ĐORĐEVIĆ v. CROATIA JUDGMENT
19
Article 4 – Civil and political rights
1. Persons with mental disorder should be entitled to exercise all their civil and
political rights.
2. Any restrictions to the exercise of those rights should be in conformity with the
provisions of the Convention for the Protection of Human Rights and Fundamental
Freedoms and should not be based on the mere fact that a person has a mental
disorder.
...
Article 7 – Protection of vulnerable persons with mental disorders
1. Member States should ensure that there are mechanisms to protect vulnerable
persons with mental disorders, in particular those who do not have the capacity to
consent or who may not be able to resist infringements of their human rights.
2. The law should provide measures to protect, where appropriate, the economic
interests of persons with mental disorder.
...”
76. The relevant parts of Recommendation Rec(2006)5 of the
Committee of Ministers to member States on the Council of Europe Action
Plan to promote the rights and full participation of people with disabilities
in society: improving the quality of life of people with disabilities in Europe
2006-2015 (adopted by the Committee of Ministers on 5 April 2006 at the
961st meting of the Ministers’ Deputies) read as follows.
“...
Bearing in mind the Convention for the Protection of Human Rights and
Fundamental Freedoms (ETS No. 5);
...
3.12. Action line No. 12: Legal protection
3.12.1. Introduction
People with disabilities have the right to recognition everywhere as persons before
the law. When assistance is needed to exercise that legal capacity, member States
must ensure that this is appropriately safeguarded by law.
Persons with disabilities constitute a varied population group, but all have in
common, to a greater or lesser extent, the need for additional safeguards in order to
enjoy their rights to the full and to participate in society on an equal basis with other
members.