IDOM: Case VI vs. Moldova shows the state’s failure to protect people in psychiatric institutions, especially children

The European Court of Human Rights issued a judgment in the case of VI vs. Moldova, where he highlighted the critical issues of discrimination based on disability and age, which led to ill-treatment of a child with an intellectual disability. The Court found the problems to be systemic, requiring the Government to take legal and practice-changing measures to end future abuses. The case was reflected by the Institute for Human Rights of Moldova (IDOM), in a Press conference at IPN.

According to Valerian Mămăligă, lawyer within the Advocacy and Strategic Litigation Program at IDOM, the European Court’s ruling reveals discrimination and abuse of children with disabilities. IDOM, together with the Validity Foundation, represented at the ECtHR a person affected by a mild intellectual disability, whose ordeal began when he was 13 years old, after the death of his mother and father later. Following the closure of the boarding school where he was placed, he was then unjustly transferred to the Codru Psychiatric Clinical Hospital under false pretenses. Despite protests, he was held against his will, administered heavy psychiatric drugs without informed consent and subjected to degrading treatment, including being placed in the adult ward of the institution with his hands tied.

According to IDOM, the Court’s decision highlighted systemic failures in the legal framework of the Republic of Moldova, especially regarding the involuntary placement of children with disabilities in Psychiatric Hospitals and the absence of independent guarantees to prevent abuse. The Court emphasized the need for comprehensive reforms to protect the rights and dignity of individuals, emphasizing the state’s obligation to establish effective protection systems.

The Court found that states have an increased duty to protect children with disabilities, such as the applicant, who had been placed in state care. According to the Court: “the existing legal framework in the Republic of Moldova – which does not guarantee an independent review of involuntary placement in a psychiatric hospital, involuntary psychiatric treatment, the use of chemical restraint and other mechanisms to prevent such abuse of persons with intellectual disabilities in general, as well as children without parental care in particular – does not meet the requirement inherent in the positive obligation of the state to establish and effectively implement a system that provides protection to such children against serious violations of their integrity” The state also was found liable for not providing a child-friendly procedure to involve the applicant in the decision-making process.

The Court held that the Republic of Moldova must pay the plaintiff 25 thousand euros as moral damage and 7,420 euros in costs and expenses.

Also, the Court expressly asked the Moldovan authorities to take general measures in order to reform the system of involuntary hospitalization in a psychiatric hospital and involuntary psychiatric treatment of people with intellectual disabilities, especially children.

Vanu Jereghi, executive director of IDOM, believes that this case shows the failure of the state of the Republic of Moldova to provide adequate guarantees and mechanisms to protect the rights and well-being of people in psychiatric institutions, and especially children. The case was pending before the European Court for 7 years.

Note: The IPN Agency offers the right of reply to the people who consider themselves targeted in the news made from the statements of the organizers of this press conference, including by facilitating the organization of another press conference under similar conditions.