Commissioner for human rights: citizens with mental disabilities have the same rights to health protection as other citizens

The Commissioner for Human Rights in Kazakhstan, Elvira Azimova, in an interview with Sputnik Kazakhstan, noted the following: "Currently, based on the statement of the mother of one of the recipients of the Shymkent center for special social services (KSU No. 2) about the rape of her daughter, an investigation is being conducted by the Shymkent police Department. Accordingly, it is premature to draw any conclusions until the results of the investigation are received."

At the same time, taking into account the analysis of the current legislation, the Ombudsman highlighted the following points.

First.

According to the Code on people's health and the healthcare system, medical assistance to citizens and the Code on marriage (matrimony) and family citizens recognized by court incapacitated due to serious mental health disorders (social) services are rendered with the consent of the guardian.

The appointed guardian has the right, without the consent of the incapacitated citizen, to make decisions on the protection of his health, but subject to the observance of his right to respect for human dignity and care for the incapacitated citizen.

This also applies to the situation when the guardian, based on a court decision, is appointed by the administration of a medical and social institution, taking into account the wishes of the parents.

Second.

Unfortunately, in practice, it is common when, despite the presence of parents, who, by the way, are not deprived of parental rights, the guardian is appointed by the administration of doctors-a social institution where such a citizen is placed.

For such situations, the current Code on Marriage (Matrimony) and the Family do not establish clear mutual obligations and rights of guardians represented by the administrations of medical and social institutions and close relatives.

This is especially true for the maintenance of social and family ties.

The third.

Also, the current Civil Code of the Republic of Kazakhstan provides for the recognition of a citizen as completely incapacitated due to mental illness or dementia, without reference to the degree of the disease.

As a result, to receive services in such psychoneurological institutions, citizens who have even small degrees of mental illness are often recognized as completely incapacitated.

Restriction of legal capacity is possible only due to the abuse of gambling, betting, alcoholic beverages, or narcotic substances.

It is necessary that, as part of the measures being developed to modernize the social service and in the process of working on the draft Social Code, the Ministry of Labor, together with the Ministry of Health, review this practice and eliminate gaps in legislation. This will eliminate the situation when citizens with partial mental disorders are completely deprived of their legal capacity to access special social services with accommodation in specialized institutions.

"This would be good support for citizens who do not want to give up their relatives. All citizens should have real opportunities to exercise their constitutional right to health protection, " the Ombudsman concluded.

At the meeting, the Ministry of Labor supported this position and assured that it would be taken into account in the work on the draft Code. Also, an appeal was sent to the two ministries to check the situation regarding the observance of the right to the reproductive health of women of childbearing age in all similar institutions to obtain a reliable picture and take preventive measures.

More details: https://ru.sputnik.kz/society/20210222/16351265/kontratseptsiya-internat-zhenschiny-invalidovy.html