JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2016
persons with disabilities are subjects of rights.4 These two terms are
often used interchangeably, but the UN Committee on the Rights
of Persons with Disabilities (the CRPD Committee) favours the term
“psychosocial” to reflect the concept that disability is a consequence
of the interaction between a person’s “impairment” and the social
environment she/he lives in.
Finally, to conclude this introduction, we would like to emphasise
that an intersectional approach should be applied when dealing
with situations of vulnerability of persons with disabilities deprived
of liberty. Indeed, certain groups or persons with disabilities (for
example, women, LGBTI persons, children, the elderly, ethnic
minorities or indigenous peoples), once institutionalised, are
exposed to an increased risk of discrimination and ill-treatment
as a result of, for example, their gender, sexual orientation, age or
membership of a minority or indigenous people. Monitoring bodies
are therefore asked to pay particular attention to these cases of
multiple vulnerability in the context of deprivation of liberty.
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Article 1 of the CRPD defines persons with disabilities as “those who have longterm physical, mental, intellectual or sensory impairments which in interaction
with various barriers may hinder their full and effective participation in society on
an equal basis with others”. This definition distinguishes between two concepts:
“impairment” (which is a personal characteristic) and “disability” (understood to be
the effect of interaction between personal impairment and the social and material
environment).
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