Freedom from Torture and Other Forms of Abuse

Freedom from torture and other forms of abuse

Persons with disabilities are particularly at risk for exposure to torture and other forms of cruel, inhuman, or degrading treatment or punishment.

Likewise, persons with disabilities are vulnerable to exploitation, violence, and abuse.

Many violations against persons with disabilities go unnoticed because they are frequently forced into institutionalized settings or other places that are isolated and hidden from public scrutiny, such as private and group homes, psychiatric hospitals, detention centres, and prisons.

Like all human beings, persons with disabilities have the right under human rights law to be free from all forms of violence and abuse.

According to the Convention on the Rights of Persons with Disabilities (CRPD):

1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.
2. States shall take all effective measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.
3. States shall take all appropriate measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects
4. States shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, among other things, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse.
5. States shall ensure that protection services are age-, gender- and disability-sensitive.
6. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States shall ensure that all facilities and programs designed to serve persons with disabilities are effectively monitored by independent authorities.
7. States shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.
8. States shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.