A/68/44
torture victims benefiting from health programmes. The Committee is further concerned at
the limited use of manuals developed to assess psychological sequelae of torture. A
rehabilitation programme should also be provided for post-conflict victims of torture (art.
14).
The State party should ensure that:
(a)
Public policies regarding full and complete redress to victims of torture
and ill-treatment are fully developed and disseminated, including the provision of
such specialized services in individual cases as may be necessary regardless of
geographical location, the socio-economic situation of victims, gender, and real or
perceived affiliation with current or former opposition groups;
(b)
Specialized services that are provided are of a sufficient quality to enable
all victims of torture to achieve as full rehabilitation as possible. These services should
take into account holistic rehabilitation methodologies such as combination of medical
and psychological care as well as legal, social, community and family-based,
vocational, educational services, and interim economic and reintegration support and
that services are available for that purpose in all parts of the country;
(c)
The recently adopted manual for evaluation of psychological effects of
torture by the Fiscalía de la Nación is implemented;
(d)
A database is set up on the number of victims of torture, both from the
period of the internal armed conflict and the post-2000 period, who have benefited
from health programmes.
The Committee draws the attention of the State party to the recently adopted general
comment No. 3 (2012) on article 14 of the Convention which explains the content and
scope of the obligations of States parties to provide full redress to victims of torture.
Persons with disabilities
(19) The Committee is concerned at reports of violent and discriminatory practices
against persons with disabilities in medical settings, including minors, deprivation of
liberty, without access to basic legal safeguards, and the use of restraint, as well as the
continuous enforced administration of treatments such as Electro Convulsive Therapy. The
Committee welcomes the suspension of the technical norm for Family Planning 536/2005MINSA, of 26 July 2005, which permits persons with “mental incompetence” to be
sterilized without their free and informed consent, but remains concerned that the decree is
not repealed (arts. 2, 12, 13, 14 and 16).
The Committee recommends that the State party adopt the draft bill on the rights of
persons with disabilities, submitted to the Congress in March 2011, and ensure that all
legal safeguards for people in institutions are respected, urges the State party to
promptly, effectively and impartially investigate all instances of ill-treatment, and to
prosecute those responsible. The State party should, as a matter of urgency, repeal the
suspended administrative decree which allows the forced sterilization of persons with
mental disabilities.
Violence against children, including corporal punishment
(20) The Committee is concerned that violence against children, including domestic and
sexual violence, is widespread and that corporal punishment of children in the home,
schools, penal institutions and care settings is not explicitly prohibited (arts. 2 and 16).
The Committee recommends that the Code on Children and Adolescents and the
Penal Execution Code be amended to explicitly prohibit violence against children, and
46
GE.13-46043
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