CAT/C/POL/CO/7
(c)
Encourage victims to report cases of violence to the authorities; and
ensure that all allegations of violence against women, including domestic and sexual
violence, are registered by the police and are promptly, impartially and effectively
investigated;
(d)
Ensure that all victims of gender-based and domestic violence benefit
from protection, including restraining orders, and have access to medical, social and
legal services, including counselling, redress and rehabilitation, to safe and adequately
funded government-run shelters throughout the country and to assistance in finding
other accommodation;
(e)
Consider decriminalizing abortion and issue guidelines on how to
proceed with legal abortion, being mindful of the possible severe physical and mental
consequences of denial, including after conscience-based refusals by doctors to
perform abortions, and without requirements not specified in law; ensure that
medical boards issue a decision within 10 days; ensure the provision of post-abortion
health care for women, irrespective of whether they have undergone an illegal or legal
abortion; and ensure that neither patients nor their doctors face criminal sanctions or
other threats for seeking or providing such care.
Situation of vulnerable persons and hate crime
35.
The Committee is concerned:
(a)
That persons with intellectual and psychosocial disabilities have been placed
in psychiatric hospitals and other public care institutions and have been detained there for
prolonged periods, including periods of up to 42 and 49 years, or for more than 10 years for
relatively small misdemeanours for which the prison sentence would have been much
shorter for the same offence; and that such persons are often arbitrarily deprived of legal
capacity and have often been placed and received treatment in the above-mentioned
institutions without their consent, in the absence of appropriate safeguards;
(b)
That women and girls with intellectual disabilities have been subjected to
forced and coerced sterilizations, performed without their free and informed consent, both
by institutions and at the request of their relatives;
(c)
That persons with psychosocial disabilities who have completed a prison
sentence may be placed in the National Centre for the Prevention of Antisocial Behaviour
following an application from the director of the penitentiary facility concerned, and could
thus undergo a period of detention that could constitute double punishment for the same act
and that could be continued indefinitely;
(d)
About incidents of physical assault and hate speech against migrants from
Africa, Asia and Arab countries and against Roma and Ukrainians, while acknowledging
the State party’s statement that all hate crimes are of “particular interest” to the Office of
the Prosecutor General and the police; and that cases of hate crime are substantially
underreported due to a lack of confidence in the police, according to a recent survey report
on the nature and scale of unreported hate crime produced by the Office for Democratic
Institutions and Human Rights of the Organization for Security and Cooperation in Europe
and the Office of the Commissioner for Human Rights; and that violent incidents against
lesbian, gay, bisexual, transgender and intersex persons continue to be reported but are not
adequately investigated and prosecuted;
(e)
About the existing flaws in rules concerning mechanical restraints and
seclusion that do not apply to chemical restraints; and that these rules do not allow for
continuous, direct and personal supervision of an immobilized patient by a nearby member
of health-care staff.
36.
The State party should:
(a)
Ensure that persons with intellectual and psychosocial disabilities are
not deprived of their legal capacity unless this is done on a legal basis, with a careful
independent mental evaluation procedure, access to assisted decision-making and the
possibility of judicial review, and that such persons are not placed in and do not
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