Latvia

MDAC has been involved in Latvia since 2002 via various projects, mainly with its partner NGO, ZELDA.

Current situation

The Latvian Constitutional Court ruled in a case in December 2010 that two provisions of law which deal with guardianship will become invalid from 1 January 2012. The Court said that the law only provides for total guardianship and “does not allow for partial restrictions of legal capacity or other milder and more appropriate solutions”. A legal capacity law reform working group has been created which aims to identify the gaps in current laws concerning legal capacity and submit proposals on the necessary legal amendments.  

MDAC activities

Advocacy:MDAC’s work on legal capacity is carried out with the NGO ZELDA, which was responsible for the strategic litigation that has resulted in the requirement to reform the legal capacity laws. MDAC has met with Ministry of Justice, and Ombudsman officials and is encouraging them to pursue progressive reforms.

Capacity-building: In March 2011 MDAC and ZELDA held a training seminar for NGOs which brought together experts from Latvia, Sweden, Hungary and Canada to discuss legal capacity and alternatives to plenary guardianship in the light of the CRPD.