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UN Programme on Disability   Working for full participation and equality

Draft Article 11
FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

  • 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.
  • 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.38


Footnotes:

38: Members of the Working Group had differing opinions on whether forced intervention and forced institutionalisation 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 institutionalisation should be permitted in accordance with appropriate legal procedures and safeguards.


Relevant references:

International human rights conventions and legal instruments

Disability-specific instruments

Jurisprudence of human rights treaty bodies

Other documents

Summary of discussions at the Working Group

Comments on the draft text

Back to list of Draft Articles


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United Nations, 2003-04
Department of Economic and Social Affairs
Division for Social Policy and Development