CRPD Committee on torture & illtreatment Degener © 2013 CRPD Committee on torture & illtreatment Theresia Degener Vice Chair, Committee on the Rights of Persons with Disabilities Side event „Intersectionality between CRPD & CAT“ New York, 6th CoSP CRPD 17 – 19 July 2013

Agenda Relevant CRPD articles Reporting guidelines Concluding observations Conclusions

1. Relevant CRPD norms Art. 15 Freedom from torture and cruel, inhumane and degrading treatment or punishment Art. 16 Freedom from exploitation, violence and abuse Article 17 Protecting the integrity of the person Article 14 Liberty and security of the person Article 12 Equal recognition before the law Article 3 (a) respect for dignity and autonomy Article 25 Health Article 23 Respect for home and the family

2. Reporting guidelines Art 15: protection against medical experimentation & inclusion of pwd in national prevention measures Art. 16: primary, secondary & tertiary prevention measures, & gender and child inclusiveness Art. 17: protection against forced medical treatment, forced sterilization & forced abortion Art. 14: protection against incarceration, legal prohibition of disability –based institutionalisation; reasonable accommodation for detained pwd Art.12: ensure enjoyment of legal capacity, laws that restrict legal capacity, supported decision making, legal safeguards Art. 25:protection against discrimination in health care, protection against involuntary treatment Art. 23: ensure right to marry and found a family, protection against forced sterilization

3. Concluding Observations on 7 state reports Art. 15: forced treatment, (prolonged) institutionalization, medical experimentation, degrading treatment in (psychiatric) institutions, forced sterilization Art. 16: abuse & violence against women & children, exploitation, sheltered workshops, forced sterilization, trafficking, abduction, institutionalization

Art. 17: forced (medical) treatment, forced sterilization / abortion, legal incapacitation, institutionalization, family planning Art. 14: (forced) institutionalization, prison conditions, legal incapacitation, due process of law, correctional treatment of disabled prisoners

Art. 12: Guardianship and other forms of substitute decision making, denial of marriage, denial of autonomy, lack of supported decisionmaking mechanisms Art. 25: inaccessible health care, forced medical treatment, denial of reproductive autonomy Art. 23: forced abortion, forced sterilization, denial of marriage and denial of parental guardianship

Which groups among pwd? Persons with psycho-social impairments Children Women Deaf, deaf-blind persons Persons with cognitive impairments

4. Conclusions Several relevant provisions, not only art. 15 CRPD reporting guidelines on these provisions are indicators General Observations with regard to 7 countries: Involuntary and discriminatory institutionalization Unvoluntary medical intervention Involuntary sterilization & abortion Denial of legal capacity Certain high risk groups