One of the major barriers to ensuring people with disabilities are equal before the law is a lack of information. Often, countries law research on the numbers of those deprived of the legal capacity. It is also often difficult to see which laws are being used to deprive people of legal capacity. Without clearly identifying both the magnitude of human rights violations, as well as the legal mechanisms which allow for them to happen, we cannot specify where change must occur. In Bosnia-Herzegovina (B&H), advocate Andrea Bilzandzic, helped prepare research materials on the state of legal capacity law and policy, which will be an invaluable tool in implementing disability justice.
During the process of making of the Country specific report on legal capacity in B&H and searching different sources that would provide more information on the issue of deprivation on legal capacity in B&H has been shown that this issue is very poorly represented in B & H and how the development of such a report was necessary.
This Report focuses on law and policy in B&H which has relevance to Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, on Equal Recognition before the Law. The report is based on the research conducted in areas of the legal framework in Bosnia and Herzegovina (B&H) relevant to Article 12, the practice of public services in the implementation of this right, and the experiences of persons with disabilities in exercising the right to legal capacity. For the purpose of preparing this report, more than 20 laws, policies, strategies and reports have been analysed, which was necessary taking into account the complicated decentralized political system in Bosnia and Herzegovina.
The report was enriched to information on the number of persons deprived of legal capacity in B&H, and survey of attitudes of professional staff employed in the centres for social work/social protection services and other service providers about the implementation of the Convention and laws in B&H with particular emphasis on Article 12 and the issue of legal capacity.
All information collected within this report unfortunately do not show a positive image, it will take much time to domestic legislation in B & H be aligned with Article 12 of the UN Convention, also it will take time before this change is reflected in the consciousness of citizens, decision-makers, professionals who make decisions about the people who are deprived of this right.
We hope that this report will accelerate the process to abolish the practice of full deprivation of legal capacity, and development of alternative measures and support systems in accordance with the principles of human rights and equality of persons with disabilities with others.
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This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of PERSON (Partnership to Ensure Reforms of Supports in Other Nations) and can under no circumstances be regarded as reflecting the position of the European Union.