Daily Summary related to Draft Article 12
FREEDOM FROM VIOLENCE AND ABUSE
Prepared by Landmine Survivors Network

Volume 3, #8
January 14, 2004

Afternoon Session
Commenced: 3:14
Adjourned: 6:08

FREEDOM FROM VIOLENCE AND ABUSE

WNUSP commented that though the issue of forced interventions had been discussed in the previous article, it should also be considered here. There are other kinds of forced interventions, such as medical interventions performed to control behavior, often performed in the criminal justice and educational settings. This is being flagged as an issue here since it was not taken up in the article education. It is very important that this convention reflect the full range of protections against violence and abuse, including appropriate measures including legal remedies and efforts to promote social reintegration.

Canada referred to its comments from the previous article, stipulating that we are talking about medical interventions. Paragraph 2 requires some qualification and the wording suggested for Article 9 would satisfy this. Consideration should possibly be given to use of word involuntary instead of forced, unless forced has special meaning in this context. It is important to think carefully about placement of this provision. With regard to interventions repetition and duplication should be avoided.

WFDB supported the content regardless of its placement but stressed that abuse takes place in state supported venues such as boarding schools and other state institutions and suggested that “both within and outside the home” may not reflect this adequately.

Japan reiterated its point from the morning’s discussion that there should be language providing for treatment in exceptional cases, but only under the condition that due process protections are guaranteed.

LSN said that this article should expressly reference examples of the kinds of situations where people with disabilities may be particularly at risk from violence and abuse, such as institutionalization or care-giving situations. the phrase “States Parties shall take all appropriate measures to promote …” may encourage well-meaning but paternalistic or prescriptive measures. We would support language that encourages States to make services available to promote the physical and psychological recovery of people with disabilities who have been subjected to violence and abuse, but it must be left to the disabled person to choose what, if any, services they wish to access. People with disabilities must have freedom of choice.

The Coordinator noted that regarding abuse and violence in facilities, paragraph 4 appears to address this within institutions of the state

South Africa sought clarity of term “beggary” and cautioned against terminology that might be unclear. The Coordinator commented that he assumed that this means abducting people for the purpose of using them for forced begging. This practice occurs in some countries where it is though that PWD are more likely to attract charity.

II noted that abuse is not limited to medical areas. It happens in home and workplace and the convention should protect against this without restrictions on where abuse may occur.

Columbia said that the language in paragraph should be clarified regarding whether it is prohibiting forced institutionalization or any kind of institutionalization. The adjective “forced” should be repeated before the word “institutionalization” if it is meant to apply to this as well as to interventions.

Ireland noted that the comments it had made in the morning session regarding forced interventions and forced institutionalization apply here as well. Regarding paragraph 3, the intention we clear but the wording should be clarified, especially the words “necessary support” Otherwise text is acceptable.

WNUSP, in response to Columbia’s intervention, clarified that the intent regarding forced institutionalization versus institutionalization in general was covered in the discussion and the resulting document on the Right to Live in the Community. Some people would advocate prohibition on a broader scale of certain kinds of institutions, while recognizing that, until such time as these institutions no longer exist, there will be people in them who require protection.

Back to Draft Article