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Article 15 - Freedom from torture or cruel,
inhuman or degrading treatment or punishment
Background Documents | Article 15 Background
Seventh Session | Fifth Session | Fourth
Session | Third Session
Working Group | References
Working Group
Draft Article 11
FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
• 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.
• 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.38
Footnotes:
38. Members of the Working Group had differing opinions on whether forced intervention
and forced institutionalisation should be dealt with under "Freedom from
Torture", or under "Freedom from Violence and Abuse", or under
both. Some members also considered that forced medical intervention and forced
institutionalisation should be permitted in accordance with appropriate legal
procedures and safeguards.