Success to the MDAC Mental Disability Advocacy Center regarding Guardianship

Russian Constitutional Court criticises "abusive" guardianship law  St. Petersburg (Russia) and Budapest (Hungary), 28 June 2012. In a case initiated by MDAC, the Russian Constitutional Court yesterday quashed as unconstitutional the lack of alternatives to plenary guardianship. An estimated 300,000 people are currently under guardianship, all stripped of their personhood and of their legal rights. The Court ordered the parliament to enact a new law which better respects people's decision-making capacity.   Since 1982, Irina Delova has lived in "Social Care Institution No. 3" in St. Petersburg. With almost 1,100 it is one of the largest institutions in Russia. Until 2010 she had managed her own money, but the institution wanted to control it. They applied to a district court which deprived Ms Delova of her legal capacity. The institution became her guardian and she was not allowed to access her own money. At the district court hearing, psychiatrists testified that Ms Delova was able to manage her money for every-day purposes, but she needed some support for more complex transactions.  "The Constitutional Court has taken an important step in recognising the obvious: that the law should provide alternatives to Irina Delova, as it should to everyone else: stripping personhood and dignity should never be lawful," said Oliver Lewis, MDAC Executive Director. "We call on the Federal Government and members of the Duma to abolish plenary guardianship altogether, and introduce supported decision-making, in accordance with the UN Convention on the Rights of Persons with Disabilities."  Full deprivation of legal capacity is the only measure available in Russian law to enable people with disabilities to make decisions. MDAC has been campaigning for reform of the law since launching a report on guardianship and human rights in Russia in 2007. In 2010 the European Court of Human Rights started to chip away at the system in the case of Shtukaturov v. Russia. In a separate case brought on Mr. Shtukaturov's behalf, the Constitutional Court struck down numerous procedural aspects of Russian guardianship law which were implemented through legislative amendments in 2011. However, until now, the substantive guardianship law had not been judicially criticised.  Ms Delova was represented by Dmitri Bartenev, an attorney practicing in St. Petersburg who is MDAC's contracted Russian attorney. The case was supported by MDAC as well as the St. Petersburg NGO "Perspektivy" and the Independent Psychiatric Association of Russia.  Commenting on the decision, Dmitri Bartenev said, "This is a historic moment for Russia in combatting the social exclusion of hundreds of thousands of people with disabilities. Depriving someone of their legal capacity is routinely used by family members and local government to then to lock people up in an institution for the rest of their lives."  MDAC will make the full text of the decision in Russian available on its website as soon as it is available and will post an English translation shortly. MDAC's litigation in Russia has been supported financially by the Open Society Foundations. MDAC is the only international NGO that challenges these violations, which would otherwise remain hidden. We need your help to continue taking cases such as Ms Delova's to court, creating a legal deterrent to prevent future abuses of this kind. The change MDAC creates is long-lasting and will ultimately improve the lives of many future generations of people. Your support is needed because, in all cases, the clients who we help have no funds, and legal aid is not available to pay lawyers. To donate, please click here.

Mental Disability Advocacy Center Hercegprímás u. 11, H-1051 Budapest, Hungary phone: +36 1 413 2730 | fax: +36 1 413 2739 | email: mdac@mdac.info

The OAS Human Rights Convention for Older Persons

The San Jose Charter on the Rights of Older Persons

The final outcome of the III Intergovernmental Conference on Ageing in Latin America and the Caribbean (ECLAC)] that was held on May 2012 in San Jose, has produced an important international document on the rights of older persons.
The document, known as the
SAN JOSÉ CHARTER ON THE RIGHTS OF OLDER PERSONS IN LATIN AMERICA AND THE CARIBBEAN
is yet another important step by the Latin America countries to be the leaders in promoting and advancing the rights of older persons via regional human rights instruments.
Here is the link to the full document:
http://www.ngocoa-ny.org/events/regional-conferences/san-jose-charter-on-the.html

Israel not planning for country's burgeoning number of elderly, expert warns - Haaretz Daily Newspaper | Israel News

To learn about the Israeli experience (or inexperience) in the context of an aging society, see the following link to a news article in the field:
Israel not planning for country's burgeoning number of elderly, expert warns - Haaretz Daily Newspaper | Israel News

New book on the future of elder law

A new book, that I have edited with my colleague Prof. Ann Soden, has just been published under the hospice of Springer Publication.
The book called: "Beyond Elder Law: New Directions in Law and Aging" consists of 9 different chapters that cover a wide array of critical issues in the field of elder law: legal capacity; guardianship; elder abuse and neglect; age discrimination; international elder law; and more. The authors, are some of the most leading scholars in the field, come from all over the world: UK, Belgium; Australia, Canada, USA, and Israel.
Here is the link to the book, which includes the introduction and the Table of Contents.
Enjoy. Issi
New Book: Beyond Elder Law

Regional HR Convention for Older Persons - Development in the Americas

The struggle to develop and establish a new human rights instrument to promote the rights of older persons on the international level has received a new boost from the Organization of American States:

The Organization of American States.approved last Friday (December 2, 2011) a major step to start writing the text of a convention to protect the rights of older people. This report was approved and highlights the need to comply with the mandate of the Working Group in 2012. According to the operative paragraph 2 of Resolution AG / RES 2654 (XLI-0/11), its task is to develop "a draft Convention for the promotion and protection of the rights of older people before the end of the first half of 2012.”

If indeed the OAS will stand up to its plan, it will the first international body to adopt and binding international convention exclusively for the rights of older persons. This can also serve as a significant step towards the adoption of a similar trend not only in other global regions but also for the UN at large.

Family caregiving: USA Presidential Proclamation

Barack Obama issued a Presidential Proclamation in honor of National Family Caregivers Month.
Here is the link + the full text:
http://www.nfcacares.org/press_room/detail.cfm?num=168

PRESIDENTIAL PROCLAMATION -- NATIONAL FAMILY CAREGIVERS MONTH


11/01/11 — THE WHITE HOUSE Office of the Press Secretary For Immediate Release November 1, 2011

NATIONAL FAMILY CAREGIVERS MONTH, 2011 - - - - - - - BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION

Across our country, millions of family members, neighbors, and friends provide care and support for their loved ones during times of need. With profound compassion and selflessness, these caregivers sustain American men, women, and children at their most vulnerable moments, and through their devoted acts, they exemplify the best of the American spirit. During National Family Caregivers Month, we pay tribute to the individuals throughout America who ensure the health and well-being of their relatives and loved ones.

Many of our Nation's family caregivers assist seniors and people with disabilities to help improve their quality of life. Their efforts help deliver short-term comfort and security, facilitate social engagement, and help individuals stay in their homes and communities as long as possible. This heroic work is often done while caregivers balance other commitments to their families, jobs, and communities. As these remarkable individuals put their own lives on hold to tend to their family members, it is our responsibility to ensure they do not have to do it alone.

To ease the emotional and financial burdens that can accompany caregiving, my Administration has striven to support family caregivers for the crucial role they perform. Vice President Joe Biden's Middle Class Task Force has focused on the importance or investing in respite care, counseling, and training for individuals who serve aging Americans. These initiatives would give family caregivers a leg up as they continue to support their aging loved ones.

One of our Nation's greatest responsibilities is to ensure our veterans, their families, and their caregivers receive lasting and comprehensive support. Last year, I signed the Caregivers and Veterans Omnibus Health Services Act, which helps fulfill this obligation by extending additional assistance to family members who care for severely wounded veterans from Iraq and Afghanistan. Our military caregivers exemplify the heroism found not only on the fields of battle, but also in the hearts of those who tend to our wounded warriors when they come home.

As we observe National Family Caregivers Month, we honor the tireless compassion of Americans who heal, comfort, and support our injured, our elders, and people with disabilities. This month and throughout the year, let the quiet perseverance of our family caregivers remind us of the decency and kindness to which we can all aspire.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2011 as National Family Caregivers Month. I encourage all Americans to pay tribute to those who provide for the health and well-being of their family members, friends, and neighbors.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of November, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA