2. SAFETY, SECURITY AND DIGNITY FOR ALL PUTTING IT INTO PRACTICE The preamble to the UN Convention on the Rights of Persons with Disabilities (CRPD) recognizes that “disability is an evolving concept” and that “disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”.146 95 Article 14(1)(b) of the CRPD states that “the existence of a disability shall in no case justify a deprivation of liberty”. Article 14(2) of the Convention stipulates that if persons with disabilities are deprived of their liberty, “they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention, including by provision of reasonable accommodation.”147 96 Rule 5(2) of the Mandela Rules should be read together with Rule 4(2), which requires that all programmes, services and assistance be delivered in line with the individual treatment needs of prisoners. This links closely to the initial and ongoing individual needs and risks assessments, which are dealt with in more detail in Chapter 1, paragraph 64–67 of this guidance document. 97 Reasonable accommodation and adjustments, as required in Rule 5(2), includes eliminating physical barriers for prisoners with mobility impairments, providing documents in Braille or as taped materials for prisoners with visual disabilities and access to interpreters for prisoners with sensory disabilities. Article 2 of the CRPD defines “reasonable accommodation” as the “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”.148 98 In addition to considering mental health and developmental disabilities when imposing disciplinary sanctions, “disabilities should also be taken into account in any reward or privilege system that recognises good behaviour and assessment of risk reduction for release. (…) If certain programmes or activities are only accessible to prisoners who progress in a certain way then some prisoners with mental, intellectual or learning disabilities may be excluded, which constitutes discrimination.”149 More information about restrictions, discipline and sanctions can be found in Chapter 4. 99 As Article 4(3) of the CRPD points out, authorities should closely consult with and actively involve persons with disabilities in the development and implementation of legislation and policies concerning them. To fully understand and meet the needs of persons with disabilities, prison authorities should also seek out partnerships with community organizations and experts to learn from good practice in the community. 100 Rule 109(2) of the Mandela Rules obliges prison authorities to provide specialized facilities under the supervision of qualified health-care professionals for prisoners with mental disabilities and/or health conditions. Furthermore “any assessment or treatment should only be provided where the prisoner provides his or her informed consent”.150 2 94 72 146. UN Convention on the Rights of Persons with Disabilities (CRPD), General Assembly resolution 61/106, 13 December 2006; and Guidelines on article 14 of the CRPD: The right to liberty and security of persons with disabilities, UN Committee on the Rights of Persons with Disabilities, September 2015. 147. Ibid. 148. See also: Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 19. 149. Ibid. 150. Ibid. Guidance document on the Nelson Mandela Rules