A/HRC/40/54
68.
Many strategies are required to end the institutionalization of children with
disabilities. These include building up family support, the provision of child services within
the community, child protection strategies, inclusive education and the development of
disability-inclusive family-based alternative care, including extended kinship care, foster
care and adoption. All these forms of alternative care need to be provided with appropriate
training, support and monitoring to ensure the sustainability of such placements. States
should adopt an immediate moratorium on the institutional placement of children under the
age of 3.
69.
States must take immediate action to end deprivation of liberty within private and/or
faith-based institutions, such as orphanages, small group homes, rehabilitation centres and
prayer camps. States have an obligation to protect persons with disabilities against wrongful
deprivation of liberty by third parties, including through preventive institutional
frameworks, education and monitoring. States must take immediate action to end all forms
of home confinement and shackling.
C.
Ending coercion in mental health
70.
States must end all forms of deprivation of liberty and coercion in mental health. For
those purposes, States must transform their mental health systems to ensure a rights-based
approach and well-funded community-based responses, including peer-led services.
Evidence shows that when Governments, service providers, courts and communities take
concerted action to move away from coercive practices, they are likely to be successful.
71.
States must create support services for persons experiencing crises. The existence of
community-based services that do not resort to the use of force or coercion has proven to be
effective and is critical to ensure a right-based response. Non-coercive and non-medical
community programmes for persons in extreme distress have been established in several
places in the world as alternatives to hospitalizations (e.g. crisis or respite houses, crisis
respite services, host families and emergency foster care for children). 54 Features of these
settings include fewer residents compared with hospital wards, a home-like environment, a
de-emphasis on medication and greater contact with staff. The availability of these
programmes has been shown to reduce instances of involuntary hospitalization and higher
satisfaction rates.55
72.
Advance planning can be useful to support the exercise of legal capacity in crisis
situations.56 Advance directives allow people to set out their will and preferences as to how
they wish to be treated in any future event. They may also include refusals of certain
treatments and/or advance requests for particular options the person has found helpful in the
past. To be effective, it is critical to ensure that the advance directive is freely chosen by the
person, that they have full control over when it should take effect, and that it remains
subject to the person’s decision to change their will and preferences at all times.
D.
Access to justice
73.
Persons with disabilities should have access to justice on an equal basis with others
to challenge any deprivation of liberty. For that purpose, States must ensure that persons
with disabilities have access to procedural, age- and gender-appropriate accommodations,
including supported decision-making, in all legal proceedings before, during and after trial.
States must also promote appropriate training for those working in the field of the
administration of justice.
54
55
56
16
Gooding and others, Alternatives to Coercion, pp. 67–81.
C. Obuaya, E. Stanton and M. Baggaley, “Is there a crisis about crisis houses?”, Journal of the Royal
Society of Medicine, vol. 106, No. 8 (2013), pp. 300–302.
M.H. de Jong and others, “Interventions to reduce compulsory psychiatric admissions: a systematic
review and meta-analysis”, JAMA Psychiatry, vol. 73, No. 7 (2016), pp. 657–664.
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