LITHUANIA-ABORTION-TBs-CCPR

Concluding Observations on Report 4 (2018) (Link)

Persons with psychosocial or intellectual disabilities

13. The Committee is concerned about the legal framework providing for involuntary hospitalization and treatment of persons with psychosocial or intellectual disabilities, including without a court order. It is also concerned at provisions that allow for non- consensual surgical operations, including castrations, sterilizations, abortions and operations for the removal of organs of persons with disabilities who have been deprived of their legal capacity, and at the lack of legal remedies to challenge involuntary hospitalization and medical treatment. While noting the information that the draft new Mental Health Act intends to address some of these issues, the Committee is concerned that this legislation still may not provide sufficient legal and procedural safeguards for involuntary hospitalization and treatment. While noting the proposed legislative amendments regarding limitation of the legal capacity of persons with disabilities, the Committee remains concerned that individuals declared legally incapacitated can challenge this decision only once per year and regrets not having received clarification on how these amendments will ensure free and effective legal representation of persons deprived of legal capacity. Finally, the Committee is concerned about restrictions on the right to marry, vote and stand for elections for persons with disabilities who have been deprived of their legal capacity (arts. 2, 7, 9, 10, 14, 16, 23, 25 and 26).

14. The State party should:

(a) Ensure that involuntary psychiatric confinement is strictly necessary and proportionate, is for the purpose of protecting the individual in question from serious harm or from injuring others and is applied only as a last resort and for the shortest period of time, and that such individuals have access to effective judicial review of decisions affecting them, consistent with articles 9 and 14 of the Covenant;

(b) Ensure that medical treatment or surgical interventions involving persons with disabilities who have been deprived of their legal capacity are respectful of the principle of free, prior and informed consent of the persons concerned and are carried out pursuant to appropriate legal and procedural safeguards; guarantee effective legal remedies; and ensure that any abuse is effectively investigated, with criminal liability in appropriate cases;

(c) Ensure that any restriction on legal capacity is no greater than necessary, is imposed pursuant to appropriate legal and procedural safeguards and ensures free and effective legal representation in all proceedings, and that individuals have prompt access to effective judicial review of decisions regarding their legal capacity;

(d) Revise its legislation to ensure that it does not discriminate against persons with mental, intellectual or psychosocial disabilities by denying them the right to marry; legislation should not discriminate against such persons by denying them the right to vote and stand for election on grounds that are disproportionate or have no reasonable and objective relation to their ability to vote or stand for election, taking account of article 25 of the Covenant.

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Concluding Observations on Report 3 (2012) (Link)

14. The Committee is concerned at the system of legal representation of persons deprived of their legal capacity. In particular, the Committee is concerned at the absence of legal representation of a person in procedures where his or her legal capacity may be deprived, and is also concerned at the absence of the right of individuals declared legally incapacitated to independently initiate a court procedure requesting the review of their legal capacity. Finally, the Committee is concerned at the potential negative consequences of the courts’ authority to authorize procedures such as abortion and sterilization to be performed on disabled women deprived of their legal capacity (arts. 14 and 17).

The State party should ensure free and effective legal representation to individuals in all proceedings regarding their legal capacity, including actions to have their legal capacity reviewed. It also should take appropriate measures to facilitate legal support to persons with disabilities in all matters impacting on their physical and mental health.

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Concluding Observations on Report 2 (2004) (Link)

12. While noting the information provided orally by the delegation on sex education in schools, the Committee is concerned at the high rate of unwanted pregnancies and abortions among young women between the ages of 15 and 19, and the high number of these women contracting HIV/AIDS, with consequent risks to their life and health (art. 6).

The State party should take further measures to help young women avoid unwanted pregnancies and HIV/AIDS, including strengthening its family planning and sex education programmes.

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Concluding Observations on Report 1 (1997) (Link)

[no mention]

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