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Article 16 - Freedom from exploitation, violence and abuse

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Fifth Session

Consolidation of proposals submitted by the Facilitator

Article 12 -
Freedom from violence and abuse

Facilitator proposal as of 31 January 2005

1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities (and their families - at 28 Jan session taken out) both within and outside the home, from all forms of exploitation, violence and abuse (- at 28 Jan session decided to put in), including abandonment, violence, injury or mental or physical abuse, abduction, harassment, neglect or negligent treatment, maltreatment or exploitation, including economic and sexual exploitation and abuse.

1bis. In particular, States Parties shall protect persons with disabilities from all forms of medical or related interventions, carried out without the free and informed consent of the person concerned.

1ter. Where person lacks the capacity to give or withhold informed consent, an intervention may only be carried out where the consent of his or her legal representative or a competent court or authority has been obtained prior to the intervention.

1quat. This shall not prejudice any such intervention necessary to prevent an imminent danger to the life or health of the person concerned or to the life or safety of others.

1quin. All such interventions shall be carried out in the best interest of the person concerned, in accordance with the procedures established by law and with the application of appropriate legal safeguards.

2. States Parties shall also take all appropriate measures to prevent violence and abuse by ensuring, inter alia, appropriate forms of assistance and support for persons with disabilities and their caregivers, including through the provision of information and education on how to avoid, recognize and report instances of (violence and abuse) above.

3. Special attention shall be paid to measures reflecting particular vulnerability of persons with disabilities in situations of emergency, inter alia during armed conflicts or foreign occupation.

4. States Parties shall ensure that all facilities and programs, both public and private, where persons with disabilities are placed together, separate from others, live or access services are effectively monitored in coordination with civil society by independent authorities, which include persons with disabilities and which make monitoring reports available to public in order to prevent the occurrence of violence or abuse.

5. Where persons with disabilities are victims of any form of violence or abuse, States Parties shall take all appropriate measures39 to promote their physical and psychological recovery, rehabilitation and social reintegration including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, self respect, dignity and autonomy of the person.

6. States parties shall put in place effective policies and legislation to ensure that instances of violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted and that protection services are available in such cases.