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Contribution by Governments
Art. 2
1. Disability The term "disability" means a physical, mental, or sensory impairment, whether permanent or temporary, that limits the capacity to perform one or more essential activities of daily life, and which can be caused or aggravated by the economic and social environment.
(from article 1 of the Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities, AG/RES. 1608, 7 June 1999)
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Joint proposal - Argentina, on behalf of Brazil, Chile, Colombia, Costa Rica, Jamaica, Mexico, Panama and Uruguay
Article 15
Freedom from torture or cruel, inhuman or degrading treatment or punishment
1. No one person with disabilities shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. States Parties shall take all
effective legislative, administrative, judicial 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.
2. States Parties shall take all effective legislative, administrative,
judicial or other measures to prevent persons with disabilities from being
subjected to torture or cruel, inhuman or degrading treatment or punishment.
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Joint proposal - Argentina, on behalf of Brazil, Chile, Colombia, Costa Rica, Mexico, Panama and Uruguay
Article 17
Protecting the integrity of the person
1. States Parties shall protect the dignity and integrity of the person
of persons with disabilities on an equal basis with others.
2. States Parties shall protect persons with disabilities from forced interventions
or forced institutionalization aimed at correcting, improving or alleviating
any actual or perceived impairment.
2 bis States Parties shall prohibit, and protect persons with disabilities
from medical or scientific experimentation without the free and informed
consent of the person concerned
3. In cases of medical emergency or issues of risk to public health involving
involuntary interventions, persons with disabilities shall be treated on
an equal basis with others.
[4. States Parties shall ensure that involuntary treatment of persons with
disabilities is:
(a) Minimized through the active promotion of alternatives;
(b) Undertaken only in exceptional circumstances, in accordance with procedures
established by law and with the application of appropriate legal safeguards;
(c) Undertaken in the least restrictive setting possible, and that the best
interests of the person concerned are fully taken into account;
(d) Appropriate for the person and provided without financial cost to the individual
receiving the treatment or to his or her family.] 2
Footnotes:
2. The final common position on the bracketed text is pending further consultation.