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Article 12 : Freedom from Violence and Abuse

Information Sheet

Prepared by the International Disability Caucus

Persons with disabilities are disproportionately vulnerable to violence and abuse, specifically children and women with disabilities. This is understood to include:

Much of this violence is experienced at the hands of formal and informal caregivers, in the context of regulated service and support environments. For example, caregivers will withhold food or personal items as a form of punishment or as an attempt to alter an individual’s behaviour. In addition, continued use of non-therapeutic chemical or surgical sterilization of women with disabilities as young as eleven to alleviate personal hygiene responsibilities of formal and informal caregivers, unfortunately is still a reality in some countries.

Too often violent crimes or violent responses towards persons with disabilities are tolerated in circumstances they would not otherwise be. Acts of violence and abuse are too often couched in terms of “treatment” and “restraint”. Many persons with disabilities are subject to physical, chemical and environmental restraints as a means of control. Similar treatment to persons without a disability considered as an assault and would be punishable in a court of law.

It is essential that this Convention recognize the disproportionate vulnerability of persons with disabilities to violence and abuse and take adequate and appropriate steps to protect persons with disabilities from such acts. Recently, a young man with a disability was attacked in a park. He was approached by a group of youth who started pushing him and calling him names. One of the youth poured lighter fluid on the young man and set him on fire. The young man suffered from second-degree burns to his head, ears, neck and chest. He is recovering from his burns but has been scarred for life.

Violence and abuse against persons with disabilities must be recognized as such, and person’s perpetrating these acts must be prosecuted. We believe that Article 12 should include a reference to this effect. We would like to draw your attention to the proposed new article on Access to Justice, paragraph 1(e) in the text prepared by the International Disability Caucus. We find that this paragraph is better placed in article 12 and is attached for your reference.

We also believe that with regards to the prohibition of medical experimentation without consent and forced interventions and institutionalization, the Convention must be unequivocal. Such acts are always a violation of the person’s mental and physical integrity and it is unacceptable for the Convention to permit forced interventions of any kind.