About

Many people with intellectual and psychosocial disabilities face discrimination and barriers to justice across the EU.

But legal action can drive real change.

That’s where strategic litigation comes in—it’s not just about winning cases for individuals but challenging unfair laws to create lasting impact. Take Hungary, where residents of a state-run institution faced abuse but couldn’t fight back due to restrictive guardianship laws. Through strategic litigation, advocates are working to hold the system accountable.

In this podcast, we’ll explore these legal battles, meet the experts behind them, and uncover how the law can be a tool for justice.

Understanding Strategic Litigation

Description

In this inaugural episode of Litigate, we spotlight FORUM, a Central European legal NGO dedicated to international human rights litigation and advocacy. FORUM plays a crucial role in supporting both domestic and international legal efforts to protect fundamental rights.

Our expert guests explore the concept of strategic litigation, offering key insights and practical strategies on how legal action can be used to address systemic rights violations, particularly those affecting persons with disabilities.

A central focus of this episode is the case of V. v. Czech Republic (ECtHR)—a pivotal human rights case examining the intersection of law enforcement, mental health care, and the right to life. The case concerns the death of a man hospitalized in a psychiatric facility following the use of a taser by police and the administration of a tranquilizer by medical staff. His brother, the applicant in the case, argued that the Czech authorities failed to protect the right to life and subjected the victim to inhuman and degrading treatment, raising serious concerns under Articles 2 (Right to Life) and 3 (Prohibition of Torture and Inhuman or Degrading Treatment) of the European Convention on Human Rights.

The European Court of Human Rights reviewed whether the Czech government had adequately investigated the circumstances surrounding the death and whether the force used was justified under human rights law. The case highlights broader systemic issues, including the treatment of individuals with mental health conditions in institutional settings and the safeguards required to prevent excessive use of force. Our panel of experts breaks down the legal and human implications of the case:

  • Maroš Matiaško – Human Rights Lawyer, FORUM
  • Jana Martinková – Lawyer, Ministry of Justice (Office of the Agent Representing the Government before the ECtHR)
  • Tomáš Wrobel – Former User of Mental Health Services

Together, they discuss the broader impact of strategic litigation in shaping policies, raising awareness, and securing justice for vulnerable communities. Tune in for a thought-provoking discussion on law, advocacy, and human rights.

Host: Anna Bracco

Intro/Outro Voice-over: Ruben Dos Santos

Contributors: Maroš Matiaško, Jana Martinková, Tomáš Wrobel

Music Attribution: “Inspirational Story” by LagitoMusic

Sound Effects: no sound effects were added, just only the music or segments of the music

Transcription
Challenges and Triumphs in Advocating for Legal Rights

Description

Host Simona Florescu (Validity Foundation) is joined by Bulgarian lawyers Aneta Genova and Vladimir Mirchev, who advocate for the rights of persons with psychosocial and intellectual disabilities in Bulgaria. As co-founders of the Network of Independent Experts, they share their legal strategies and experiences challenging institutionalisation and guardianship.

This episode focuses on the long road to justice in the landmark case of Stanev v. Bulgaria, the first case in which the European Court of Human Rights found that placement in a social care institution without consent could constitute unlawful deprivation of liberty under the European Convention of Human Rights. Aneta and Vladimir reflect on their work with Rusi Stanev the case’s central figure, and how strategic litigation not only challenged the guardianship system but empowered Mr. Rusi Stanev to become a powerful advocate for disability rights.

The conversation delves into the structural challenges of representing clients under guardianship, the patchy implementation of reforms in Bulgaria, and the limits of deinstitutionalisation when “small group homes” replicate the same restrictive environments. The episode also explores efforts to advance supported decision-making, critiques of EU funding for institutional models, and the growing need for more bold, well-trained lawyers to take up strategic litigation in this field.

From courtroom victories to ongoing struggles, this episode offers an honest and deeply human portrait of what it means to fight for equality, autonomy, and justice — and why litigation remains a vital tool in that fight.

Host: Simona Florescu

Intro/Outro Voice-over: Ruben Dos Santos

Contributors: Aneta Genova, Vladimir Mirchev

Music Attribution: “Inspirational Story” by LagitoMusic

Sound Effects: no sound effects were added, just only the music or segments of the music

Transcription

The Role of Legal Advocacy Organisations

 

Description

In this episode of Strategic Litigation for Disability Rights, host Simona Florescu (Validity Foundation) is joined by Georgiana Pascu, Senior Project Manager at Romania’s Centre for Legal Resources (CLR), a non governmental organisation working at the intersection of law and human rights to protect people with intellectual and psychosocial disabilities through litigation, monitoring, and advocacy.

This episode examines the critical role legal advocacy organisations play in driving structural change, particularly in contexts where state systems fail to protect persons with psychosocial and intellectual disabilities. Aimed at legal professionals, disability rights advocates, and anyone interested in justice reform, the conversation offers both technical insight and human impact.

You will also learn about CLR’s recent findings from unannounced monitoring visits in Mureș County, where children with disabilities — some under the age of 7 — were found confined to beds in state-run institutions, deprived of therapy and care. These cases expose the disconnect between legal standards and lived realities, and raise urgent questions about public accountability, institutional incentives, and systemic neglect.

The discussion also revisits the landmark case of Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania before the European Court of Human Rights — a judgment that set a significant precedent on NGO standing, the right to life, and state obligations under the European Convention on Human Rights.

Whether you’re a lawyer, policymaker, researcher, or concerned citizen, this episode highlights how legal advocacy can be a powerful force for systemic change — and what it takes to hold institutions accountable when rights are violated behind closed doors.

Host: Simona Florescu

Intro/Outro Voice-over: Ruben Dos Santos

Contributors: Georgiana Pascu

Music Attribution: “Inspirational Story” by LagitoMusic

Sound Effects: no sound effects were added, just only the music or segments of the music

Transcription

No Voice, No Justice: Institutionalisation and Guardianships in the EU.

Description

What happens when the highest court in the EU refuses to hear a case about human rights violations? In this episode, we explore a powerful but frustrating example of strategic litigation, where ENIL and the Validity Foundation challenged the European Commission for allowing EU funds to support institutionalisation in Bulgaria.

Although the case was dismissed on procedural grounds, it raised important questions about access to justice, the rights of people under guardianship, and the EU’s responsibility to uphold the CRPD. Through the voices of Bart van Vooren, a pro bono lawyer at Covington & Burling, and Steven Allen, Executive Director at Validity, we dive into the legal strategy, the disappointments, and the ongoing fight for accountability.

This isn’t just a story about courts and regulations. It’s about people living in institutions, often invisible, and the structural barriers that prevent them from claiming their rights. It’s also about the role of EU money in reinforcing those barriers — and what we can do to challenge that.

If you’ve ever wondered how litigation can be used to create change, even when you lose, or if you care about disability rights, justice, and transparency in the EU, this conversation is for you.

We speak with experts:

Bart Van Vooren – Pro bono lawyer at Covington and Burling specialising in life sciences and EU regulations.

Steven Allen – Executive Director of Validity.

Host: Rita Crespo Fernandez

Intro/Outro Voice-over: Ruben Dos Santos

Contributors: Bart Van Vooren, Steven Allen.

Music Attribution: “Inspirational Story” by LagitoMusic

Sound Effects: no sound effects were added, just only the music or segments of the music

Transcription

Episode coming soon!

The Topház Case: A Case Study of Neglect, Consent and Fighting Back.

Description

What happens behind the closed doors of institutions? In this powerful episode, we delve into one of Hungary’s most shocking cases of institutional abuse: the Topház case.

The story begins with a 2017 report by Validity Foundation, revealing horrifying conditions inside the Topház institution — people tied to beds, caged, malnourished, heavily medicated without consent. One woman, TJ, spent most of her life in the institution and died from neglect in 2018. In 2024, the European Court of Human Rights ruled that her right to life had been violated.

But this case is more than a tragic story. It shows the devastating consequences of systemic neglect and why strategic litigation can be a vital tool to push back.

Human rights lawyer Adél Kegye explains how Validity took the case to court despite legal obstacles, including the inability of residents to sign their own power of attorney due to guardianship laws. The case also raised crucial questions about whether “small group homes” are truly a path to independent living — or just another form of segregation.

Later in the episode, we hear from István, a man who lived for decades in Hungarian institutions. His words cut through policy debates with painful clarity: “You can’t decide when to eat, sleep, or go outside. You are not free.” Now living independently, he shares how getting the right support — including legal help — allowed him to reclaim his autonomy and dignity.

This episode will make you reflect on:

  • Why institutional settings, even the smaller ones, can be harmful
  • How legal systems often block access to justice for those most affected
  • What it means to fight for your rights — and for others’
  • And how independence is not just a principle, but a daily, lived freedom

If you care about justice, if you believe in dignity for all: this is an episode you need to hear.

Host: Rita Crespo Fernandez

Intro/Outro Voice-over: Ruben Dos Santos

Contributors: Adél Kegye, István

Music Attribution: “Inspirational Story” by LagitoMusic

Sound Effects: no sound effects were added, just only the music or segments of the music

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Contact

For press inquiries, please contact:

Marina Kazakova
Senior Communications Officer
m.kazakova@victimsupporteurope.eu
0032(0)23 46 04 55

For general inquiries, please contact:

Antonio De Martin
Senior Projects Manager
a.demartin@victimsupporteurope.eu
0032(0)23 46 04 55

Brought to you by LITI-GATE, funded by the Citizens, Equality, Rights and Values Programme of the European Commission.

The LITIGATE project is funded by the European Education and Culture Executive agency of the European Commission.

Co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the granting authority can be held responsible for them.

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