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Contributions submitted by Governments
in electronic format at the Fourth Session

Proposed Modifications to Draft Article 11

European Union

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

1. 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.

2. 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.

EU Proposal: EU suggests the deletion of “and shall protect persons with disabilities from forced interventions or forced institutionalisation aimed at correcting, improving, or alleviating any actual or perceived impairment ” from Paragraph 2.

Mexico

Article 11

(paragraph 3)

English:

3. In order to monitor the living conditions and the facilities of places where persons with disabilities are placed, visits should be undertaken by representatives of national bodies or, as appropriate, by representatives of international bodies, in conformity with pertinent international instruments.

Spanish:

3. A efectos de supervisar las condiciones de vida y las instituciones en donde se mantienen las personas con discapacidad, se realizarán visitas por parte de representantes de organismos nacionales o, de ser el caso, por representantes de organismos internacionales, de conformidad con los instrumentos internacionales pertinentes.

New Zealand

• States Parties shall take the necessary measures to ensure that medical or scientific, experimentation or interventions, including corrective surgery, aimed at correcting, improving or alleviating any actual or perceived impairment, are undertaken with the free and informed consent of the person concerned
• Such measures shall include the provision of appropriate and accessible information to persons with disabilities and their families
• States Parties shall accept the principle that forced institutionalisation of persons with disabilities on the basis of disability is illegal.
• In countries where in-voluntary treatment has not been abolished it shall only be used in exceptional circumstances prescribed by law and its use shall be minimised through the active promotion of alternatives
• States Parties shall ensure in any case of involuntary treatment of persons with disabilities that:
  • it is undertaken in accordance with the procedures established by law and with the application of appropriate legal safeguards
  • the law shall provide that the interventions are in the least restrictive settings possible and the best interests of the person concerned will be fully taken into account
  • forced interventions are appropriate for the person and provided without financial cost to the individual receiving the treatment or to his or her family.