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Article 16 - Freedom from exploitation, violence and abuse

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Third Session

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)

Article 12
Freedom from violence and abuse

1. [[States Parties recognize — Sierra Leone] (Recognizing — Sierra Leone) that persons with disabilities are at greater risk, both within and outside the home, of (abandonment — Republic of Korea) violence, injury or (mental or physical — Mexico) abuse neglect or negligent treatment, maltreatment or exploitation, including (economic and — New Zealand) sexual exploitation and abuse — Argentina] — China].

(Therefore — Mexico) States Parties shall [therefore — EU] take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities (and their families — Jordan) (and to prevent these forms of violence and abuse by ensuring inter alia (the support for persons with disabilities and their families or caregivers — Trinidad and Tobago) the provision of information— Mexico), both within and outside the home, from all forms of (abandonment — Republic of Korea) violence, injury or (mental or physical — Costa Rica) abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual (and economic — Mexico) exploitation and abuse.

2. [Such measures should prohibit, and protect persons with disabilities from (abduction and save in exceptional circumstances according to a procedure with appropriate safeguards established by law, intrusive or forced — Canada), forced interventions or forced institutionalization aimed at correcting, improving or alleviating any actual or perceived [impairment — Canada] (disabilities — Canada), and [abduction. — Argentina, Mexico] — EU]

(States shall take the necessary measures to ensure that medical and related interventions, including corrective surgery, are not undertaken without the free and informed consent of the person concerned — EU)

(States Parties recognize that armed conflicts particularly undermine the freedom from violence and abuse of persons with disabilities. States Parties shall, therefore, take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities from armed conflict. — Kenya)

3. [States Parties shall also take all appropriate measures to prevent violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including (economic and — New Zealand) sexual exploitation and abuse (especially against children and women with disabilities — India), by ensuring, inter alia, support for persons with disabilities and their families, including the provision of information (and education about how to avoid, recognize and report instances of the above. States Parties shall also ensure those working with persons with disabilities are trained to identify and prevent such instances — New Zealand) (and other appropriate forms of assistance and support. In such cases States Parties shall take all appropriate measures1 to promote their physical and psychological recovery and reintegration into communities — India) — EU]

(Such measures shall include the provision of appropriate information to persons with disabilities and their families — EU)

(3 bis. (i) States Parties shall accept the principle that forced intervention of persons with disabilities is illegal, save in exceptional circumstances in accordance with the procedures established by law and with the application on appropriate legal safeguards.

(ii) The law shall provide that in any case of forced intervention on persons with disabilities, the best interests of the person concerned will be fully taken into account. — EU)

4. [States Parties shall ensure that all facilities and programmes, both public and private, where persons with disabilities [are placed together, separate from others, — Uganda] (live or access services — Uganda) are effectively monitored to prevent the occurrence of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual exploitation and abuse. — New Zealand]
(Recognizing that persons with disabilities are more at risk of violence, injury or abuse neglect or negligent treatment, maltreatment or exploitation, including economic and sexual exploitation and abuse in segregated facilities and programmes where persons with disabilities are placed together, separate from other people, States Parties shall ensure that those facilities and programmes, both public and private, are effectively monitored by independent authorities, which include persons with disabilities, and the monitoring reports made available to the public. — New Zealand)

5. [Where persons with disabilities are the victim of any form of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including (economic and — New Zealand) sexual exploitation and abuse — Mexico], States Parties shall take all appropriate measures to promote their physical and psychological recovery (, rehabilitation — Philippines) and social reintegration (including through the provision of protection services — Trinidad and Tobago). (Such recovery and reintegration shall take place in an environment which fosters the health, self respect, dignity and autonomy of the person. — New Zealand)

6. States Parties shall (endeavour to — India) [ensure — Canada] (encourage — Canada) the identification, reporting, [referral — New Zealand], and investigation, [treatment — EU] (prosecution — EU, Canada) [and follow-up] of (all — New Zealand) instances of [violence and abuse] (violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including economic and — New Zealand) sexual exploitation and abuse, (and their timely referral to appropriate protection agencies and, where necessary, to the courts — New Zealand) [and the provision (as appropriate — EU) of protection services and (adequate deterrence and effective sanctions, including as appropriate — Costa Rica), [as appropriate — EU], [judicial involvement] (legal remedies — Sierra Leone). — India] (the provision of protection services and where necessary access to judicial interventions should also be made available — India).

(States Parties reaffirm the rights of persons to make choices over their bodies and shall ensure that persons with disabilities are not subjected to sterilization or forced abortion — Uganda)

(States Parties shall ensure that all facilities and programmes, public and private, where persons with disabilities are placed, are effectively monitored, in coordination with civil society, of these forms of violence and abuse. — Mexico)




Footnotes:


1. Some Working Group members suggested that this paragraph should include an explicit provision of legal remedies.