Case 74: Guardianship revoked due to incompatibility of decisions with human rights

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A woman with a cognitive disability contested the decision of her guardian to have her moved into a residential facility where no workers spoke her language, understood her cultural and religious beliefs or would prepare food in a way which was required by her religion. The woman and her family wanted her to stay primarily with them in her family home. PILCH assisted her to challenge the guardian’s decision. Together with other arguments, her advocates argued that the decision breached her Charter rights to the protection of families and children, to enjoy her culture and to freedom of religion. The tribunal decided to revoke the guardianship.

Source: Public Interest Law Clearing House, Submission to the Review of the Victorian Charter, 2011