A/68/295 illnesses and people living with HIV/AIDS) (see A/HRC/13/39/Add.5, paras. 231 and 257). 68. Both the Special Rapporteur and other human rights mechanisms have expressed concern about reports of sexual abuse and physical violence against homosexual and transgender prisoners (see A/HRC/19/41, paras. 34 and 36, and CAT/C/CRI/CO/2, para. 18). The Special Rapporteur has also examined the special needs of drug users in detention and penitentiary centres and the practice of denying opiate substitution treatment as a way of eliciting confessions by inducing painful withdrawal symptoms. This is a particular form of ill-treatment and possibly torture (A/HRC/22/53, para. 73). 69. In a 2008 report that focused on the situation of persons with disabilities in detention, the Special Rapporteur noted that the lack of reasonable accommodation may increase the risk of exposure to neglect, violence, abuse and ill-treatment and that if such discriminatory treatment inflicts severe pain or suffering, it may constitute torture or other form of ill-treatment (see A/63/175, paras. 38 and 53). Reasonable accommodation in the context of prisons and detention centres should be considered a prerequisite for humane treatment. 70. The Special Rapporteur notes that while the Rules recognize and address specific needs of different categories of prisoners (such as women, juveniles, persons with disabilities and foreign nationals), it fails to require the extension of special protection measures to other disadvantaged groups of detainees or prisoners. It is essential that the Rules adopt special measures aimed at protecting the rights of other disadvantaged groups of prisoners, in accordance with well-established international standards and norms (see UNODC/CCPCJ/EG.6/2012/2, p. 21). Special care must be taken to ensure that segregating members of these groups does not further marginalize them from the rest of the community or expose them to further risk of torture or ill-treatment (see, for example, the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, principle 9 (a)). 71. With respect to prisoners who use drugs, and in the context of revising Rule 22 (1), the Rules should provide for an obligation to ensure that all harmreduction measures, including evidence-based measures for the prevention and treatment of HIV and hepatitis C, needle and syringe exchange programmes and evidence-based substance abuse treatment, are available to people who use drugs at all stages of their detention. 72. Rules 82 and 83 should be replaced with a provision that applies to all persons with disabilities. Such a provision should state explicitly that inmates with disabilities are entitled to be eligible for all programmes and services available to others, including voluntary engagement in activities and community release programmes, and to be housed in the general prison population on an equal basis with others without discrimination. It should also provide a clear articulation of certain rights enshrined in the Convention on the Rights of Persons with Disabilities: the duty to provide reasonable accommodation (arts. 5 and 14); the duty to work towards creating an accessible environment (art. 9); the duty to ensure that persons with disabilities have access to all amenities without having to rely on assistance from fellow inmates (e.g., arts. 5, 20 and 28); the duty to respect the choices of persons with disabilities and to establish effective mechanisms to support decision-making in order to enable 18/23 13-42285

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