It should be noted that failure to properly adapt the establishments to the
needs of disabled prisoners infringes the applicable international standards and
thus requires change104.
Mandela Rules
The prison regime should seek to minimize any differences between
prison life and life at liberty, and prison administrations shall make
all reasonable accommodation and adjustments to ensure that prisoners with physical, mental or other disabilities have full and effective
access to prison life on an equitable basis.105.
ECHR
If the authorities take a decision to detain a disabled person, they
should ensure to this person the conditions that meet his/her
specific needs arising from his/her disability106.
The placement of a physically disabled prisoner in a facility that is not
adapted to the needs of persons with physical disabilities, and the
failure to provide such adaptations constitutes a serious problem, according to the Convention. Consequently, the Court concluded that
there had been a violation of Article 3 of the European Convention
for the Protection of Human Rights and Fundamental Freedoms, as
regards the physical conditions of detention assessed from the point
of the applicant’s special needs107.
United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), Resolution adopted by the UN General Assembly on 17 December 2015, Rule 5; Convention on
the Rights of Persons with Disabilities, drawn up in New York on 13 December 2006. (Journal of Laws - Dz. U. of 2012, item 1169); Resolution of the Sejm of the Republic of Poland of
1 August 1997 - Charter on the Rights of Persons with Disabilities (M. P. of 1997 item 475);
publication of the UN Committee on the Rights of Persons with Disabilities, Guidelines on article 14, The right to liberty and security of persons with disabilities, Adopted during the Committee’s 14th session, September 2015.
105
United Nations Standard Minimum Rules for the Treatment of Prisoners, rule 5
106
Judgment of Farbtuhs v. Latvia of 2 December 2004, no. 4672/02; judgment of Price v. United
Kingdom of 10 July 2011, application no. 33394/96.
107
Judgment D.G. v. Poland of 12 February 2013, no. 45705/07.
104
64
PART III - situation in places of detention
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