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Contributions submitted by Governments
in electronic format at the Fourth Session

Proposed Modifications to Draft Article 10

European Union

Draft Article 10
LIBERTY AND SECURITY OF THE PERSON

1. States Parties shall ensure that persons with disabilities:

(a) enjoy the right to liberty and security of the person, without discrimination on the basis of disability;

(b) are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty shall be in conformity with the law, and in no case shall be based on disability.

EU proposal: insert “, including any involuntary institutionalisation,” between “liberty” and “shall”, and insert “exclusively” after “be based”.

2. States Parties shall ensure that if persons with disabilities are deprived of their liberty, they are:

(a) treated with humanity and respect for the inherent dignity of the human person, and in a manner that takes into account the needs they have because of their disabilities;

EU proposal: insert new (b) and renumber as follows: “(b) entitled to the following minimum guarantees:”;

(b) provided with adequate information in accessible formats as to the reasons for their deprivation of liberty;

EU proposal: renumber current (b) as (i) and refrase as follows: ”(i) to be provided with adequate information in accessible formats as to their legal rights and the reasons for the deprivation of their liberty”.

(c) provided with prompt access to legal and other appropriate assistance to;

EU proposal: renumber current (c) as (ii) and insert “to be” before “provided”; finish sentence after “assistance”.

(i) challenge the lawfulness of the deprivation of their liberty before a court or other competent, independent and impartial authority (in which case, they shall be provided with a prompt decision on any such action);

EU proposal: renumber current (i) as (iii) and replace by ”to obtain a prompt ruling by a competent, independent and impartial court or tribunal established by law on the lawfulness of the deprivation of liberty” .

(ii) seek regular review of the deprivation of their liberty;

EU proposal: renumber current (ii) as (iv) and insert new paragraph (v) “to receive a fair hearing and be provided with a prompt decision on the lawfulness of the deprivation of liberty mentioned in subparagraphs (iii) and (iv) above.

(d) provided with compensation in the case of unlawful deprivation of liberty, or deprivation of liberty based on disability, contrary to this Convention.

EU Proposal: renumber current (d) as (c ) and refrase as follows:
“compensated following determination by an appropriate authority that the deprivation of liberty has been unlawful.”

EU Proposal for Article 10 would thus read as follows:

“1. States Parties shall ensure that persons with disabilities:

(a) enjoy the right to liberty and security of the person, without discrimination on the basis of disability;

(b) are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty, including any involuntary institutionalisation, shall be in conformity with the law, and in no case shall be based exclusively on disability.

2. States Parties shall ensure that if persons with disabilities are deprived of their liberty, they are: