Conclusion
Almost anywhere in the world, persons with mental disabilities can
be placed in an institution, whether voluntarily or not, based on
criteria that include “mental disorder”, the “risk” that the persons
present to themselves or to others and a “therapeutic need”. In
these institutions, they run the risk of being subjected to different
forms of ill-treatment that, in some cases, can amount to torture.
Despite some progress, both on a normative and practical level,
thousands of persons with disabilities are still institutionalised for
longer or shorter periods depending on the contexts, at the expense
of alternatives that would favour their (re-)integration in society by
providing care services in the community.
The Symposium allowed representatives of monitoring bodies and
other international experts to examine crucial issues related to
the deprivation of liberty, as well as the treatment and conditions
that persons with mental disabilities are subjected to during their
institutionalisation. The participants underlined the need to move
away from a primarily medical approach to disability, in line with the
spirit of the UN Convention on the Rights of Persons with Disabilities.
This means acknowledging that persons with mental disabilities are
subjects of rights who must be supported, if needed, to exercise
their rights effectively, including the right to live independently in
the community.
Reference was also made to the fact that public policies on
involuntary treatment must be based not on exceptional emergency
situations, which may require overriding the individual’s consent in
the event of an imminent risk to their life or that of others, but rather
on the overwhelming majority of non-urgent situations, where
seeking consent must always prevail.
To implement the paradigm shift embodied by the Convention,
the UN Special Rapporteur on the Right to Health underlined
the importance of developing a network of psychiatrists who are
prepared to debate current practices and challenge them if these
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