Ecuador

(21 October 2019, CRPD/C/ECU/CO/2-3, Concluding observations on second-third report, paras. 31 and 32)

“The Committee is concerned because:

(a)Ecuadorian law lacks specific provisions for the prevention of gender-based violence, neglect and abuse directed at persons with disabilities that take into account multiple and intersectional discrimination, especially such discrimination against girls and women with psychological or intellectual disabilities, Montubio persons, indigenous persons, migrants, asylum seekers and refugees with disabilities in the public and private institutional and other spheres;

(b) Persons with disabilities who are still living in institutions, particularly women with intellectual or psychosocial disabilities, continue to be exposed to harassment, abuse and acts of sexual and other types of violence;

(c)Ecuadorian law does not explicitly prohibit the corporal punishment of children, including children with disabilities, in all settings;

(d)No data disaggregated by sex, age and ethnic origin are available on cases and complaints of violence or abuse committed in the public and private spheres against persons with disabilities, especially girls and women, and there is a lack of information on preventive, case management, protective and reparative measures, including sanctions.

“Taking into account the recommendation made in paragraph 32 of its concluding observations on the State party’s initial report (CRPD/C/ECU/CO/1), the Committee recommends that the State party:

(a) Adopt all necessary measures, and review those measures already in place, to ensure that gender and disability are mainstreamed in its legislation on the prevention of violence and reinforce existing mechanisms and protocols by incorporating specific measures for preventing, eliminating, monitoring, penalizing and providing redress for all forms of violence, exploitation or abuse of persons with disabilities, especially children, women and older adults with disabilities, persons with psychosocial or intellectual disabilities, indigenous persons, migrants and refugees, persons of African descent and persons in poverty and persons living in rural areas who have disabilities;

(b) Guarantee full access for all girls and women with disabilities to assistance programmes for victims of gender-based violence, including shelters that ensure the accessibility of the physical environment and of information and communications and that are staffed by trained personnel;

(c) Introduce legislation that explicitly prohibits the corporal punishment of children, especially indigenous children with disabilities, both in the home and in shelters, in line with targets 5.2 and 16.2 of the Sustainable Development Goals;

(d) Compile data, disaggregated by sex, age, disability and ethnic origin, on complaints of violence and abuse committed in the public and private spheres against persons with disabilities and on preventive, protective, follow-up and reparative measures.”

El Salvador

(1 October 2019, CRPD/C/SLV/CO/2-3, Concluding observations on second-third report, paras. 30 and 31)

“The Committee is deeply concerned that legislation in the State party continues to allow ill-treatment and the use of physical restraints, electric shocks and drug sedation on persons with disabilities without their free and informed consent in psychiatric and other institutions.

“Recalling its general comment No. 7 (2018) on the participation of persons with disabilities, including children with disabilities, through their representative organizations, in the implementation and monitoring of the Convention and taking into account target 16.1 of the Sustainable Development Goals, the Committee recommends that the State party, in consultation with organizations of persons with disabilities:

(a) Amend the Mental Health Law and mental health policies to prohibit corporal punishment, isolation, restraint measures and anti-seizure therapies and eliminate any cruel, inhuman or degrading treatment of persons with disabilities;

(b) Establish an independent monitoring mechanism, in consultation with organizations of persons with disabilities, to investigate, monitor and receive complaints of ill-treatment, and apply sanctions for the conducting of any practice without the free and informed consent of persons with disabilities.”

India

(29 October 2019, CRPD/C/IND/CO/1, Concluding observations on initial report, paras. 32, 33, 34 and 35)

“The Committee is concerned about:

… (b) The fact that sanctions against ill-treatment in the Rights of Persons with Disabilities Act cover only certain forms of ill-treatment and require the intention to humiliate (sect. 92 (a));

(c) The prevalence of inherent forms of violence and ill-treatment in institutions, particularly affecting children with disabilities, persons with intellectual or psychosocial disabilities and women with disabilities, including physical and chemical restraints, forced medication, coercion, physical abuse, humiliation, electroconvulsive therapy, shackling, forced labour and corporal punishment, including in childcare facilities;

(d) The absence of measures to prevent and ensure the freedom of persons with disabilities from torture and cruel, inhuman or degrading treatment or punishment.

“The Committee recommends that the State party adopt measures to prevent and stop all forms of ill-treatment against persons with disabilities, including by:

… (c) Establishing accessible complaint mechanisms for persons with disabilities in institutions, ensuring oversight by, inter alia, the National Human Rights Commission and state commissions of all places where persons with disabilities are institutionalized, and setting up a task force to collect data about cases of torture and ill-treatment, with the effective involvement of organizations of persons with disabilities;

(d) Ensuring that all forms of ill-treatment of persons with disabilities constitute criminal offences in line with the definition of torture in international law, that cases of torture and ill-treatment are investigated, prosecuted and the perpetrators sanctioned, and that redress is provided for persons with disabilities who are subjected to ill-treatment.

“The Committee is concerned about:

(a) All forms of violence against children and adults with disabilities, including gender-based violence against women and girls, particularly physical, sexual and psychological violence, harassment, financial exploitation and abuse, trafficking, kidnapping, neglect and corporal punishment and other forms of violent punishment in all settings;

(b) The lack of measures to identify, prevent and combat all forms of violence against persons with disabilities, including the delay in enforcing legislative provisions to tackle such violence…

“The Committee recommends that the State party:

(a) Adopt and implement national and state strategies to identify, prevent, combat and end all forms of violence against persons with disabilities, including against women, girls and boys with disabilities. This process should involve organizations of persons with disabilities, particularly of women with disabilities, in adopting measures to identify instances of gender-based violence against women and girls with disabilities;

(b) Ensure the prompt implementation of the legal remedies to address the situation of women and girls with disabilities facing gender-based violence against women that are included in the Rights of Persons with Disabilities Act, the Juvenile Justice (Care and Protection of Children) Act (2015) and the Protection of Women from Domestic Violence Act (2005)…”

Iraq

(23 October 2019, CRPD/C/IRQ/CO/1, Concluding observations on initial report, paras. 29 and 30)

“The Committee is concerned about: … (c)Corporal punishment being regarded as legal under article 41 (1) of the Criminal Code when it involves the corporal punishment of women by their husbands or of children by their parents or teachers, albeit “within certain limits prescribed by law or by custom”…

“The Committee recommends that the State party: … (c) Amend or repeal article 41 (1) of the Criminal Code, enact legislation to prohibit all forms of corporal punishment in all settings and enforce the prohibition of violence and torture enshrined in articles 29 (4) and 37 (1) (c) of the Constitution and articles 333 and 421 of the Criminal Code…”

Kuwait

(18 October 2019, CRPD/C/KWT/CO/1, Concluding observations on initial report, paras. 30 and 31)

“The Committee is concerned about:

(a)The lack of measures to prevent the torture and cruel, inhuman or degrading treatment or punishment of persons with disabilities, including non-consensual medical treatment in detention and corporal punishment in all settings;

(b)Conditions of detention of persons with disabilities, in particular persons with disabilities awaiting execution, that amount to cruel, inhuman or degrading treatment or punishment…

“The Committee recommends that the State party:

(a) Prohibit all forms of corporal punishment in all settings, ensure that persons with disabilities receive medical treatment on the basis of their free and informed consent and train mental health professionals, law enforcement and prison officials on respecting the rights of persons with disabilities in mental health facilities, prisons and detention centres;

(b) Guarantee that the conditions of detention of persons with disabilities, in particular persons with disabilities awaiting execution, respect the inherent dignity of those detained…”

Myanmar

(22 October 2019, CRPD/C/MMR/CO/1, Concluding observations on initial report, paras. 29 and 30)

“The Committee is concerned about: … (b)The lack of specific legislation, policies and programmes to protect persons with disabilities, particularly women and children with disabilities and persons with intellectual or psychosocial disabilities, from all forms of exploitation, violence and abuse, including gender-based violence and corporal punishment…

“The Committee recommends that the State party:… (b) Adopt and implement legislation, policies and programmes to protect all persons with disabilities, particularly women and children with disabilities and persons with intellectual or psychosocial disabilities, from all forms of exploitation, violence and abuse, including gender-based violence and corporal punishment…”