Back to: Third Session of the Ad Hoc Committee
Daily summary of discussions
summary of discussions related to Article 11
FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
UN Convention on the Rights of People with Disabilities
Third session of the Ad Hoc Committee - Daily Summary
A service made possible by Landmine Survivors Network *
Volume 4, #3
May 26, 2004
Commenced: 3:16 PM
Adjourned: 5:50 PM
Ireland said the EU supported 11.1
because it obliges States to implement the ICCPR and prohibits medical
or scientific experimentation without consent. The EU has made proposals
in relation to forced institutionalization in Article 10, and because
forced interventions are dealt with in Article 12, the EU recommends
deleting from 11.2 the following words: "and shall protect persons
with disabilities from forced interventions or forced institutionalisation
aimed at correcting, improving, or alleviating any actual or perceived
India proposed merging Articles 11 and 12. This new
Article titled “Freedom from Torture, Degrading Treatment, Violence
and Abuse” (available on the UN Enable website) retains 11.1 and 11.2
with an addition to 11.2. The new paragraphs 11.3, 11.4, and 11.5 are
similar to Article 12. Both these articles deal with acts, which take
away the fundamental freedoms, rights, and dignity of persons and should
be treated together.
Canada supported the EU in deleting the last part
Japan supported the EU and Canada because Article
10 addresses institutionalization and Article 12 addresses the rest
Yemen stated that the title of Article 11 and 12 imply
that they deal with one subject that could be combined, and supported
India’s proposal. It does not support deleting 11.2, but it may be combined
with Article 10.2.
Uganda supported 11.1 in total, and proposed adding
in 11.2 the word “abduction” after “forced interventions." PWD
are abducted and taken to institutions.
Argentina supported 11.1 in the original text. The
language in 11.2 goes further than the Convention against Torture and
therefore may fit in Article 12, Protection against Violence.
China supported the deletion of the last part of 11.2,
as advocated by the EU and Canada. Forced interventions, footnote 38,
is controversial and suggests placement a separate article or in another
South Africa supported 11.1 and removal of last part
of 11.2, because it is already in Article 12.
Norway supported Canada, China and EU’s proposals
to keep 11.1 and to delete the last part of 11.2.
Costa Rica supported the current text Article 11,
but may agree to delete the second part of 11.2. There is a translation
issue: The English version says “forced intervention" while the
Spanish version says “forced medical interventions.”
Kenya supported retaining the original Article. Forced
interventions and institutions are cruel and inhuman treatment, and
should be addressed in this article. Article 11 and 12 should not be
merged because Article 11 tracks other Conventions and Article 12 is
unique to PWD.
Holy See proposed adding “, including sterilization”
after “forced interventions” in 11.2.
Mexico spoke against the proposed merger of Article
11 and 12 because they are separate issues. In 11.2, kidnapping (abduction)
should not be listed because it is a special kind of crime. It proposes
a new Paragraph 11.3 to address monitoring the living situations of
PWD: “In order to monitor living conditions and facilities of places
where persons with disabilities are placed, international instruments
shall be applied, as appropriate, including the Optional Protocol of
the Convention against Torture, for the realization of visits by national
or international bodies to detention centres.”
Singapore supported deleting the last part of 11.2.
Thailand supported the text as drafted and suggested
adding “and other forms of experimentation" after "medical
or scientific research," in order to be more inclusive.
Eritrea supported the WG's original text. Although
11.2 it is redundant with article 10, it is necessary to keep it in
Sierra Leone supported the WG's original Article 11.
The second part of 11.2 is important; footnote 38 merely states that
there was disagreement about whether it should appear in Article 11
or Article 12. There was no disagreement about its necessity. The AHC
needs to address appropriate legal procedures and safeguards relating
to forced interventions. It would like to discuss whether to merge Articles
11 and 12 after the entire Convention is drafted.
Algeria does not favor merging Articles 11 and 12
because the seriousness of torture is different from abuse. It proposes
adding the words “in all of its forms” after the word "torture"
Liechtenstein supported keeping Articles 11 and 12
separate. Different actors commit these different kinds of abuses. Article
11.1 mainly addresses the public sphere, while Article 11.2 deals with
medical situations. The focus of Article 12 is on abuse and violence
in the private sphere, which the State should do everything to prevent.
The floor was opened for comments from NGOs.
WNUSP stated that its members experience forced interventions
such as electric shock and drugging which traumatize them for life.
It agreed with Kenya that these practices constitute torture. Under
international law, there is no distinction between torture and forced
interventions. Abuse of political prisoners is understood and confronted;
but in “medical” institutions it is more difficult to defend against
violence, even though the torture is the same, because it is not referred
to as such. Legal standards and procedural safeguards can never legitimize
torture and other cruel treatment. WNUSP finds Algeria’s amendment constructive.
Society of Catholic Social Scientists supported the
WG draft text with the Holy See’s amendment adding forced sterilization,
because of the danger posed by eugenics interventions. Bodily integrity
is a vital concern to PWD.