A/HRC/34/32 complying with accessibility requirements, they do have an immediate obligation to provide reasonable accommodation.36 28. In certain situations, the will of the person concerned might be difficult to determine. Instruments such as advance directives or powers of attorney should be promoted and clearly formulated to prevent misunderstanding or arbitrariness by those executing them. Even when such instruments are in force, persons with psychosocial disabilities must always retain their right to modify their will and service providers should continue to seek their informed consent. The Committee on the Rights of Persons with Disabilities has held that, in all cases, it should be understood that article 12 of the Convention on the Rights of Persons with Disabilities prohibits resorting to the principle of the “best interests” of the individual in relation to adults with disabilities. 37 Significant efforts must be made to determine the individual’s will and preferences, ensuring that all possible accommodations, supports and diverse methods of communication are made available and accessible. Where all means have been exhausted and the individual’s will remains undetermined, the principle of “the best interpretation of will and preferences of the individual” must be upheld and carried out in good faith. 38 B. The absolute ban on deprivation of liberty on the basis of impairments 29. Article 14 of the Convention on the Rights of Persons with Disabilities establishes an absolute ban on deprivation of liberty on the basis of impairments, which precludes nonconsensual commitment and treatment. 39 This provision reflects the non-discriminatory approach guaranteed by the Convention in connection with the right to liberty and security of person. The Committee on the Rights of Persons with Disabilities has clearly and consistently confirmed the non-discriminatory approach to the right to liberty, which establishes the unambiguous prohibition on deprivation of liberty on the basis of impairments, whether or not it is connected with other factors. 30. Persons with psychosocial disabilities continue to be subjected to forced institutionalization, as allowed by civil codes and mental health laws in many countries. Deprived of their liberty, they are commonly subjected to forced treatment, and living conditions and arrangements may also put their physical and mental integrity at risk. Children or adults detained in institutions are at increased risk of violence and abuse, including sexual exploitation and trafficking.40 The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has found that children in residential or institutional care are at greater risk of mental health trauma, violence and abuse, and that the severe emotional pain and suffering caused by segregation may rise to the level of illtreatment or torture. 41 Outside of institutions, the use of community treatment orders or mandatory outpatient treatment, even if enforced in the community, violates the right to 36 37 38 39 40 41 10 See A/HRC/34/26, para. 33. See Committee on the Rights of Persons with Disabilities, general comment No. 1, para. 21. Ibid., para. 21. See Committee on the Rights of Persons with Disabilities, guidelines on article 14 of the Convention, paras. 6 and 10. See, for example, Disability Rights International and the Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, “Abandoned and disappeared: Mexico’s segregation and abuse of children and adults with disabilities” (2010). See also Disability Rights International, “No justice: torture, trafficking and segregation in Mexico” (2015); “Left behind: the exclusion of children and adults with disabilities from reform and rights protection in the Republic of Georgia” (2013); and “International collaboration for inclusion: a study funded by the United States Department of State” (2014). Available at www.driadvocacy.org. A/HRC/28/68.