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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