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Convention of the Rights of Persons with Disabilities (CRPD) - Article 14
Convention on the Rights of Persons with Disabilities - Article 14 - Liberty and security of person.
On behalf of Mad Canada Shadow Report Group, in this survey we are requesting information specifically on CRPD Article 14 - Liberty and security of person. Other partners will be requesting information on different CRPD Articles. Please visit www.bcands.bc.ca on how to give your input on those other CRPD Articles.
Article 14 - Liberty and security of person - CRPD Committee's observations and recommendations:
The Committee is concerned about:
(a) Involuntary detention of persons with psychosocial disabilities in psychiatric institutions on the basis of impairment, across various State party jurisdictions; (b) Legislation at the federal, provincial and territorial levels relating to detention of accused persons with psychosocial and/or intellectual disabilities who may be found unfit to stand trial, in the context of criminal procedures; (c) Information regarding inmates with psychosocial and/or intellectual disabilities being inappropriately identified as having “behavioural problems” instead of a disability, which limits the provision of the reasonable accommodation and appropriate health care available to them; (d) The lack of reasonable accommodation for women with disabilities within the federal prison system, and the adverse effect of their administrative segregation within detention facilities; (e) Information about indigenous persons with disabilities and migrants with disabilities, who, along with persons with intellectual and psychosocial impairments, are overrepresented in prisons in the State party.
The Committee urges the State party to:
(a) Review federal, provincial and territorial policies and practices related to involuntary detention with the aim of bringing those policies and practices into compliance with article 14 of the Convention and the respective guidelines; (b) Set up a minimum core obligation across the federal, provincial and territorial jurisdictions regarding the right to stand trial for persons with disabilities, with appropriate accommodation during criminal proceedings; (c) Ensure access to health services, including psychosocial support, for inmates under the federal jurisdiction on an equal footing with others, on the basis of their free and informed consent; (d) Adopt and implement guidelines to provide reasonable accommodation for all persons with disabilities who are detained in prison and/or detention centres, and ensure that women in such centres receive appropriate support and reasonable accommodation; (e) Work in partnership with the Canadian Human Rights Commission and the provincial human rights commissions in order to assess, and set up measures to address, the situation of indigenous and migrant persons with disabilities in prison.