Stanev v. Bulgaria, App. No. 36760/06, European Court of Human Rights

Nature of the Case

A Bulgarian individual challenged his indefinite and involuntary placement under partial guardianship and in a remote psychiatric institute, in degrading conditions.

Enforcement of the Decision and Outcomes

The Committee of Ministers of the Council of Europe is responsible for supervision of the execution of the judgment. In 2013, Bulgarian authorities reported that Stanev had been moved to a new “family-type clinic” in his hometown with his consent and that of his guardian. He was reportedly “satisfied,” but expressed a desire to live outside an institutional setting. Following review of his situation, the prosecutor declined to take action to restore Stanev’s legal capacity based on the lack of evidence that he is not suffering from a mental disorder and can take care of himself.

The Bulgarian government has instituted reform of the guardianship system for adults with intellectual disabilities. The Ministry of Justice has held public consultations on the “Natural Persons and Support Measures” bill, a draft law aimed at changing guardianship. The latest version of the bill was published on April 13, 2016. The Mental Disability Advocacy Center (MDAC) and other civil society actors are actively working to inform the reform process in order to ensure that the draft law emphasizes individual autonomy and abolishes guardianship while retaining protective measures, in keeping with the principles of the UN Convention on the Rights of Persons with Disabilities, which Bulgaria ratified on January 26, 2012.

Significance of the Case

This is a groundbreaking case with significant implications for people with mental disabilities who have been institutionalized in Europe, and beyond. The case represents the first time that the EHtCR found that the placement of a person with a psycho-social disability in a social care institution may amount to detention under the Convention and that poor conditions in such homes may violate the right to be free from degrading treatment. As a result of this decision, Bulgaria and other States will need to not only improve conditions in social care institutions and respect the human rights of residents, but also ensure that people placed under guardianship are able to directly challenge their placement before courts. It should be noted, however, that by declining to examine Stanev’s claims related to the right to respect for private and home life including his right to live in the community, the Court showed unwillingness to align the ECHR with best practices concerning the right of persons with disabilities to live in the community, therefore limiting the recognition of the systemic nature of such problems and the nature of the harm of long-term institutionalization.

Groups Involved in the Case

Mental Disability Advocacy Centre (MDAC), Bulgarian Helsinki Committee, INTERIGHTS (third party intervener)