Russian Constitutional Court Strikes Down Insanity Law

Russia's Constitutional Court ruled that current laws fully depriving mentally ill individuals of their legal capacity do not correspond to the Constitution. The case was initiated by Irina Delovaya, who has been disabled since childhood and who lives at a special psycho-neurological clinic in St. Petersburg. In 2010 at the school's request Delovaya was recognized as incapable by the court and was deprived of the opportunity to manage her assets, particularly her pension (e.g. to purchase food). When considering the issue, the court was guided by current civil legislation, which stipulates full deprivation of legal capacity in cases where an individual is mentally unstable. The clinic administration was assigned as the plaintiff's guardian. The court admitted the necessity to introduce amendments to the law to ensure a differentiation of mentally ill patients. At the same time the court stresses that the possibility to recognize an individual incapable, following a psychological disorder, does not contradict the Russian Constitution since it is first aimed at protecting his/her rights and legal interests.

http://www.rapsinews.com/judicial_news/20120627/263597191.html
http://www.gazeta.ru/social/2012/06/27/4644097.shtml