European Court of Human Rights in Case K. v Poland. The court ruled that the compulsory placement of incapacitated persons in social services homes violates the right to freedom.
In 2000, the court decided to incapacitate SK due to his chronic illness, schizophrenia. In 2002, S.K. was placed in a nursing home.
S.K. applied respective times to repeal incapacity for work. However, the court rejected his application. In March 2007, the Constitutional Court issued a judgement stating that the inability of the individual incapacitated to appeal himself against incapacitation violates the constitution. As a consequence of this decision, the provisions of the civilian Procedure Code have changed. In September 2007, S.K. returned to court, but his application was dismissed. The Court of First Instance stressed that the amendments to the Code of civilian Procedure, which will not enter into force until October, do not apply to the situation of the complainant.
In his complaint to the European Court of Human Rights, S.K. argued that he was placed in a home of social assistance against his will and that he could not change that decision since 2002. He besides complained about the decision of the court, which in his opinion ignores his arguments regarding intellectual screening.
The European Court of Human Rights, in its ruling on violations of the right to freedom, stated that S.K. "is under constant control and cannot leave the home [social welfare – ed.] without appropriate consent". The European Court of Human Rights considered that the detention of the complainant at the nursing home was unjustified and that he himself should be able to challenge the decision to place him there.
“In the Polish case, for the first time, the court found that placing in a nursing home was a violation of freedom,” said HFPC vice president Dr. Adam Bodnar. "This case demonstrates the importance of judicial control over the placement of persons in social welfare. The home is.” added Dr. Adam Bodner.
The Centre for intellectual Disability submitted an opinion to amicus in the proceedings before the ETPCz. The organisation draws attention to the anticipation that not only the right to freedom may be infringed in this case, but besides the prohibition of discrimination against persons deprived of their rights and freedoms. Barbara Grabowska, HFPC's lawyer, said: "The MDAC opinion shows the systemic nature of this case, which concerns not only Poland, but the rights of persons incapacitated throughout Europe."
The ECHR granted the applicant EUR 10,000 compensation.
(for HFPC)
