A/HRC/25/60/Add.2
responsables bajo la Convención contra la Tortura por consentir o evitar prevenir dichos
actos. El Relator Especial reitera su llamamiento al Gobierno a asegurar la investigación,
procesamiento y eventual condena de personas culpables de violencia hacia las mujeres, y a
legislar en la materia de conformidad con los estándares internacionales mencionados.
Netherlands
(a)
JAL 08/10/2013 Case No. NLD 2/2013 State Reply: 05/12/2013 Alleged forced
psychiatric interventions, including seclusion for various periods of time and forced
medication without informed consent.
114. The Special Rapporteur thanks the Government of the Netherlands for its response
dated 13 May 2013 to the Joint Allegation Letter concerning alleged forced psychiatric
interventions of Ms. Johanna Christina Santegoeds, including seclusion for various periods
of time, forced medication without informed consent, and frequent forced body cavity
searches during the period of October 1994 and May 1997. The Special Rapporteur had
expressed concern that such forced intervention constituted a violation of Ms. Santegoeds’
right to the enjoyment of the highest attainable standard of physical and mental health as
embodied in article 12 of the International Covenant on Economic, Social and Cultural
Rights (ratified by the Netherlands on 11 December 1978). The Special Rapporteur
acknowledges the response of the Government that allegations “in general terms” were
investigated and found without merit. However, it is regretful that no information from the
investigations regarding allegations of physical injury resulting from forced medication and
cavity searches was provided by the Government. If such facts are substantiated, the
Special Rapporteur reminds the Government of its obligation to provide full redress,
including fair and adequate compensation, and as full rehabilitation as possible to all
victims of torture or other ill-treatment. Additionally, the Special Rapporteur expressed
concern over the alleged use of solitary confinement and other measures which isolated
those with mental disabilities further from the community. The Special Rapporteur echoed
concerns expressed in his 2013 report to the Human Rights Council that prolonged
seclusion and restraint may constitute torture or ill-treatment (A/63/175, paras. 55-56),
excepted in the limited circumstances of risk of immediate harm to self or others. In this
regard, the Special Rapporteur is encouraged by the response of the Government, detailing
efforts in the Compulsory Mental Health Care Act and through programs such as Assertive
Community Treatment, which encourage community access as a component of treatment
and aim to eliminate the use of solitary confinement. The Special Rapporteur encourages
the Government to continue in its engagement with the mandate.
New Zealand
(a)
JAL 21/10/2013 Case No. NZL 1/2013 State Reply: 20/12/2013 Allegations concerning
the medical treatment that Mr. X has received from the Mental Health Services.
115. The Special Rapporteur acknowledges the reply transmitted by the Government of
New Zealand on 2 December 2013; however, he notes that the Government has yet to
provide substantive information pertaining to the issues raised.
The referenced
communication concerned information received alleging that, over the course of his
continued medical treatment of 14 years, Mr. X was allegedly diagnosed with psychosis,
schizophrenia and bipolar disorder. He was put on various neuroleptic medications in an
ad-hoc manner, which allegedly affected his health and quality of life. For the past 10
years, he allegedly endured compulsory treatment that was not backed by evidence and
provided for under the 1992 Mental Health Act. Furthermore, despite requests by Mr. X
and his family, mental health services allegedly refused to supervise a phased
84
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents