THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT 4.61 Article 4 of the Convention on the Rights of Persons with Disabilities135 (CRPD) defines the scope of the general legal obligations undertaken by States parties. It requires States to “undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability” and provides a context within which the rights specified in the Convention are to be promoted and protected.136 4.62 Although Malaysia has ratified the CRPD and has enacted the Persons with Disabilities Act 2008 (Act 685), the Commission observed that persons with disabilities face some of the toughest conditions in prisons as the conditions in prisons are not disabled-friendly. In particular, the Commission notes the lack of accessible cells, showers, and toilets, as well as walkways with slopes that prevent prisoners with mobility disabilities from accessing essential areas such as the prison clinics. http://www.un.org/disabilities/convention/conventionfull.shtml accessed on 23/2/2016. Article 4 CRPD - General obligations: 1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake: a. To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention; b. To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities; c. To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes; d. To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention; e. To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise; f. To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines; g. To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost; h. To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities; i. To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights. 135 136 77

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