of deprivation of liberty, such as prisons, immigration detention centres,
juvenile detention facilities and children’s residential institutions. In all these
settings, they are exposed to additional human rights violations, such as
forced treatment, seclusion and restraints.” [85]
Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, U.N. Doc. A/63/175 Annex (28 July 2008)
(Manfred Nowak)
• “Persons with disabilities are often segregated from society in institutions,
including prisons, social care centres, orphanages and mental health
institutions. They are deprived of their liberty for long periods of time
including what may amount to a lifelong experience, either against their will
or without their free and informed consent. Inside these institutions, persons
with disabilities are frequently subjected to unspeakable indignities, neglect,
severe forms of restraint and seclusion, as well as physical, mental and sexual
violence. The lack of reasonable accommodation in detention facilities may
increase the risk of exposure to neglect, violence, abuse, torture and illtreatment.” [38]
• “The Special Rapporteur notes that under article 14, paragraph 2, of CRPD,
States have the obligation to ensure that persons deprived of their liberty
are entitled to “provision of reasonable accommodation”. This implies an
obligation to make appropriate modifications in the procedures and physical
facilities of detention centres, including care institutions and hospitals, to
ensure that persons with disabilities enjoy the same rights and fundamental
freedoms as others, when such adjustments do not impose a disproportionate
or undue burden. The denial or lack of reasonable accommodations for
persons with disabilities may create detention and living conditions that
amount to ill-treatment and torture.” [54]
• “Within institutions, persons with disabilities are often held in seclusion or
solitary confinement as a form of control or medical treatment, although this
cannot be justified for therapeutic reasons, or as a form of punishment.” [56]
Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, U.N. Doc. A/68/295 (9 August 2013)
(Juan Mendez)
• “…the [Standard Minimum] Rules should explicitly prohibit the imposition
of solitary confinement of any duration for…persons with psychosocial
disabilities or other disabilities or health conditions.” [61]
67