As has been established in numerous concluding observations, forced treatment by psychiatric and other health and medical professionals is a violation of the right to equal recognition before the law and an infringement upon the rights to personal integrity (Article 17), freedom from torture (Article 15), and freedom from violence, exploitation and abuse (Article 16). This practice denies the right to legal capacity to choose medical treatment and is therefore a violation of Article 12. States Parties must, instead, provide access to support for decisions about psychiatric and other medical treatment. Forced treatment has been a particular problem for persons with psycho-social, intellectual, and other cognitive disabilities. Policies and legislative provisions that allow or perpetrate forced treatment must be abolished. This is an on-going violation in mental health laws across the globe, despite empirical evidence indicating its lack of effectiveness as well as views of people using mental health systems who have expressed deep pain and trauma as a result of forced treatment. The Committee recommends that State parties should ensure that decisions that involve a person’s physical or mental integrity can only be taken with the free and informed consent of the person with disability concerned. - The UN Committee on the Rights of Persons with Disabilities about the UN CRPD Convention, in the Draft General Comment on Article 12 – on Equal Recognition before the Law - ohchr.org/Documents/HRBodies/CRPD/GC/DGCArticle12.doc
Posted on: Mon, 11 Nov 2013 09:15:55 +0000
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