A/63/175
C.
Conclusions and recommendations
70. The Special Rapporteur hails the entry into force of the Convention on the
Rights of Persons with Disabilities, which reaffirms the absolute prohibition of
torture and cruel, inhuman or degrading treatment or punishment, and which offers
authoritative guidance in the interpretation of the rights and fundamental freedoms
of persons with disabilities. Against continued reports of indignities, neglect,
violence and abuse perpetrated against persons with disabilities, the recognition of
these practices for what they are, i.e. torture and ill-treatment, and the utilization of
the international anti-torture framework, will afford avenues for legal protection and
redress.
71. The Special Rapporteur calls upon States to ratify the Convention on the
Rights of Persons with Disabilities and ensure its full implementation, with
particular attention to the non-discrimination provision, article 2.
72. States parties to the Convention should ensure that it is published and
widely disseminated and should develop awareness-raising for the public at
large and training for all relevant professional groups (e.g. judges, lawyers, law
enforcement officials, civil servants, local Government officials, personnel
working in institutions and health personnel). Public officials and private
actors alike have a role to play in protecting and preventing torture and illtreatment of persons with disabilities.
73. In keeping with the Convention, States must adopt legislation that
recognizes the legal capacity of persons with disabilities and must ensure that,
where required, they are provided with the support needed to make informed
decisions.
74. States should issue clear and unambiguous guidelines in line with the
Convention on what is meant by “free and informed consent”, and make
available accessible complaints procedures.
75. Independent human rights monitors (e.g. national human rights
institutions, national anti-torture preventive mechanisms, civil society) should
regularly monitor institutions where persons with disabilities may reside, such
as prisons, social care centres, orphanages and mental health institutions.
76. The Special Rapporteur calls on relevant United Nations and regional
human rights mechanisms, including those addressing individual complaints
and conducting monitoring of places of detention, to take full account of the
new standards contained in the Convention and integrate them in their work.
IV. Solitary confinement
77. In the exercise of his mandate, particularly in the course of visits to places of
detention as well as by responding to allegations brought to his attention, the
Special Rapporteur has expressed concern at the use of solitary confinement (i.e.
physical isolation in a cell for 22 to 24 hours per day, and in some jurisdictions
being allowed outside for up to one hour). In the opinion of the Special Rapporteur
the prolonged isolation of detainees may amount to cruel, inhuman or degrading
treatment or punishment and, in certain instances, may amount to torture.
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