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the Association for the Prevention of Torture (APT) and the
International Detention Coalition (IDC), 2014
• Good Practice Manual for Working with Foreign Nationals,
EUROPRIS, June 2018
2.2.4. Prisoners with disabilities
According to the World Health Organization (WHO), ‘disabilities’ is an
umbrella term covering impairments (a problem in body function or
structure), activity limitations (a difficulty encountered by an individual
in executing a task or action), and participation restrictions (a problem
experienced by an individual in involvement in life situations). Disability
is not just a health problem. It is a complex phenomenon, reflecting
the interaction between features of a person’s body and features of the
society in which they live.69
Part of the reasons why prisoners with disabilities are vulnerable in
detention are the same as those grounding their vulnerability in the
community. Persons with physical disabilities may have serious problems
with reasonable accommodation of the physical environment and with their
access to the necessary tools.70 Persons with disabilities face stigma, lack
of appropriate medical treatment and rehabilitation, and are sometimes
subjected to violence and harassment. These factors are almost always
exacerbated in detention. The physical environment of prisons is usually
not suitable for persons with physical disabilities. Access to tools is usually
more difficult in the prison, and the treatment of persons with mental
disabilities is - as a rule - much harsher in detention. Overall, the prison
environment usually exacerbates poor health conditions and disabilities.
The UN Convention on the Rights of Persons with Disabilities (CRPD) applies
in full to prisoners. It guarantees the fundamental rights of persons
with disabilities on a non-discriminatory basis. This requires positive
state action in every sphere of social life where persons with disabilities
may be disadvantaged. This includes reasonable accommodation of
69. WHO, Disabilities, available at: https://www.afro.who.int/health-topics/disabilities, accessed 3
October 2020.
70. Cf. also European Parliament, Prison systems and conditions, para 23.
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