ĐORĐEVIĆ v. CROATIA JUDGMENT
23
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3. These abuses require a proportional response – one which does not cut across
legitimate choices made by individuals with disabilities but one which recognises
vulnerability and exploitation. The term ‘abuse’ therefore refers to matters across a
wide spectrum, which includes criminal acts, breaches of professional ethics, practices
falling outside agreed guidelines or seriously inadequate care. As a consequence,
measures to prevent and respond to abuse involve a broad range of authorities and
actors, including the police, the criminal justice system, the government bodies
regulating service provision and professions, advocacy organisations, user networks
and patient councils, as well as service providers and planners.
II. Principles and measures to safeguard adults and children with disabilities
against abuse
1. Protection of human rights
Member States have a duty to protect the human rights and fundamental freedoms of
all their citizens. They should ensure that people with disabilities are protected at least
to the same extent as other citizens.
Member States should recognise that abuse is a violation of human rights. People
with disabilities should be safeguarded against deliberate and/or avoidable harm at
least to the same extent as other citizens. Where people with disabilities are especially
vulnerable, additional measures should be put in place to assure their safety.
2. Inclusion of people with disabilities
Member States should acknowledge that safeguarding the rights of people with
disabilities as citizens of their country is a State responsibility.
They should combat discrimination against people with disabilities, promote active
measures to counter it and ensure their inclusion in the socio-economic life of their
communities.
They should recognise that all people with disabilities are entitled to dignity, equal
opportunity, their own income, education, employment, acceptance and integration in
social life, including accessibility, health care as well as medical and functional
rehabilitation.
They should guarantee that people with disabilities are ensured protection – to at
least the same extent as other citizens – in their use of services of all kinds.
3. Prevention of abuse
Member States should increase public awareness, promote open discussion, develop
knowledge, and improve education and professional training.
They should encourage cooperation between authorities and organisations in finding
measures to prevent abuse, to improve detection and reporting of abuse, and to
support the victims.