CRPD/C/GC/1
Articles 15, 16 and 17: Respect for personal integrity and freedom from
torture, violence, exploitation and abuse
42.
As has been stated by the Committee in several concluding observations, forced
treatment by psychiatric and other health and medical professionals is a violation of the
right to equal recognition before the law and an infringement of the rights to personal
integrity (art. 17); freedom from torture (art. 15); and freedom from violence, exploitation
and abuse (art. 16). This practice denies the legal capacity of a person to choose medical
treatment and is therefore a violation of article 12 of the Convention. States parties must,
instead, respect the legal capacity of persons with disabilities to make decisions at all times,
including in crisis situations; must ensure that accurate and accessible information is
provided about service options and that non-medical approaches are made available; and
must provide access to independent support. States parties have an obligation to provide
access to support for decisions regarding psychiatric and other medical treatment. Forced
treatment is a particular problem for persons with psychosocial, intellectual and other
cognitive disabilities. States parties must abolish policies and legislative provisions that
allow or perpetrate forced treatment, as it is an ongoing violation found in mental health
laws across the globe, despite empirical evidence indicating its lack of effectiveness and the
views of people using mental health systems who have experienced deep pain and trauma
as a result of forced treatment. The Committee recommends that States parties ensure that
decisions relating to a person’s physical or mental integrity can only be taken with the free
and informed consent of the person concerned.
Article 18: Nationality
43.
Persons with disabilities have the right to a name and registration of their birth as
part of the right to recognition everywhere as a person before the law (art. 18, para. 2).
States parties must take the necessary measures to ensure that children with disabilities are
registered at birth. This right is provided for in the Convention on the Rights of the Child
(art. 7); however, children with disabilities are disproportionately likely not to be registered
as compared with other children. This not only denies them citizenship, but often also
denies them access to health care and education, and can even lead to their death. Since
there is no official record of their existence, their death may occur with relative impunity.
Article 19: Living independently and being included in the community
44.
To fully realize the rights provided for in article 12, it is imperative that persons with
disabilities have opportunities to develop and express their will and preferences, in order to
exercise their legal capacity on an equal basis with others. This means that persons with
disabilities must have the opportunity to live independently in the community and to make
choices and to have control over their everyday lives, on an equal basis with others, as
provided for in article 19.
45.
Interpreting article 12, paragraph 3, in the light of the right to live in the community
(art. 19) means that support in the exercise of legal capacity should be provided through a
community-based approach. States parties must recognize that communities are assets and
partners in the process of learning what types of support are needed in the exercise of legal
capacity, including raising awareness about different support options. States parties must
recognize the social networks and naturally occurring community support (including
friends, family and schools) of persons with disabilities as key to supported decisionmaking. This is consistent with the Convention’s emphasis on the full inclusion and
participation of persons with disabilities in the community.
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