COVID-19 AND HUMAN RIGHTS IN CLOSED INSTITUTIONS The CRPD recognises the inherent dignity and autonomy of persons living with disabilities. The Convention explicitly refers to equal health care for all and mandates state parties to ‘provide those health services needed by persons with disabilities specifically because of their disabilities’. This also applies to detention facilities or other closed institutions. This is even more relevant during the COVID-19 pandemic as persons concerned depend on the state to guarantee also adequate measures to protect their physical health. While quarantine in the context of the pandemic might have been necessary, international standards concretely regulate the limits. Moreover, deprivation of liberty for preventive measures must have a therapeutic function that foresees an appropriate and individualized therapy or treatment.41 PROMISING PR AC TICE The COVID-19 pandemic poses an enormous threat to the physical and mental health of persons with psychosocial and intellectual disabilities deprived of liberty. On the one hand, considering the overcrowding of detention facilities, including institutions for preventive measures, persons concerned cannot keep distance and reduce contacts. Besides, they depend entirely on the state to provide them with sufficient masks, hand sanitiser, clean water, soap or tests. On the other hand, the restrictive measures to protect their physical health, like the halt of therapies and leisure time activities, can have severe negative consequences for their mental health. In Italy, the capacity of REMs is limited to 20 persons per institution. The small dimension of these facilities and their management by the healthcare system made it possible to react to the pandemic in a way that minimized the restrictions imposed on the patients and, more importantly, guaranteed the continuity of therapeutic treatments. Moreover, there are 30 REMs in Italy, which enables that persons are close to their relatives. An aspect that facilitates visits in times of pandemic. However, more facilities would be necessary to accommodate all persons fulfilling the requirements. Like most of the COVID-19 related regulations, the provision of protective measures such as facemasks, disinfectant and tests did not only vary between institutions in Austria, Germany and Italy but also over time. Initially, in several institutions, neither staff nor detainees were obliged to wear face masks; some did not even have a supply of masks. Later, persons concerned had to wear them outside of their rooms and when they were 11

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