to prolong their seclusion and/or the application of restraint did not appear to be subjected to ongoing, robust external review, and it was not clear if, how and when their seclusion could be terminated. I was concerned to note that discussions of what the future held for these individuals appeared to focus on how to ‘do’ the seclusion/ restraint better, or differently – build a better seclusion area, a new living quarter, or design a new restraint belt. But there appeared to be very little by way of thinking about an entirely different solution to the perceived challenges that these individuals presented (for example that they self harm or that they are unpredictable). In this context, it should also be noted that this would appear to violate principles established by the Committee on the Rights of Persons with Disabilities’ (CRPD):41 Throughout all the reviews of State party reports, the Committee has established that it is contrary to article 14 to allow for the detention of persons with disabilities based on the perceived danger of persons to themselves or to others. The involuntary detention of persons with disabilities based on risk or dangerousness, alleged need of care or treatment or other reasons tied to impairment or health diagnosis is contrary to the right to liberty, and amounts to arbitrary deprivation of liberty (emphasis added). Stark physical environments and impoverished regimes in seclusion, secure care and segregation units The vast majority of the seclusion rooms and segregation cells we visited- in mental health and intellectual disability facilities, in children and young persons’ residences and in prisons- were stark in appearance and feel and contained few furnishings and personal belongings. With one exception, where cells/rooms had a toilet, this was a metal toilet/basin combination unit with no toilet seat or cover. Overall, there was little to distinguish between conditions in a seclusion room in a secure mental health unit, which is meant to provide a therapeutic environment and a place of healing for people who are unwell, and those in a prison segregation unit, a place of punishment for prisoners who broke a prison rule, or indeed in a children’s care and protection residence where vulnerable children are housed. The prison-like environment was particularly concerning in secure care units for children, many of whom are highly likely to have suffered previous trauma and disruption. Children could spend up to three days in these cells. 41 Committee on the Rights of Persons with Disabilities, Guidelines on article 14 of the Convention on the Rights of Persons with Disabilities: The right to liberty and security of persons with disabilities. Adopted during the Committee’s 14th session, held in September 2015. Geneva: September 2015 43

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