CRPD/C/LTU/CO/1
Equal recognition before the law (art. 12)
25.
The Committee is deeply concerned at the legal provisions permitting the denial or
restriction of the legal capacity of persons with disabilities contrary to article 12 of the
Convention, which thereby limit rights of persons with disabilities to give their free and
informed consent for treatment, to marry, to found a family and to adopt and raise children.
26.
With reference to its general comment No. 1 (2014) on equal recognition before
the law, the Committee recommends that the State party repeal laws, policies and
practices permitting guardianship and trusteeship for adults with disabilities and
replace regimes of substituted decision-making with regimes of supported decisionmaking.
Access to justice (art. 13)
27.
The Committee is concerned that the training courses available to judicial and law
enforcement personnel do not cover all barriers faced by persons with disabilities who wish
to gain access to the justice system and are insufficient in scope and number.
28.
The Committee recommends that the State party, in close collaboration with
organizations of persons with disabilities, develop and implement a national plan of
action to build the capacity of judicial and law enforcement personnel, including
judges, prosecutors, police officers and prison staff, to enhance their knowledge of the
rights of persons with disabilities and to ensure the provision of procedural and ageappropriate accommodation in all legal procedures and of reasonable accommodation
in prisons.
Liberty and security of the person (art. 14)
29.
The Committee is concerned that the Law on Mental Health (1995), the draft
amendment to the Law on Mental Health Care and the Civil Code of 2000 allow for
persons with psychosocial disabilities to undergo involuntary hospitalization and nonconsensual treatment and to be subjected to indefinite or temporary restraints.
30.
The Committee is also concerned at the lack of statistical data on the non-consensual
treatment of persons with psychosocial disabilities, including when a guardian or family
member consented to the treatment.
31.
The Committee recommends that the State party:
(a)
Immediately repeal laws permitting deprivation of liberty based on
impairment, forced treatment and the use of restraints and seclusion, and enact new
legislation, prohibiting those practices, including within the current draft amendment
to the Law on Mental Health Care;
(b)
Involve organizations representing persons with psychosocial disabilities
in the development of new legislation;
(c)
Collect and use data to monitor and eliminate all forms of involuntary
hospitalization and treatment of persons with psychosocial disabilities.
Freedom from exploitation, violence and abuse (art. 16)
32.
The Committee is concerned about reported violence and unwarranted restriction of
freedom of movement, including isolation, as a form of punishment in social care and
psychiatric institutions.
33.
The Committee recommends that the State party:
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