THREE YOUNG WOMEN, DEPRIVED OF LEGAL CAPACITY AFTER REACHING MAJOR AGE, RULED LEGALLY COMPETENT PERSONS WITH FULL RIGHTS BY COURT TODAY

The Moldovan Human Rights Institute (IDOM), through Lawyer Olesea Doronceanu of the Litigation and Advocacy Program, represented the interests of three petitioners in legal proceedings to reacquire their legal capacity.

The petitioners, persons with mental disabilities, aged between 22 and 36, had been abandoned at birth and a young age were placed in the Hâncești Boarding House for Children with Mental Disorders. After reaching their major age, the young women were deprived of their legal capacity and the grounds for their deprivation were not based on their incapacity to be reintegrated in the society but rather on the authorities’ incapacity of providing alternatives to the social protection system.

Having the women declared incapacitated and setting up tutorship for them deprived them of the possibility to realize the rights and safeguards set out by the national and international law: they could not sign legal acts, did not have the right to marry, could not create a family, could not decide on conceiving a child, or participate in elections, and could be placed in medical facilities and subject to treatment without their consent, could not go to court, could not file petitions, were restricted in their rights to freedom and free movement, etc.

During the court hearings, all the interested persons supported the action and proved that the young women possessed enough life skills and capacities to be reintegrated in the society.

The Hâncești District Court ruled today to accept the action and to acknowledge the three petitioners as legally competent persons, thus ensuring respect for their rights and giving them the possibility to live a fulfilled life, in conditions of equality and dignity.

Please find attached the court judgment on this case.

Anexa Hotarire Judecatoreasca

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