New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review governing the provision of services to older persons suffering from dementia or other disabilities in residential care.”31 65. The Committee on the Rights of Persons with Disabilities in April 2014 identified that the detention of persons with disabilities, whose legal capacity has been denied, in institutions against their will (either without their consent or with the consent of a substitute decision-maker), results in risks of ill-treatment, including the exercise of seclusion and restraint and un-consented medical treatment.32 66. A 2013 study highlighted the hidden nature of ill-treatment directed against disabled persons within the community.33 People in home-care/live-in support situations may have limited ability to communicate their needs, or any concerns about their treatment, or may be reliant on the abuser for day-to-day support and assistance. 67. These facilities are all subject to New Zealand’s international obligations in the ICCPR34 and CAT35 and may be subject to various types of general monitoring under the auspices of different government agencies. However, the lack of rigorous preventative oversight from an OPCAT specific perspective is concerning. 68. The Commission would welcome guidance from the Committee on these issues and urges the Government to prioritise reviewing the scope of the OPCAT mandate in New Zealand with a view to identifying ways to address the gaps in monitoring all places where people are deprived of their liberty. Any increase in scope would need to be properly funded. 31 Ibid. See CRPD General Comments No.1 (2014), p.10. New Zealand ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2008. 33 The Hidden Abuse of Disabled People Residing in the Community: An Exploratory Study, Roguski, M (18 June 2013). http://www.communityresearch.org.nz/wp-content/uploads/formidable/Final-Tairawhiti-Voicereport-18-June-2013.pdf. 34 ICCPR Article 7. 35 CAT Article 16. 32 25