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Article 10 : Liberty and Security of the Person

Draft Proposal

1. States Parties shall ensure that persons with disabilities:

(a) enjoy the right to liberty and security of the person, without discrimination based on disability;

(b) are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty shall be in conformity with the law, and in no case shall be based on disability. Note1

2. States Parties shall take effective measures to eliminate all barriers to the exercise and enjoyment by persons with disabilities of rights under national and international law generally applicable to persons deprived of their liberty, and in particular, shall ensure that, if persons with disabilities are deprived of their liberty, they are:

(a) treated with humanity and respect for the inherent dignity of the human person, including access to necessary services and assistive devices, and access to their support networks;

(b) entitled to receive reasonable accommodation in process, communications, languages and facilities at all stages of arrest and detention;

(c) ensured access to all programs and services generally available to persons under arrest or detention;

(d) provided with adequate information in accessible formats and languages as to their legal rights and the reasons for the deprivation of liberty at the time this occurs;

(i) in the case of a criminal arrest or detention, brought promptly before a court and entitled to trial within a reasonable time or release;

(ii) entitled without delay to take proceedings before a court to determine the lawfulness of any deprivation of liberty, to have a prompt decision and to be released if the deprivation of liberty is unlawful;

(iii) provided with access to legal assistance, and other services necessary to ensure accessibility, in such proceedings. Note2

3. States Parties shall ensure that any person with a disability who has been a victim of unlawful deprivation of liberty, including deprivation of liberty based on disability, shall have an enforceable right to compensation. Note3

Note1: We agree with the Working Group text as it stands. We oppose language that would weaken subparagraph b by adding the term "solely" or "exclusively" – this would allow disability to be used as one factor among others to justify deprivation of liberty.

Note2: Paragraph 2 guarantees the rights of people with disabilities who are deprived of their liberty. The Working Group text combines procedural rights with the right to humane treatment and dignity while in detention. We have added elimination of barriers, accessibility and accommodation which are relevant to both procedural rights and humane treatment. We have also brought the requirement for court control of any detention into conformity with ICCPR article 9.

Note3: This text uses the ICCPR language for compensation and includes deprivation of liberty based on disability, which has been prohibited by paragraph 1b.