A/HRC/22/53
(d)
Ensure that all harm-reduction measures and drug-dependence treatment
services, particularly opioid substitution therapy, are available to people who use drugs,
in particular those among incarcerated populations (A/65/255, para. 76).
3.
Lesbian, gay, bisexual, transgender and intersex persons
88.
The Special Rapporteur calls upon all States to repeal any law allowing
intrusive and irreversible treatments, including forced genital-normalizing surgery,
involuntary sterilization, unethical experimentation, medical display, “reparative
therapies” or “conversion therapies”, when enforced or administered without the free
and informed consent of the person concerned. He also calls upon them to outlaw
forced or coerced sterilization in all circumstances and provide special protection to
individuals belonging to marginalized groups.
4.
Persons with psychosocial disabilities
89.
The Special Rapporteur calls upon all States to:
(a)
Review the anti-torture framework in relation to persons with
disabilities in line with the Convention on the Rights of Persons with Disabilities as
authoritative guidance regarding their rights in the context of health-care;
(b)
Impose an absolute ban on all forced and non-consensual medical
interventions against persons with disabilities, including the non-consensual
administration of psychosurgery, electroshock and mind-altering drugs such as
neuroleptics, the use of restraint and solitary confinement, for both long- and shortterm application. The obligation to end forced psychiatric interventions based solely
on grounds of disability is of immediate application and scarce financial resources
cannot justify postponement of its implementation;127
(c)
Replace forced treatment and commitment by services in the
community. Such services must meet needs expressed by persons with disabilities and
respect the autonomy, choices, dignity and privacy of the person concerned, with an
emphasis on alternatives to the medical model of mental health, including peer
support, awareness-raising and training of mental health-care and law enforcement
personnel and others;
(d)
Revise the legal provisions that allow detention on mental health grounds
or in mental health facilities, and any coercive interventions or treatments in the
mental health setting without the free and informed consent by the person concerned.
Legislation authorizing the institutionalization of persons with disabilities on the
grounds of their disability without their free and informed consent must be abolished.
5.
Reproductive rights
90.
The Special Rapporteur calls upon all States to ensure that women have access
to emergency medical care, including post-abortion care, without fear of criminal
penalties or reprisals. States whose domestic law authorizes abortions under various
circumstances should ensure that services are effectively available without adverse
consequences to the woman or the health professional.
127
Convention on the Rights of Persons with Disabilities, art. 4, para. 2.
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