Human Rights Ombudsman of Bosnia and Herzegovina (hereinafter: the BiH Ombudsman) defined the monitoring of the exercise of the rights of vulnerable categories, i.e. persons with disabilities, as one of the priority areas of action in one segment of the execution of their proactive mandate. Special attention within this category is devoted to persons with intellectual and mental disabilities who are placed in social protection institutions. The Convention on the Rights of Persons with Disabilities (CRCD) defines that persons with disabilities, including persons with long-term physical, mental, intellectual or sensory disorders, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others (Article 1).

International human rights standards, especially the Convention on the Rights of Persons with Disabilities, emphasize the need to promote and protect the human rights of all persons with disabilities, including those who need more support. In order to achieve this task, it is important to ensure the monitoring of the realization of the rights of persons with disabilities, which should be based on the principles of comprehensiveness, continuity and inclusivity, with the consultation with persons with disabilities and all entities involved in their care, including associations that work on protection and promotion of their rights. Special attention should be given to persons with intellectual and mental disabilities placed in institutions, because a significant number of these persons are often deprived of their legal capacity, and so, they do not participate in making decisions concerning their status. This is important because international human rights standards point to the importance of personal autonomy and independence of persons with disabilities, including freedom of choice.