JUSTICE FOR ALL 1.3.3. UN STANDARDS Several UNCRPD articles are relevant when it comes to the treatment of persons deprived of liberty with intellectual and/or psychosocial disabilities, including Arts 14, 15, 12, 17 and 25. Most relevant is Art 15 UNCRPD, which enshrines the prohibition of torture and cruel, inhuman or degrading treatment or punishment. In its concluding observations under Art 15, the UNCRPD Committee’s recommendations to EU Member States included, amongst others, the following points: • collect data on persons with disabilities in detention and conduct research on their situation and needs;93 • carry out a review with a view to formally abolish all practices regarded as acts of torture, cruel or inhuman and degrading treatment or punishment;94 • abolish the use of non-consensual practices with regard to persons with psychosocial disabilities in medical institutions, such as net beds, physical, mechanical and chemical restraints, forced medication, overmedication, electroconvulsive therapy, intensive treatment of persons with psychosocial disabilities in difficult patients units and other treatment or commitment without their free and informed consent;95 • ensure the right of persons with disabilities to make autonomous decisions based on their free and informed consent, including through supported decision making mechanisms, concerning any type of medical treatment and legally recognize involuntary treatment on the basis of disability as a violation of the right of persons with disabilities to be free from cruel, inhuman or degrading treatment. • repeal, as a matter of urgency, all laws that allow legal guardians to consent to medical experimentation on behalf of persons with disabilities.96 • abolish the use of solitary confinement, seclusion and isolation, which may amount to torture or cruel, inhuman or degrading treatment or punishment;97 • end the practice of imposing surgical castration and any other kind of forced treatment, as a form of punishment, on persons with disabilities who are deprived of their liberty;98 • provide training to medical professionals and personnel on the prevention of torture, cruel, inhuman or degrading treatment or punishment, as provided for under the Convention;99 • take immediate steps to address the poor living conditions of persons with intellectual and/or psychosocial disabilities in institutions;100 • strengthen independent monitoring and the role of the national mechanism for the prevention of torture and cruel, inhuman or degrading treatment or punishment, also ensuring the involvement of organizations of persons with disabilities in the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;101 and • set up a complaint procedure accessible to all persons with disabilities in institutions and investigate and sanction perpetrators of practices that may amount to torture or cruel, inhuman or degrading treatment or punishment against persons with disabilities, imposing sanctions proportional to the conduct. This should also ensure that persons exposed to ill-treatment are entitled to and provided with redress and adequate compensation, including rehabilitation.102 Furthermore, in concluding observations under Art 14, the UNCRPD Committee has consistently recommended that EU Member States initiate a structural review of the procedures used to sanction persons with disabilities when they commit criminal offences.103 Some of these recommendations 33

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