Article 15 - Freedom from torture or cruel,
inhuman or degrading treatment or punishment
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Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
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 (in all its forms — Algeria) or cruel, inhuman or degrading treatment or punishment (violence and abuse — India).
2. In particular, States Parties shall prohibit, and protect persons with disabilities from, medical or scientific (and other forms of — Thailand) experimentation without the free and informed consent of the person concerned, [and shall protect persons with disabilities from forced interventions (, abduction — Uganda) or forced institutionalization aimed at correcting, improving or alleviating any actual or perceived impairment.2 — EU, China] (In instances of reduced or temporarily reduced capacity to give this consent, appropriate objective, neutral legal procedure and safeguards should be provided in the best interests of persons with disabilities and legal guardians/surrogate’s consent should be obtained where third party interests are concerned/harmed. — India)
(3. 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. — Mexico)
2. Members of the Working Group had differing opinions on whether forced intervention and forced institutionalization should be dealt with under “Freedom from torture”, or under “Freedom from violence and abuse”, or under both. Some members also considered that forced medical intervention and forced institutionalization should be permitted in accordance with appropriate legal procedures and safeguards.