CAT/C/AUT/CO/6
41.
All incidents in which measures are taken to physically or chemically restrain a
person institutionalized in a psychiatric or social welfare establishment should be
carefully recorded in special registers and subject to independent monitoring. The
Committee recommends that means of restraint should be used only as a last resort to
prevent the risk of harm to the individual or others and only when all other
reasonable options would fail to satisfactorily contain that risk.
Trafficking in human beings
42.
The Committee values the efforts made by the State party to combat human
trafficking. It notes, however, that there has been a sharp increase in the number of cases
reported in recent years. The Committee also takes note of the explanation provided by the
delegation concerning the possibility of prosecuting foreign perpetrators found to be
exploiting victims of trafficking on the State party’s territory. The Committee regrets that it
did not received enough information on the protection offered to victims of trafficking
independently from their cooperation in the proceedings against the alleged perpetrators
(arts. 2 and 16).
43.
The State party should ensure that cases of human trafficking are thoroughly
investigated, perpetrators are prosecuted and, if convicted, punished with appropriate
sanctions, and the victims adequately compensated. It should also ensure that victims
have access to effective protection, irrespective of their ability to cooperate in the legal
proceedings against traffickers.
Intersex persons
44.
The Committee appreciates the assurances provided by the delegation that surgical
interventions on intersex children are carried out only when necessary, following medical
and psychological opinions. It remains concerned, however, about reports of cases of
unnecessary surgery and other medical treatment with lifelong consequences to which
intersex children have been subjected without their informed consent. The Committee is
further concerned at the lack of legal provisions providing redress and rehabilitation in such
cases (arts. 14 and 16).
45.
The State party should:
(a)
Take the legislative, administrative and other measures necessary to
guarantee the respect for the physical integrity and autonomy of intersex persons and
to ensure that no one is subjected during infancy or childhood to non-urgent medical
or surgical procedures intended to decide the sex of the child;
(b)
Guarantee impartial counselling services for all intersex children and
their parents, so as to inform them of the consequences of unnecessary and non-urgent
surgery and other medical treatment to decide on the sex of the child and the
possibility of postponing any decision on such treatment or surgery until the persons
concerned can decide by themselves;
(c)
Guarantee that full, free and informed consent is ensured in connection
with medical and surgical treatments for intersex persons and that non-urgent,
irreversible medical interventions are postponed until a child is sufficiently mature to
participate in decision-making and give effective consent;
(d)
Undertake investigation of instances of surgical interventions or other
medical procedures performed on intersex persons without effective consent and
ensure that the persons concerned are adequately compensated.
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