Safinas Ahayeva

Human Rights and Mental Disability: with Particular Reference to the Concepts of Legal Capacity and Guardianship in Legislation of the Russian Federation Safinas Ahayeva

It took a lot of time before human rights of people with disabilities occupied its niche within the international framework of human rights protection. However,there is a lot of evidence that human rights violations of people with disabilities are still very common. Discrimination,ill-treatment,intrusion into private life, deprivation of rights to study and to work is far from being a full list of violations these people face on a daily basis. Yet, perhaps one of the most blatant human rights abuses is the removal of legal capacity,when an individual becomes "no one" from legal point of view,and a guardian is appointed as his substitute in all legal affairs-a legal concept existing in relation to people with mental disabilities in many post-Soviet countries. The book provides analysis of human rights implications of this "one-size-fits-all" legal concept under legislation of Russia and proves its inconformity with human rights standards. Tracing in addition the development of international human rights law for people with mental disabilities,the book can be useful for academics, professionals as well as for all who are interested in human rights issues of people with disabilities.