A/HRC/36/37
54.
Equally, the Working Group is mindful that some countries have introduced and
continue to introduce stringent counter-terrorism measures, of which so-called antiradicalization measures form an important part. Such measures may include establishing
dedicated units within prisons or even separate establishments, such as anti-radicalization
centres, to hold not only those suspected or convicted of terrorist offences, but also those
considered to be “radicalized” or “at risk of radicalization”. It is sometimes presumed that
people would commit themselves voluntarily to such centres, which would seemingly
exclude such places from the scope of the places of deprivation of liberty. However, in
most cases, there may be adverse consequences for individuals who do not commit
themselves voluntarily and therefore questions surrounding what constitutes “voluntary
commitment”, the consequences for those who do not volunteer to be committed or the
options to leave, become paramount.
55.
The Working Group is aware that there are a variety of health-care and social care
settings that are increasingly used for different health-related conditions. They include but
are not limited to social care homes for older persons, care facilities for those with dementia
and private institutions for people with psychosocial disabilities. It is increasingly aware of
persons with disabilities being detained in psychiatric hospitals, nursing homes and other
institutional settings, or forced treatment in prayer camps to “cure” disability, and of
persons subject to physical and chemical restraint in the community. The Working Group
reiterates that it is contrary to the provisions of the Convention on the Rights of Persons
with Disabilities to deprive a person of his or her liberty on the basis of disability (art. 14).
It also reiterates that every State retains a positive duty of care in relation to those on its
territory and under its jurisdiction and that a State cannot absolve itself of this responsibility
in relation to those in privately run institutions.
56.
The Working Group wishes to emphasize that the deprivation of liberty is not only a
question of legal definition, but also of fact. If the person concerned is not at liberty to
leave, then all the appropriate safeguards that are in place to guard against arbitrary
detention must be respected and the right to challenge the lawfulness of detention before a
court afforded to the individual.6
IV. Amendments to the methods of work
57.
At its seventy-seventh session, the Working Group decided to present a new version
of its methods of work (A/HRC/36/38). The members agreed to update the list of relevant
international instruments and other applicable standards and to introduce a page limit of 20
pages for communications from sources and Government responses.
V. Conclusions
58.
In the reporting period, the Working Group continued to assess its procedures,
which translated into some changes to its methods of work. Some changes did not
warrant any amendment to the methods of work, representing instead improvements
to internal procedures. Through better use of its digital tools, the Working Group is
working more efficiently between its three annual sessions. The Working Group is
also working continuously to streamline the process for receiving and responding to
requests for its action, always keeping in mind the need to work as effectively and
promptly as possible and to keep all parties informed.
6
20
See A/HRC/30/37, para. 2. See also A/HRC/19/57, paras. 59 and 61.
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