A/HRC/40/59/Add.2
(f)
Systematically monitor the implementation of disciplinary measures in
juvenile institutions and impose appropriate disciplinary or criminal sanctions against
staff who, whether through acts or omissions, violate the physical and psychological
integrity of children and adolescents held in these institutions;
(g)
Ensure that any persons alleged to be responsible for violence do not have
contact with children or adolescents until the facts have been clarified and any concerns
eliminated.
88.
Regarding psychiatric and mental health institutions, the Special Rapporteur
recommends that the relevant authorities:
(a)
Systematically monitor the living conditions and treatment of patients in
psychiatric hospitals and similar institutions, and take all necessary measures to ensure
full compliance with the Convention on the Rights of Persons with Disabilities;
(b)
Ensure the implementation throughout the country of the National
Mental Health Act (Act No. 26657), aiming at progressively replacing public and
private institutions offering only hospitalization by the year 2020, and establish, without
delay, the alternative community-based structures that will be necessary to accomplish
the largest possible deinstitutionalization of such patients;
(c)
Strengthen the work, independence and autonomy of the National Mental
Health Act Review Body, and establish review bodies with similar functions in each
province;
(d)
Ensure that decisions concerning legal capacity, involuntary
hospitalization and involuntary treatment are subject to regular judicial review and
that in the case of persons deprived of their legal capacity, formal consent given by a
legal representative does not render a measure “voluntary” in the absence of the free
and informed consent of the affected person;
(e)
Provide accessible information to institutionalized individuals on their
status and rights and, whenever possible, ensure the application of alternatives to
institutionalization and to medication.
89.
Regarding other persons in vulnerable situations, the Special Rapporteur
recommends that the relevant authorities:
(a)
In line with the Bangkok Rules and to the maximum extent possible, apply
alternatives to the deprivation of liberty, such as house arrest accompanied by adequate
social and economic measures for female suspects or offenders who are pregnant or
have care responsibilities for dependent minors;
(b)
Take the necessary budgetary and other measures to improve conditions
of detention for female inmates who are pregnant or detained with their children, in
particular with regard to food, health, hygiene, recreation and family life, and ensure
the availability of paediatric, gynaecological and obstetric services around the clock;
(c)
Ensure that persons in need of special attention based on their sexual
orientation or gender identity are duly protected against all forms of violence, abuse
and humiliation and have access to adequate legal counsel and medical care that
respond to the specificities of their situation;
(d)
Develop protocols ensuring that indigenous people deprived of their
liberty can observe their religious and spiritual practices and exercise their right to
freedom of expression on the same terms as other inmates.
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