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| Back to: Third Session | Draft Article 12 Comments
on the draft text Download complete compilation of comments: MS Word National Human Rights Institutions Ontario Human Rights Commission The Commission is supportive of all the provisions of this draft Article.
The Commission’s consultation report, Time for Action: Advancing Human
Rights of Older Ontarians, identifies that the prevalence of disabilities
and chronic conditions increases with age, and that this “intersection”
creates an even more vulnerable population to the problems of abuse and
discrimination. A special reference to disabled women and girls should be added in the first paragraph. EDF proposes to add a specific paragraph which will protect disabled people from violence and abuse within their family environment. Also important, is to include a reference to statistics on violence against disabled people, including disabled women and girls. A specific paragraph on abuse that disabled people suffer from private individuals should also be included. Hate crime, manifested either verbally, physically or both, harassment and other forms of violence and abuse should be referred to and the measures to prevent this from happening should include legal remedies. EDF also supports the inclusion of a specific reference to legal remedies in paragraph 6 of the article, as suggested in footnote 39. This should include penalties for those found guilty of violence against disabled people. The inclusion of an article explicitly addressing situations of violence and abuse is in keeping with the approach of the UN Standard Rules, as well as other treaties. (Cf. UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities, Rule 9, para. 4; Convention on the Elimination of All Forms of Discrimination Against Women, Article 6; Convention on the Rights of the Child, Articles 34 – 39) Although Draft Article 12(1) references “both within and outside the home,” it may be necessary to more explicitly specify the need for States to protect against abuse committed by private individuals and entities. Draft Article 12(3) discusses the need for States Parties to take measures to prevent violence and abuse, but it does not fully elaborate the kinds of measures to be undertaken. For example, the provision states the need for provision of information to families and people with disabilities, but it does not reference the specific need to educate people with disabilities and their families about how to avoid abuse, recognize abuse and report incidents of abuse. (Cf. UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities, Rule 9, para. 4) In addition, it would be important to reference the need to train those working with people with disabilities to identify and prevent abuse. It is also important to emphasize the need for any information on such matters to be available in accessible formats, issues that could also be addressed in Draft Article 19 (Accessibility). Draft Article 12(4) addresses the need for monitoring of both public and private facilities and programs, but it does not discuss how such monitoring should be conducted. For example, the Ad Hoc Committee may wish to incorporate requirements that the monitoring be conducted by independent authorities, and for the reports of such bodies to be made available to the public. Draft Article 12(5) elaborates actions to be taken by the State with regard to victims of violence and abuse. In order to ensure that such actions do not contravene the wishes, autonomy of decision-making and dignity of such people, it would be useful to include language such as “such recovery and reintegration shall take place in an environment which fosters the health, self-respect, dignity and autonomy of the person.” (Cf. Based in part on the Convention on the Rights of the Child, Article 39) It is also important to consider the coverage of this article with regards to people who were not previously disabled, but became disabled as a result of violence or abuse. Footnote 39 asks whether remedies should also be referenced in Article 12(6). Given that references are made in Article 10(2)(d) to the need for compensation for those unlawfully deprived of their liberty, the inclusion of a reference to remedies would seem important in Article 12 as well. Physical Disability Council of Australia Ltd 3. We would like to see the word accessible inserted before the word information.
This Article must be focused on both individual perpetrators and violence committed by society at large. Special attention should be paid to women and children in this Article. World Network of Users and Survivors of Psychiatry The Ad Hoc Committee may wish to explicitly mention forced labor and economic exploitation of persons with disabilities among the categories of violence and abuse, or to include a separate article addressing this violation of human rights under the ICCPR and other conventions against slavery and forced labor. |