A/HRC/40/54 is deeply connected with diversion from criminal justice systems into forensic services. Deprivation of liberty may also result in restrictions to legal capacity. For example, in certain jurisdictions, being placed in an institution leads automatically to formal deprivation of legal capacity through legal incapacitation, and the institution itself becomes the person’s guardian. Likewise, involuntary hospitalization in most cases entails forced medical interventions. Furthermore, persons deprived of their legal capacity have limited opportunities for challenging their placement or involuntary admission, as their capacity to seek legal representation and participate in legal proceedings are often denied. 54. Persons with disabilities deprived of their liberty must enjoy all the procedural and substantive guarantees established in national and international law on an equal basis with others, including the right to be informed promptly of the reasons for arrest, the right to judicial control of the lawfulness of detention, and the right to immediate release and compensation for unlawful or arbitrary arrest or detention. 43 Article 14 (2) of the Convention clarifies that all these procedural and substantive guarantees apply when persons with disabilities are deprived of their liberty “through any process”, that is, under any type of criminal, civil or administrative arrest or detention, including mental healthrelated deprivation of liberty. 55. Access to justice is essential in protecting the right to personal liberty. States have an obligation to ensure effective access to justice for persons with disabilities deprived of their liberty, on an equal basis with others, in order to facilitate their participation in all legal proceedings to review the lawfulness of their detention, and to obtain redress and reparation. This obligation includes ensuring the accessibility of police stations and courts, effective access to information and communication, and the provision of procedural accommodations. 56. The notion of support embedded in the Convention can play a role in deterring the application of disability-specific detention regimes and other coercive measures (see A/HRC/34/58). For example, whereas the current default response during crisis situations in most jurisdictions is to override the legal capacity of the person and to authorize their involuntary commitment, the support paradigm of the Convention calls for non-coercive support responses within or outside the health sector. However, it must be underscored that the obligation to end deprivation of liberty on the basis of impairment is independent of the provision of support. States must fulfil their obligation to provide support alongside their obligation to eliminate disability-based deprivation of liberty. The lack of support in the community can never justify deprivation of liberty. C. Impact of the Convention on international and regional standards 57. The paradigm shift of the Convention towards an absolute ban on the deprivation of liberty on the basis of impairment has already had an important impact on the work of the United Nations. Different entities, treaty bodies and special procedures have endorsed the standards of article 14 of the Convention, including the Office of the United Nations High Commissioner for Human Rights, 44 the World Health Organization,45 the Committee on the Elimination of Discrimination against Women (CEDAW/C/IND/CO/4-5, para. 37), the Working Group on Arbitrary Detention 46 and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (A/HRC/35/21, para. 66). 58. Nevertheless, since the adoption of the Convention, three human rights mechanisms have challenged the absolute ban on deprivation of liberty on the basis of impairment: the 43 44 45 46 International Covenant on Civil and Political Rights, art. 9. A/HRC/10/48, paras. 43–47; A/HRC/34/32, paras. 25–28; A/HRC/36/28, paras. 32, 40, 42 and 50; and A/HRC/39/36, para. 46. World Health Organization, QualityRights guidance and training tools, available at www.who.int/mental_health/policy/quality_rights/en. United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, paras. 38 and 103. 13