Continuing with my series on ‘Convention on Rights of Persons with disabilities’, this is the 4th part covering Articles 13 to 20.
Article 13 – Access to justice
•Ensuring Persons with disabilities (PwD) have effective access to justice on an equal basis with others through the provision of procedural & age-appropriate accommodations at all stages.
•Promoting appropriate training for those working in the field of administration of justice, including police and prison staff to help ensure effective access to justice for PwD.
Article 14 – Liberty and security of person
▪︎Ensure that PwD enjoy the right to liberty & security of person on an equal basis with others and are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty.
▪︎Ensure that if PwD are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of the present Convention, including by provision of reasonable accommodation.
▪︎Access to justice
▪︎Liberty & security
▪︎Freedom from torture/inhuman treatment
▪︎Freedom from exploitation, violence & abuse
▪︎Liberty of movement & nationality
▪︎Independent & inclusive living
Article 15 – Freedom from torture or cruel, inhuman or degrading treatment or punishment
•No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Also, no one shall be subjected to medical or scientific experimentation without his or her free consent.
•All effective legislative, administrative, judicial or other measures should be taken to prevent PwD, on an equal basis with others, from being subjected to torture or inhuman or degrading treatment or punishment.
Article 16 – Freedom from exploitation, violence and abuse
▪︎All appropriate legislative, administrative, social, educational and other measures to protect PwD from all forms of exploitation, violence & abuse, including the gender-based aspects, both within and outside the home.
▪︎Taking all appropriate measures to prevent all forms of exploitation, violence & abuse by ensuring appropriate forms of gender & age sensitive assistance and support for PwD and their families and caregivers through provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse.
▪︎All facilities and programmes designed to serve PwD to be effectively monitored by independent authorities.
▪︎To take all appropriate measures to promote physical, cognitive & psychological recovery, rehabilitation & social reintegration of PwD 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 & autonomy of the person and takes into account gender and age specific needs.
▪︎To put in place effective legislation and policies, including women & child focused legislation and policies, to ensure that instances of exploitation, violence & abuse against PwD are identified, investigated and, where appropriate, prosecuted.
Article 17 – Protecting the integrity of the person
Every PwD has a right to respect for his or her physical and mental integrity on an equal basis with others.
Read ‘Trust for Special Needs Person’
Article 18 – Liberty of movement and nationality
•Recognize the rights of PwD to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that PwD:
a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability;
b) Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
c) Are free to leave any country, including their own;
d) Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country.
•Children with disabilities shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents.
Article 19 – Living independently and being included in the community
Recognize the equal right of all PwD to live in the community, with choices equal to others, and take effective & appropriate measures to facilitate full enjoyment by PwD of this right and their full inclusion and participation in the community, including by ensuring that:
a) PwD have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
b) PwD have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
c) Community services and facilities for the general population are available on an equal basis to PwD and are responsive to their needs.
Article 20 – Personal mobility
•Take effective measures to ensure personal mobility with the greatest possible independence for PwD, including by:
a) Facilitating the personal mobility of PwD in the manner and at the time of their choice, and at affordable cost;
b) Facilitating access by PwD to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable cost;
c) Providing training in mobility skills to PwD and to specialist staff working with them
d) Encouraging entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for PwD.
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Author Shivani Lohia
Shivani Lohia is a Chartered Accountant by profession and mother to 8 years old child on the autism spectrum. The cause of autism awareness is very close to her heart and she strongly believes in equal education for all & strongly advocates inclusion. She has been homeschooling her son since he was 5 years old.
Creative representation for this blog is done by our extremely talented CreativeSaathi Pranjal Mishra