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Validity Foundation - Mental Disability Advocacy Centre

Validity Foundation

Validity is a specialist international non-governmental organisation that deploys legal strategies to promote, protect and defend the human rights of persons with intellectual disabilities and persons with psychosocial disabilities.

Lobbying Activity

Meeting with Egelyn Braun (Cabinet of Commissioner Michael McGrath)

17 Jul 2025 · Exchange of views on civil society challenges

Meeting with Ana Carla Pereira (Director Justice and Consumers)

11 Jul 2025 · Discussion on the implications of the project of Hungarian legislation on the operations of Validity Foundation, specifically in respect of funding under CERV and JUST

Response to Amendment of the EU rules on victims’ rights

26 Sept 2023

Validity Foundation and European Network on Independent Living welcome the redraft of the Victims' Rights Directive and the explicit recognition of the rights of persons with disabilities. We are attaching a joint submission setting out our position and our assessment that the rights of persons with disabilities are not adequately reflected in the Directive . We include some specific proposals for amendments to the text which we believe would help align the Directive with international law, and in particular with the United Nations Convention on the Rights of Persons with Disabilities. We are grateful for the chance to make this submission and would welcome the opportunity to discuss the points we are raising with a view to further strengthening the Directive.
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Response to Civil aspects of the cross-border protection of vulnerable adults

20 Aug 2023

Validity Foundation is making this submission in response to the proposed Regulation on the protection of vulnerable adults. The proposal, in our view, fundamentally contradicts the general obligations of Member States and European Union as parties to the CRPD (Article 4 CRPD). That article states, inter alia, that parties to the CRPD must adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention, and must refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention. Our view is that the Hague Convention on the International Protection of Adults is an outdated instrument that advances harmful measures to give cross-border recognition to deeply discriminatory legal practices which fundamentally violate the human rights of persons with disabilities as enshrined under the CRPD. In its present form, we call for the withdrawal of the proposal because it has the potential to legalise practices including guardianship, involuntary detention, hospitalisation, and substitute decision-making regimes across borders in the European Union and beyond in a way that will internationalise deeply discriminatory practices against persons with disabilities. We are particularly concerned about persons with intellectual disabilities, persons with psychosocial disabilities, autistic persons, older persons with disabilities, and women and girls with disabilities. These populations all experience multiple and intersecting forms of discrimination that are frequently reinforced by non-compliant laws and practices that predate adoption and ratification of the CRPD, and we are concerned that the current proposal will enhance the cross-border enforcement of such systems. More specifically, Articles 3 and 21 of the proposal refer to measures of guardianship and institutionalisation which directly conflict with the rights of persons with disabilities, including the rights to equality, legal capacity, and independent living. In all cases, the right to protection in this and all regulations must be consistent with the rights of persons with disabilities and must uphold the legal capacity of individuals as well as the rights to supported decision making. We would also like to draw attention to the joint submission dated 2 August 2023, from the UN Special Rapporteur on the rights of persons with disabilities (Gerard Quinn) and the Independent Expert on the enjoyment of all human rights by older persons (Claudia Mahler). In particular, Validity agrees that a revised proposal should properly reflect and advance a new model policy response based on autonomy and supported decision-making which is consistent with the UN CRPD and any future UN convention on the rights of older persons. In addition, Validity also agrees that there is a real risk that, if enacted as proposed, the Regulation and Decision will only attract needless legal liability in the international legal order for the EU and its Member States (p.13). In our view, the current process has not effectively sought the participation of persons with disabilities or their representative organisations, or other representatives of civil society including human rights advocacy organisations, as also required under the CRPD and particularly Article 4(3) and General Comment No. 7 of the Committee on the Rights of Persons with Disabilities (CRPD Committee). In conclusion, Validity, affirms its position that the proposed regulation should be withdrawn in its current form. Any revisions made must be in line with the UN CRPD, and must respond to the issues and concerns raised in the 2 August submission as well as to the disability rights movement more widely. For more information about Validity see https://validity.ngo.
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Meeting with Annelisa Cotone (Cabinet of Commissioner Helena Dalli)

14 Dec 2021 · Exchange on EU disability policies

Meeting with Christoph Nerlich (Cabinet of Commissioner Nicolas Schmit)

14 Dec 2021 · de-institutionalisation