Popis: |
This is the first time personal integrity has been included in a UN human rights treaty as a stand-alone provision. In a single sentence Article 17 refers to the need to respect physical and mental integrity of persons with disabilities on an equal basis with others. It does not expressly state the kinds of human rights violations it is intended to guard against. Specifically, the text is silent on whether involuntary interventions are ever permitted or are even subject to limitation. The CRPD Committee has made it clear that informed consent is a core element of Article 17 while decisions of the European Court of Human Rights also support personal integrity. Forced treatment is a major problem for persons with disabilities and now States Parties must indicate the measures to protect persons from coercive interventions such as forced medication, seclusion, restraint and non-consensual sterilisation. One of the goals of Article 17, therefore, is to address the issue of informed consent. |