A/HRC/20/5
violence, in particular sexual violence, can result in significant, long-standing physical and
mental health consequences, including permanent injuries, for survivors.37 According to a
study published in the Journal of the American Medical Association, among a nationally
representative sample of Australian women, gender-based violence was significantly
associated with mental health disorder and intellectual disability.38 Harmful practices, such
as female genital mutilation and cutting, may also result in a wide range of physical and
psychological impairments.
IV. Measures to address violence against women and girls with
disabilities
A.
Legislation to address violence against women and girls with
disabilities, and risk factors
28.
States have clear obligations under international human rights law to enact
legislation prohibiting all acts of violence 39 against women and girls with disabilities,
including those to which they are more vulnerable, such as forced sterilization, forced
institutionalisation and forced abortion. This is important not only to ensure legal protection
but also to promote a culture where no form of violence against women and girls with
disabilities is tolerated.
29.
The Committee on the Rights of Persons with Disabilities has expressed concern
about involuntary treatment and involuntary confinement and has recommended States to
incorporate into the law the abolition of surgery and treatment without the full and
informed consent of the patient, and to ensure that national law respects women’s rights
under articles 23 and 25 of the Convention on the Rights of Persons with Disabilities. 40
Other international human rights standards also prohibit forced and coerced treatment of
people suffering from intellectual disabilities, regardless of arguments of their “best
interests��. The Human Rights Committee has affirmed that special protection is necessary
in the case of persons not capable of giving valid consent, and that such persons should not
be subjected to any medical or scientific experimentation that may be detrimental to their
health.41 Compulsory or forced treatment of persons with disabilities, including women,
may amount to ill-treatment and torture.42 The Special Rapporteur on the right of everyone
to the enjoyment of the highest attainable standard of physical and mental health has also
stressed that consent to treatment is one of the most important human rights issues relating
37
38
39
40
41
42
10
See Persephone , “Violence against women with a disability”, Antwerp, January 2002, updated in
May 2008; and Amnesty International, Democratic Republic of Congo: Mass rape - time for
remedies, 25 October 2004. Available fromhttp://www.amnesty.org/en/library/info/AFR62/018/2004.
“Lifetime Prevalence of Gender-Based Violence in Women and the Relationship with Mental
Disorders and Psychosocial Function”, 2011, pp. 513-521.
International law and human rights jurisprudence sets out States responsibilities to exercise due
diligence in taking steps to end violence against women. See E/CN.4/2006/61.
CRPD/C/TUN/CO/1,, paras. 28-29.
General comment No. 20 (1992) on prohibition of torture and cruel treatment or punishment, para. 7.
In 2008, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment articulated in his interim report (A/63/175) that prolonged segregation of people with
disabilities from society in institutions, including prisons, social care centres, orphanages and mental
health institutions could amount to torture. He also noted that the vulnerability of persons with
disabilities means their access to judicial remedies is severely restricted, and that involuntary
treatment and involuntary confinement run counter to the provisions of the Convention on the Rights
of Persons with Disabilities.
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