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Article 12 : Freedom from Violence and Abuse

Draft Proposal

 

1. States Parties recognize that persons with disabilities may be at greater risk, both within and outside the home, of all forms of violence and abuse. Violence and abuse is understood to include hate, bias, harassment, victimization, violence, injury, physical or mental and emotional or sexual abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual and economic exploitation. States Parties shall, therefore:

(a) Take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms violence and abuse.

(b) Secure the equal rights of children to protection from all forms of violence and abuse.

(c) Prohibit, and protect persons with disabilities from abduction, and any forced interventions or forced institutionalisation aimed at correcting, improving, or alleviating any actual or perceived impairment.

(d) Reaffirm that persons with disabilities have the right to make choices about their own bodies and shall prohibit forced sterilization or abortion.

(e) Provide information, support and education to persons with disabilities, their families, and persons working with persons with disabilities about how to avoid, recognize, report, and seek protection from violence and abuse.

(f) Ensure that facilities and programmes, both public and private, where persons with disabilities live or receive services, are effectively monitored by independent authorities, which shall include persons with disabilities, to prevent the occurrence of violence and abuse.

(g) Where persons with disabilities are the victim of any form of violence and abuse, States Parties shall take all appropriate measures to promote their physical and psychological recovery and social reintegration which shall at all times respect personal autonomy and dignity of the persons concerned.

(h) Ensure the identification, reporting, referral, investigation, treatment and follow-up of instances of violence and abuse, and the provision of protection services and, as appropriate, judicial involvement.

 


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