1. CRPD Committee on torture & illtreatment
Degener © 2013
CRPD Committee on torture & illtreatment
Theresia Degener
Vice Chair, Committee on the Rights of Persons with Disabilities
Side event „Intersectionality between CRPD & CAT“ New York, 6th CoSP CRPD 17 – 19 July 2013

2. Agenda Relevant CRPD articles Reporting guidelines
Concluding observations
Conclusions

3. 1. Relevant CRPD norms
Art. 15 Freedom from torture and cruel, inhumane and degrading treatment or punishment
Art. 16 Freedom from exploitation, violence and abuse
Article 17 Protecting the integrity of the person
Article 14 Liberty and security of the person
Article 12 Equal recognition before the law
Article 3 (a) respect for dignity and autonomy
Article 25 Health
Article 23 Respect for home and the family

4. 2. Reporting guidelines
Art 15: protection against medical experimentation & inclusion of pwd in national prevention measures
Art. 16: primary, secondary & tertiary prevention measures, & gender and child inclusiveness
Art. 17: protection against forced medical treatment, forced sterilization & forced abortion
Art. 14: protection against incarceration, legal prohibition of disability –based institutionalisation; reasonable accommodation for detained pwd
Art.12: ensure enjoyment of legal capacity, laws that restrict legal capacity, supported decision making, legal safeguards
Art. 25:protection against discrimination in health care, protection against involuntary treatment
Art. 23: ensure right to marry and found a family, protection against forced sterilization

5. 3. Concluding Observations on 7 state reports
Art. 15:
forced treatment, (prolonged) institutionalization, medical experimentation, degrading treatment in (psychiatric) institutions, forced sterilization
Art. 16:
abuse & violence against women & children, exploitation, sheltered workshops, forced sterilization, trafficking, abduction, institutionalization

6. Art. 17:
forced (medical) treatment, forced sterilization / abortion, legal incapacitation, institutionalization, family planning
Art. 14:
(forced) institutionalization, prison conditions, legal incapacitation, due process of law, correctional treatment of disabled prisoners

7. Art. 12:
Guardianship and other forms of substitute decision making, denial of marriage, denial of autonomy, lack of supported decisionmaking mechanisms
Art. 25:
inaccessible health care, forced medical treatment, denial of reproductive autonomy
Art. 23:
forced abortion, forced sterilization, denial of marriage and denial of parental guardianship

8. Which groups among pwd? Persons with psycho-social impairments
Children
Women
Deaf, deaf-blind persons
Persons with cognitive impairments

9. 4. Conclusions Several relevant provisions, not only art. 15
CRPD reporting guidelines on these provisions are indicators
General Observations with regard to 7 countries:
Involuntary and discriminatory institutionalization
Unvoluntary medical intervention
Involuntary sterilization & abortion
Denial of legal capacity
Certain high risk groups