CRPD/C/11/D/8/2012
(a)
Concerning the author: the State party is under an obligation to provide
redress for the breaches of the author’s rights under the Convention by making
accommodations in his place of detention to ensure his access to prison facilities and
services on an equal basis with other prisoners. The State party should also reimburse the
author for the legal costs associated with the submission of this communication. In addition,
bearing in mind the author’s delicate health, the Committee requests the State party to
ensure that, while patients are free to consent to or refuse medical treatment, the author has
access to suitable, timely health care that is in keeping with his state of health as well as full
access to suitable rehabilitation therapy on a regular basis;
(b)
General matters: the State party is under an obligation to take steps to prevent
similar violations in future. In particular, the State is under an obligation to:
(i)
Adopt appropriate measures and provide sufficient reasonable
accommodation upon request in order to ensure that persons with disabilities who
have been deprived of their liberty can live independently and participate fully in all
aspects of life in their place of detention;
(ii)
Adopt appropriate measures and provide sufficient reasonable
accommodation upon request in order to ensure that persons with disabilities who
have been deprived of their liberty enjoy access, on an equal basis with other
persons deprived of their liberty, to the facilities of their place of detention and the
services offered there;
(iii) Adopt appropriate measures to ensure that persons with disabilities who have
been deprived of their liberty have access to medical and rehabilitation treatments so
that they may enjoy the highest attainable standard of health without discrimination;
(iv) Ensure that, as a consequence of a lack of accessibility or reasonable
accommodation, the conditions of detention in which persons with disabilities are
held do not become more onerous or cause greater physical and psychological
suffering of an extent that would constitute cruel, inhuman or degrading treatment or
that would undermine their physical and mental integrity;
(v)
Provide sufficient, regular training on the scope of the Convention and its
Optional Protocol to judges, other judicial officers and prison officials, especially
health-care personnel.
10.
In accordance with article 5 of the Optional Protocol and rule 75 of the Committee’s
rules of procedure, the State party should submit a written response to the Committee in six
months’ time that includes information on any action taken in the light of the Views and
recommendations of the Committee. The State party is also requested to publish the
Committee’s Views and to circulate them widely in accessible formats so that they are
available to all sectors of the population.
[Adopted in Arabic, Chinese, English, French and Spanish, the Spanish text being the
original version. Subsequently to be issued also in Russian as part of the Committee’s
biannual report to the General Assembly.]
GE.14-05593
17
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