A/63/175
informed consent. Inside these institutions, persons with disabilities are frequently
subjected to unspeakable indignities, neglect, severe forms of restraint and
seclusion, as well as physical, mental and sexual violence. 3 The lack of reasonable
accommodation in detention facilities may increase the risk of exposure to neglect,
violence, abuse, torture and ill-treatment.
39. In the private sphere, persons with disabilities are especially vulnerable to
violence and abuse, including sexual abuse, inside the home, at the hands of family
members, caregivers, health professionals and members of the community. 4
40. Persons with disabilities are exposed to medical experimentation and intrusive
and irreversible medical treatments without their consent (e.g. sterilization, abortion
and interventions aiming to correct or alleviate a disability, such as electroshock
treatment and mind-altering drugs including neuroleptics).
41. The Special Rapporteur is concerned that in many cases such practices, when
perpetrated against persons with disabilities, remain invisible or are being justified,
and are not recognized as torture or other cruel, inhuman or degrading treatment or
punishment. The recent entry into force of the Convention on the Rights of Persons
with Disabilities and its Optional Protocol provides a timely opportunity to review
the anti-torture framework in relation to persons with disabilities.
A.
Legal framework for the protection of persons with disabilities
against torture
42. The absolute prohibition of torture contained in the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, article 7 of the
International Covenant on Civil and Political Rights, and article 37 of the
Convention on the Rights of the Child, is reaffirmed in the Convention on the Rights
of Persons with Disabilities. According to article 15 of the that Convention, persons
with disabilities have the right not to be subjected to torture or to cruel, inhuman, or
degrading treatment or punishment and, in particular, to scientific or medical
experimentation. Article 15, paragraph 2, contains the obligation for States parties to
__________________
3
4
08-44075
See e.g. Mental Disability Rights International (MDRI) reports on Argentina (2007), Serbia
(2007), Turkey (2005), Peru (2004), Uruguay (2004), Kosovo (2002), Mexico (2000), the
Russian Federation (1999) and Hungary (1997), available at www.mdri.org; International
Disability Rights Monitor regional report of Asia (2005), available at: www.ideanet.org; Mental
Disability Advocacy Centre report on cage beds in Hungary, the Czech Republic, Slovakia and
Slovenia (2003) available at www.mdac.info; Amnesty International reports on Bulgaria (2002)
and Romania (2005), available at: www.amnesty.org; and Human Rights Watch, Ill-Equipped:
U.S. Prisons and Offenders with Mental Illness (2003) available at: www.hrw.org. See also,
Committee on the Rights of the Child, concluding observations on the initial report of the
Democratic Republic of the Congo (CRC/C/15/Add.153, para. 50), on the initial report of Serbia
(CRC/C/SRB/CO/1, paras. 35 and 36) and on the third periodic report of Colombia,
(CRC/C/COL/CO/3, para. 50); Human Rights Committee, concluding observations on the initial
report of Bosnia and Herzegovina (CCPR/C/BIH/CO/1, para. 19); Committee against Torture,
concluding observations on the fourth periodic report of the Russian Federation
(CAT/C/RUS/CO/4, para. 18) and on the third periodic report of Bulgaria (CAT/C/CR/32/6,
paras. 5 (e) and 6 (e)).
See State of Disabled People’s Rights in Kenya, Disability Rights Promotion International 2007,
B. Waxman Fiduccia and L. R. Wolfe, Women and Girls with Disabilities: Defining the Issues,
Centre for Women Policy Studies, 1999.
9
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