Systemic discrimination of intellectually disabled children: V.I. v. Moldova paves the way

Abstract

In the judgment of V.I. v. Moldova, the Court uses a fine-toothed comb to go over the string of events that left V.I. an orphaned child stuck in a psychiatric hospital. The Court not only assesses the applicant’s individual case under Article 3, but also highlights the structural issues related to the systemic placement of mentally disabled persons in psychiatric hospitals under Article 14 taken together with Article 3.

Both the clear structure and thoroughness of the reasoning lead to a balanced judgment that takes into account the broader context of treatment of persons with intellectual disabilities in Moldova. After highlighting some aspects that make this judgment exemplary, we focus on the Court’s reasoning under Article 14, which is promising for the fight against systemic discrimination.