1 theresia degener vice chair, committee on the rights of persons with disabilities side event...
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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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