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Article 11 : Freedom from Torture or Cruel, Inhuman or degrading Treatment or Punishment

Information Sheet

Prepared by the International Disability Caucus

Why are forced interventions a form of torture?

Forced interventions meet the definition of torture under the Convention Against Torture.

Torture is:

• An intentional act;
• That causes severe pain and suffering (physical or mental); and
• Done for any reason based on discrimination of any kind.

The required intent is not a specific intent to cause the victim to experience pain or suffering, but a general intent to perform the act knowing that severe pain or suffering is likely to result.

Forced interventions are torture because those who perform such interventions know that severe pain or suffering is likely to result. Examples follow:

• Persons with disabilities may be given medication that can alter their brain irreversibly and may have painful effects; these effects are known by the practitioner administering them but they are perceived to be less severe than the disability itself;
  
• A father forced his daughter with a disability to undergo sterilization for personal hygiene purposes;
  
• Women with intellectual disabilities are often sterilized with the aim of “protecting” them from pregnancy in case of sexual abuse; while in fact forced sterilization may actually provoke such cases;

• Sometimes when people with physical disabilities undergo many subsequent surgeries resulting, often times, in multiple disabilities;
  
• Interventions, like corrective surgery, forced psychotropic medication, electro-shock therapy etc. If the person’s choice is that he/she wants to be different from the non-disabled community, and the person feels that there is no need to undergo a specific intervention, then the Convention should respect their right to freedom of choice. Forced interventions without a person’s consent undermines their ability to achieve self determination and is degrading to an individual.