Taken as a whole, States’ obligations with regard to the right to be free from torture and other forms of abuse include:

1. Obligation to respect:

   States must refrain from engaging in any act, custom, or practice that creates barriers to enjoyment of the right of persons with disabilities to be free from torture and other forms of abuse.

   Example: The State refrains from using torture in questioning prisoners with disabilities and refrains from subjecting persons with disabilities in prison or otherwise detained or living in an institutional setting to any form of abuse.

   Example: The State enacts legislation that prohibits the subjection of persons with disabilities to medical or scientific experimentation unless they are in a position to provide full and informed consent without any coercion or undue influence whatsoever.

2. Obligation to protect:

   States must ensure that non-State or private actors do not violate the right of persons with disabilities to be free from torture or other abuse.

   Example: The State takes measures to protect persons with disabilities from inhuman or degrading conditions in both public and private institutional settings.

   Example: The State ensures that persons with disabilities held in privately run detention centres receive disability accommodations and that accessibility measures are undertaken.

3. Obligation to fulfil:

   States must take proactive steps to ensure enjoyment of the right to be free from torture and other abuse by persons with disabilities.

   Example: The State provides appropriate training of educators to ensure that children with disabilities are not subjected to forms of punishment that constitute violence and that they are protected against bullying and abuse by classmates.

   Example: The State undertakes an effective investigation where an individual raises a claim of abuse, such as ill-treatment at the hands of providers in a social care home or psychiatric facility.

In sum, international human rights law strongly supports the right of persons with disabilities to be free from torture as well as cruel, inhuman or degrading treatment or punishment and other forms of exploitation and abuse.