Hungary
MDAC is working with its NGO partners to push through reforms to those aspects of the Civil Code which affect guardianship. The government agrred with the majority of MDAC's recommendations and the draft Civil Code is now being debated by Parliament.
In previous years, MDAC has used its research findings into the use of cage beds to seek a legal ban on their use in all institutions. This was successful in Hungary, although they are still used in Austria, the Czech Republic, Slovakia, Croatia and other countries.
We are concerned at the ease with which people are involuntarily detained in psychiatric hospitals in various States: Hungary is no exception. To challenge this practice we therefore helped a client lodge a claim before the European Court of Human Rights. We argued that his detention for three years was based on superficial and insufficient judicial reasoning, and therefore breached the European Convention on Human Rights (ECHR). The case - Gajcsi v. Hungary - was successful and resulted in the Hungarian government acknowledging weaknesses in the judicial process. We continue to work with the judiciary on the implementation of this decision and offer training on ECHR standards relating to court review of involuntary detention.
Our report Liberty Denied raised concerns about fair trial rights for people with mental disabilities in the criminal justice system. On the basis of this report we have sought legislative amendments to the Criminal Code. Its sister report Prisoners or Patients? described human rights violations in Hungary’s only forensic psychiatric hospital/prison. We are advocating for better human rights protection for this neglected population. We are also supporting peer advocates working at the institution by providing them with legal advice and training.
A number of adults are deemed unable to make 'appropriate' decisions on their own. Many countries, including Hungary, deal with the issue by formally depriving them of their legal capacity to take decisions and by placing them under guardianship. Research carried out by MDAC into the Hungarian guardianship system however, shows that it consistently fails to comply with international human rights standards. Its effect is to remove the human rights of those it purports to protect. MDAC is therefore working towards reform of the Civil Code where it impacts upon legal capacity generally and guardianship specifically. To learn more, read our 2007 report Guardianship and Human Rights in Hungary. With our NGO partners we are also developing practical alternatives to guardianship, namely supported decision making and advance directives and engaging with a range of people who are, or may become, involved in the process. MDAC welcomes Hungary's early ratification of the Convention on the Rights of Persons with Disabilities. We will now work with the government to ensure its full implementation.
Partner Websites
Mental Health Interest Forum (PÉF)
Hungarian Association for Persons with Intellectual Disability (ÉFOÉSZ)
Hungarian Civil Liberties Union (TASZ)
Hand in Hand
Soteria Foundation
Project Supporters
MDAC is implementing a project called “Together: non-governmental organisations from exclusion to inclusion" (Együtt: Civil szervezetek a kirekesztéstől a befogadásig) This project which runs from 1 October 2008 for two years is co-funded by the Norwegian Government's EEA Grants. Please help us to continue our work in Hungary and elsewhere by making a donation to MDAC.
