A/HRC/40/59/Add.2 (f) Systematically monitor the implementation of disciplinary measures in juvenile institutions and impose appropriate disciplinary or criminal sanctions against staff who, whether through acts or omissions, violate the physical and psychological integrity of children and adolescents held in these institutions; (g) Ensure that any persons alleged to be responsible for violence do not have contact with children or adolescents until the facts have been clarified and any concerns eliminated. 88. Regarding psychiatric and mental health institutions, the Special Rapporteur recommends that the relevant authorities: (a) Systematically monitor the living conditions and treatment of patients in psychiatric hospitals and similar institutions, and take all necessary measures to ensure full compliance with the Convention on the Rights of Persons with Disabilities; (b) Ensure the implementation throughout the country of the National Mental Health Act (Act No. 26657), aiming at progressively replacing public and private institutions offering only hospitalization by the year 2020, and establish, without delay, the alternative community-based structures that will be necessary to accomplish the largest possible deinstitutionalization of such patients; (c) Strengthen the work, independence and autonomy of the National Mental Health Act Review Body, and establish review bodies with similar functions in each province; (d) Ensure that decisions concerning legal capacity, involuntary hospitalization and involuntary treatment are subject to regular judicial review and that in the case of persons deprived of their legal capacity, formal consent given by a legal representative does not render a measure “voluntary” in the absence of the free and informed consent of the affected person; (e) Provide accessible information to institutionalized individuals on their status and rights and, whenever possible, ensure the application of alternatives to institutionalization and to medication. 89. Regarding other persons in vulnerable situations, the Special Rapporteur recommends that the relevant authorities: (a) In line with the Bangkok Rules and to the maximum extent possible, apply alternatives to the deprivation of liberty, such as house arrest accompanied by adequate social and economic measures for female suspects or offenders who are pregnant or have care responsibilities for dependent minors; (b) Take the necessary budgetary and other measures to improve conditions of detention for female inmates who are pregnant or detained with their children, in particular with regard to food, health, hygiene, recreation and family life, and ensure the availability of paediatric, gynaecological and obstetric services around the clock; (c) Ensure that persons in need of special attention based on their sexual orientation or gender identity are duly protected against all forms of violence, abuse and humiliation and have access to adequate legal counsel and medical care that respond to the specificities of their situation; (d) Develop protocols ensuring that indigenous people deprived of their liberty can observe their religious and spiritual practices and exercise their right to freedom of expression on the same terms as other inmates. 19

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