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
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Agenda
1. Relevant CRPD articles
2. Reporting guidelines
3. Concluding observations
4. Conclusions
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1. Relevant CRPD norms
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Art. 15 Freedom from torture and cruel, inhumane and
degrading treatment or punishment
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Art. 16 Freedom from exploitation, violence and abuse
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Article 17 Protecting the integrity of the person
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Article 14 Liberty and security of the person
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Article 12 Equal recognition before the law
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Article 3 (a) respect for dignity and autonomy
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Article 25 Health
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Article 23 Respect for home and the family
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2. Reporting guidelines
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Art 15: protection against medical experimentation & inclusion of pwd in national
prevention measures
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Art. 16: primary, secondary & tertiary prevention measures, & gender and child
inclusiveness
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Art. 17: protection against forced medical treatment, forced sterilization & forced
abortion
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Art. 14: protection against incarceration, legal prohibition of disability –based
institutionalisation; reasonable accommodation for detained pwd
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Art.12: ensure enjoyment of legal capacity, laws that restrict legal capacity,
supported decision making, legal safeguards
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Art. 25:protection against discrimination in health care, protection against
involuntary treatment
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Art. 23: ensure right to marry and found a family, protection against forced
sterilization
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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
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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
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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
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Which groups among pwd?
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Persons with psycho-social impairments
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Children
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Women
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Deaf, deaf-blind persons
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Persons with cognitive impairments
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4. Conclusions
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Several relevant provisions, not only art. 15
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CRPD reporting guidelines on these provisions are
indicators
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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
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