JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2016
(CRPD), ratified by 170 States, prohibits any deprivation of liberty
on the basis of disability. This treaty, which has been in force since
2008, marks a paradigm shift by demanding an approach that is
based on the person with a disability being a subject of rights and
not as an “object” of medical treatment.
The Symposium shed light on the difficulty in implementing these
international standards and the way in which, depending on the
socio-political contexts in which they are operating, the NPMs
approach involuntary placement and the right, as set forth in the
CRPD, to live independently within the community.
Involuntary treatment. The participants held lengthy discussions
on involuntary treatment and the deprivation of the right to legal
capacity – a right enshrined in Article 12 of the CRPD – who often
leads to involuntary placements and treatment of persons with
disabilities. There remains a common perception that a person
with mental disabilities is “incapable” of autonomous decisionmaking, and the principle of free and informed consent to treatment
is therefore often not observed in practice. The participants
emphasised that this consent should always be sought and that only
exceptional circumstances, where the life of the person or that of
others is in danger, could justify treatment without consent. It was
pointed out that public policies cannot be based on these exceptional
circumstances and that policies must guarantee the right of persons
with mental disabilities to make autonomous decisions, in line with
the paradigm shift embodied by the CRPD.
Situations and risk factors. The common practices of seclusion and
restraints present an increased risk to the individual’s physical and
mental integrity. These measures should therefore only be used in
exceptional circumstances, be tightly controlled, never imposed
as a punishment and even completely abolished if they amount to
torture or ill-treatment. Some NPMs gave examples of non-violent
steps taken to manage crises and underlined the importance of
having enough staff duly qualified in de-escalation techniques to
prevent the use of these coercive measures.
The various daily restrictions imposed indiscriminately in many
psychiatric establishments result in other risk situations that are often
justified for safety reasons. These can seriously affect the dignity,
autonomy and right to privacy of users of psychiatric services.
6