A/HRC/22/53
camps, secular and religious-based therapeutic boarding schools, boot camps, private
residential treatment centres or traditional healing centres.74
58.
In 2008 the mandate made significant strides in the development of norms for the
abolition of forced psychiatric interventions on the basis of disability alone as a form of
torture and ill-treatment (see A/63/175). The Convention on the Rights of Persons with
Disabilities also provides authoritative guidance on the rights of persons with disabilities
and prohibits involuntary treatment and involuntary confinement on the grounds of
disability, superseding earlier standards such as the 1991 Principles for the Protection of
Persons with Mental Illness and for the Improvement of Mental Health Care (1991
Principles).
59.
Severe abuses, such as neglect, mental and physical abuse and sexual violence,
continue to be committed against people with psychosocial disabilities and people with
intellectual disabilities in health-care settings.75
60.
There are several areas in which the Special Rapporteur would like to suggest steps
beyond what has already been proposed by the mandate in its efforts to promote the
Convention on the Rights of Persons with Disabilities as the new normative paradigm and
call for measures to combat impunity.
1.
A new normative paradigm
61.
Numerous calls by the mandate to review the anti-torture framework in relation to
persons with disabilities76 remain to be addressed. It is therefore necessary to reaffirm that
the Convention on the Rights of Persons with Disabilities offers the most comprehensive
set of standards on the rights of persons with disabilities, inter alia, in the context of health
care, where choices by people with disabilities are often overridden based on their supposed
“best interests”, and where serious violations and discrimination against persons with
disabilities may be masked as “good intentions” of health professionals (A/63/175, para.
49).
62.
It is necessary to highlight additional measures needed to prevent torture and illtreatment against people with disabilities, by synthesizing standards and coordinating
actions in line with the Convention on the Rights of Persons with Disabilities.77
2.
Absolute ban on restraints and seclusion
63.
The mandate has previously declared that there can be no therapeutic justification
for the use of solitary confinement and prolonged restraint of persons with disabilities in
psychiatric institutions; both prolonged seclusion and restraint may constitute torture and
ill-treatment (A/63/175, paras. 55-56). The Special Rapporteur has addressed the issue of
solitary confinement and stated that its imposition, of any duration, on persons with mental
disabilities is cruel, inhuman or degrading treatment (A/66/268, paras. 67-68, 78).
Moreover, any restraint on people with mental disabilities for even a short period of time
74
75
76
77
14
See HRW, “Like a Death Sentence”: Abuses against Persons with Mental Disabilities in Ghana
(2012).
In November 2012, the Inter-American Commission on Human Rights approved precautionary
measures to protect 300 individuals in Guatemala City‟s psychiatric facility, where unspeakable
forms of abuses were documented.
See A/58/120; A/63/175, para. 41.
See for example Organization of American States, Committee for the Elimination of all Forms of
Discrimination against Persons with Disabilities, resolution CEDDIS/RES.1 (I-E/11) (2011), annex.
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