degrading treatment (A/66/268, paras. 67-68, 78). Moreover, any
restraint on people with mental disabilities for even a short period of
time may constitute torture and ill-treatment. It is essential that an
absolute ban on all coercive and non-consensual measures, including
restraint and solitary confinement of people with psychological
or intellectual disabilities, should apply in all places of deprivation
of liberty, including in psychiatric and social care institutions. The
environment of patient powerlessness and abusive treatment of
persons with disabilities in which restraint and seclusion is used can
lead to other non-consensual treatment, such as forced medication and
electroshock procedures.
Therefore, the Special Rapporteur calls on all State Parties to
Impose an absolute ban on all forced and non-consensual medical
interventions against persons with disabilities, including the nonconsensual administration of psychosurgery, electroshock and mindaltering drugs such as narcoleptics, the use of restraint and solitary
confinement, for both long- and short-term application.
Women
The United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders ( known as “the Bangkok rules” )
were adopted by the UN General Assembly in December 2010. The rules68
were developed to supplement and complement, as appropriate the Standard
Minimum Rules for the Treatment of Prisoners and the United Nations Standard
Minimum Rules for Non-Custodial Measures (“the Tokyo rules”) in relation
to the treatment of women prisoners and alternatives to prison for women
offenders. The rules take into account the gender specific requirements of
women prisoners, including those that arise through pregnancy and childcare.
Of relevance in the present context, rule 22 states that punishment by close
confinement or disciplinary segregation shall not be applied to pregnant
women, women with infants and breastfeeding mothers in prison. Rule 23
states that disciplinary sanctions for women prisoners shall not include a
prohibition on family contact, especially with children. Rule 24 prohibits the use
of instruments of restraint on women in labour, during birth and immediately
after birth.
Rule 41 requires gender sensitive risk assessment and classification of prisoners
to take into account the generally lower risk posed by women prisoners to
68
http://www.ohchr.org/Documents/ProfessionalInterest/BangkokRules.pdf
75