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Theresia DegenerVice Chair, Committee on the Rights of Persons with Disabilities

Side event „Intersectionality between CRPD & CAT“New York, 6th CoSP CRPD 17 – 19 July 2013

CRPD Committee on torture & illtreatment

Degener © 2013

Agenda

1. Relevant CRPD articles

2. Reporting guidelines

3. Concluding observations

4. Conclusions

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1. Relevant CRPD norms• Art. 15 Freedom from torture and cruel, inhumane

and degrading treatment or punishment

• Art. 16 Freedom from exploitation, violence and abuse

• Article 17 Protecting the integrity of the person

• Article 14 Liberty and security of the person

• Article 12 Equal recognition before the law

• Article 3 (a) respect for dignity and autonomy

• Article 25 Health

• Article 23 Respect for home and the family

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2. Reporting guidelines• Art 15: protection against medical experimentation & inclusion of pwd in

national prevention measures

• Art. 16: primary, secondary & tertiary prevention measures, & gender and child inclusiveness

• Art. 17: protection against forced medical treatment, forced sterilization & forced abortion

• Art. 14: protection against incarceration, legal prohibition of disability –based institutionalisation; reasonable accommodation for detained pwd

• Art.12: ensure enjoyment of legal capacity, laws that restrict legal capacity, supported decision making, legal safeguards

• Art. 25:protection against discrimination in health care, protection against involuntary treatment

• Art. 23: ensure right to marry and found a family, protection against forced sterilization

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3. Concluding Observations on 7 state reportsArt. 15:

• forced treatment, (prolonged) institutionalization, medical experimentation, degrading treatment in (psychiatric) institutions, forced sterilization

Art. 16:

• abuse & violence against women & children, exploitation, sheltered workshops, forced sterilization, trafficking, abduction, institutionalization

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Art. 17:

• forced (medical) treatment, forced sterilization / abortion, legal incapacitation, institutionalization, family planning

Art. 14:

• (forced) institutionalization, prison conditions, legal incapacitation, due process of law, correctional treatment of disabled prisoners

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Art. 12:

•Guardianship and other forms of substitute decision making, denial of marriage, denial of autonomy, lack of supported decisionmaking mechanisms

Art. 25:

• inaccessible health care, forced medical treatment, denial of reproductive autonomy

Art. 23:

• forced abortion, forced sterilization, denial of marriage and denial of parental guardianship

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Which groups among pwd?

• Persons with psycho-social impairments

• Children

• Women

• Deaf, deaf-blind persons

• Persons with cognitive impairments

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4. Conclusions

• Several relevant provisions, not only art. 15

• CRPD reporting guidelines on these provisions are indicators

• General Observations with regard to 7 countries:

• Involuntary and discriminatory institutionalization

• Unvoluntary medical intervention

• Involuntary sterilization & abortion

• Denial of legal capacity

• Certain high risk groups

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