A/HRC/20/5 to mental disability and, accordingly, it is especially important that the procedural safeguards protecting the right to informed consent are both watertight and strictly applied.43 30. Research and the contributions submitted for the present study show that a striking number of States have laws that authorize forced or involuntary treatment of persons with psychosocial disabilities when in their “best interests”. In more than half of the countries that submitted data, psychiatric treatment is imposed on persons with disabilities within legal safeguards if demonstrably “justified”, “reasonable”, “necessary” and “proportionate”. Most countries acknowledged that persons subject to involuntary treatment require procedural safeguards at the time of institutionalization; some of the submissions received contained information on the procedures to be followed in these circumstances. These legal safeguards include monitoring and oversight and the right of persons in involuntary placement to a judicial appeal against an involuntary placement or certain treatment. The submissions showed that the implementation of procedural safeguards varies between countries, and approaches lacked consistency from one country to another. 31. States are also required to recognize the autonomy of persons with disabilities,44 which is crucial in to the prevention of acts of violence. The Convention on the Rights of Persons with Disabilities recognizes this and moves away from the guardianship approach to supported decision-making. It is also essential to ensure access to recourse and remedies for acts of violence. According to article 12 of the Convention, States parties are to recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. In its general comment No. 7, the Committee on the Rights of the Child noted that children are rights-holders with evolving capacities, and reminded States of their obligation to facilitate genuine participation of young children in the processes affecting their development. Many countries have enacted laws that limit, or deprive disabled women and girls of, the right to exercise their full legal capacity. 32. Most countries reported in their submissions that the prohibition of discrimination on the grounds of sex in national legislation offered sufficient protection for women with disabilities, although there was no specific legal framework to protect women and girls with disabilities from violence. In practice, however, the protection from violence generally accorded to women and girls may not be inclusive and attentive to the specific situations of those with disabilities. For example, legislation on domestic violence often fails to recognize the range of domestic or family settings in which women with disabilities may live (such as group or nursing homes) and the variety of possible perpetrators in such contexts (for example, not including violence at the hands of caregivers). Similarly, legislation on violence against women often fails to recognize some forms of disabilityspecific violence (such as those mentioned in paragraphs 12 to 27 above). These represent limitations for the purposes of prosecution, and may further affect eligibility for such services as shelters and preventive strategies. 33. While discriminatory legal provisions persist in some States, most have general nondiscrimination clauses in their legislation covering discrimination based on both gender and disability. Furthermore, many States have expressed provisions in specific legislation, for example on employment and education, prohibiting discrimination based on disability. In many instances, however, such provisions continue not to be implemented, as women and 43 44 E/CN.4/2005/51, paras. 48-50 and 60. According to article 3 of the Convention on the Rights of Persons with Disabilities, the principles of the Convention are “respect for inherent dignity, individual autonomy, including the freedom to make one's own choices, and independence of persons”. 11