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Contributions submitted by Governments
in electronic format at the Fourth Session
Proposed Modifications to Draft Article 11
Draft Article 11
FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT.
1. States Parties shall take all effective legislative, administrative, judicial, educational or other measures to prevent persons with disabilities from being subjected to torture or cruel, inhuman or degrading treatment or punishment.
2. In particular, States Parties shall prohibit, and protect persons with disabilities from, medical or scientific experimentation without the free and informed consent of the person concerned, and shall protect persons with disabilities from forced interventions or forced institutionalisation aimed at correcting, improving, or alleviating any actual or perceived impairment.
EU Proposal: EU suggests the deletion of “and shall protect persons with disabilities from forced interventions or forced institutionalisation aimed at correcting, improving, or alleviating any actual or perceived impairment ” from Paragraph 2.
3. In order to monitor the living conditions and the facilities of places where persons with disabilities are placed, visits should be undertaken by representatives of national bodies or, as appropriate, by representatives of international bodies, in conformity with pertinent international instruments.
3. A efectos de supervisar las condiciones de vida y las instituciones
en donde se mantienen las personas con discapacidad, se realizarán
visitas por parte de representantes de organismos nacionales o, de ser el caso, por representantes de organismos internacionales, de conformidad con los instrumentos internacionales pertinentes.
Proposed wording for Article 11
FREE AND INFORMED CONSENT TO INTERVENTIONS
- States Parties shall take the necessary measures to ensure that
medical or scientific, experimentation or interventions, including
corrective surgery, aimed at correcting, improving or alleviating
any actual or perceived impairment, are undertaken with the free and
informed consent of the person concerned
- Such measures shall include the provision of appropriate and accessible
information to persons with disabilities and their families
- States Parties shall accept the principle that forced institutionalisation
of persons with disabilities on the basis of disability is illegal.
- In countries where in-voluntary treatment has not been abolished
it shall only be used in exceptional circumstances prescribed by law
and its use shall be minimised through the active promotion of alternatives
- States Parties shall ensure in any case of involuntary treatment
of persons with disabilities that:
- it is undertaken in accordance with the procedures established by
law and with the application of appropriate legal safeguards
- the law shall provide that the interventions are in the least restrictive
settings possible and the best interests of the person concerned will
be fully taken into account
- forced interventions are appropriate for the person and provided without financial cost to the individual
receiving the treatment or to his or her family.