Involuntary deprivation of liberty and use of coercive methods for persons with disabilities
Recommended measures (3)
The State party should in line with the Committee’s guidelines on article 14 (2015), repeal all legal provisions allowing for involuntary deprivation of liberty based on perceived or actual impairment and the forced treatment of persons with psychosocial or intellectual disabilities, and provide effective remedies for persons with disabilities who have been deprived of their liberty on the basis of actual or perceived impairment.
The State party should end the use of coercive methods, such as restraints, isolation, segregation, involuntary treatment and other intrusive methods, for persons with intellectual or psychosocial disabilities, particularly those in detention and older persons, especially those with dementia and in nursing homes, by, inter alia, training staff, prioritizing community-based and peer-led support initiatives, and strengthening procedural guarantees and control.
The State party should be guided by its obligations under article 14 of the Convention and the Committee’s guidelines on article 14 throughout the regional discussions concerning the draft additional protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, entitled “The protection of human rights and dignity of persons with mental disorder with regard to involuntary placement and involuntary treatment”.