A/HRC/30/37
102. The practice of keeping girls and women in detention for the purpose of protecting
them from risks of serious violence (protective custody) should be eliminated. Alternative
measures are to ensure the protection of women and girls without jeopardizing their liberty.
Guideline 20
Specific measures for persons with disabilities
103. The involuntary committal or internment of persons on the grounds of the existence
of an impairment or perceived impairment, particularly on the basis of psychosocial or
intellectual disability or perceived psychosocial or intellectual disability, is prohibited.
States shall take all necessary legislative, administrative and judicial measures to prevent
and remedy involuntary committals or internments based on disability.
104. Where a person with a disability is deprived of his or her liberty through any
process, that person is, on an equal basis with others, entitled to guarantees in accordance
with international human rights law, necessarily including the right to liberty and security
of person, reasonable accommodation and humane treatment in accordance with the
objectives and principles of the highest standards of international law pertaining to the
rights of persons with disabilities.
105. A mechanism complete with due process of law guarantees shall be established to
review cases of placement in any situation of deprivation of liberty without specific, free
and informed consent. Such reviews are to include the possibility of appeal.
106. Measures shall be taken to ensure accessibility and the provision of reasonable
accommodation to persons with disabilities in their place of deprivation of liberty,
including the following guarantees:
(a)
Persons with a physical, mental, psychosocial, intellectual or sensory
disability deprived of their liberty are to be treated with humanity and respect, and in
a manner that takes into account their needs by the provision of reasonable
accommodation in order to facilitate their effective procedural performance;
(b)
All health and support services, including all mental health -care
services, are to be provided based on the free and informed consent of the person
concerned. The denial of legal capacity of persons with disabilities and detention in
institutions against their will, without their consent or with the consent of a
substituted decision-maker constitutes arbitrary deprivation of liberty in violation of
international law. Perceived or actual deficits in mental capacity, namely, the
decision-making skills of a person that naturally vary from one to another, may not
be used as justification for denying legal capacity, understood as the ability to hold
rights and duties (legal standing) and to exercise those right s and duties (legal
agency);
(c)
Persons with disabilities are to have access to, on an equal basis with
other persons subject to detention, the physical environment, information and
communications, and other facilities provided by the detaining authority.
Accordingly, all relevant measures are to be taken, including the identification and
removal of obstacles and barriers to access so that persons with disabilities who are
deprived of their liberty may live independently and participate fully in all aspec ts of
daily life in their place of deprivation of liberty;
(d)
Accessibility should also take into account the gender and age of
persons with disabilities, and equal access should be provided regardless of the type
of impairment, legal status, social condition, gender and age of the detainee;
(e)
Persons with disabilities shall be provided with legal or other
appropriate support, including interpretation and peer support mechanisms , so that
24
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