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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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The right to inclusive education 2016, para. 49 | Aug 19, 2019 | Paragraph | Persons with disabilities, particularly women and girls, can be disproportionately affected by violence and abuse, including physical and humiliating punishments by educational personnel, for example, the use of restraints and seclusion, and bullying by others in and on route to school. Article 16 requires that States parties take all appropriate measures to protect from and prevent all forms of violence and abuse towards persons with disabilities, including sexual violence. Such measures must be age, gender and disability sensitive. The Committee strongly endorses the recommendations of the CRC, the Human Rights Committee and CESCR that States parties must prohibit all forms of corporal punishment, and cruel, inhuman and degrading treatment in all settings, including schools, and ensure effective sanctions against perpetrators. It encourages schools and other educational centers to involve students, including students with disabilities, in the development of policies, including accessible protection mechanisms, to address disciplinary measures and bullying, including cyberbullying, which is increasingly recognized as a growing feature of the lives of students, particularly children. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Beijing Declaration and Platform for Action 1995, para. 233a | Aug 19, 2019 | Paragraph | [By Governments and non-governmental organizations, the United Nations and other international organizations, as appropriate:] Translate, whenever possible, into local and indigenous languages and into alternative formats appropriate for persons with disabilities and persons at lower levels of literacy, publicize and disseminate laws and information relating to the equal status and human rights of all women, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Declaration on the Right to Development and the Declaration on the Elimination of Violence against Women, as well as the outcomes of relevant United Nations conferences and summits and national reports to the Committee on the Elimination of Discrimination against Women; | Fourth World Conference on Women | Declaration / Confererence outcome document |
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| 1995 | ||
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 37 | Aug 19, 2019 | Paragraph | The Committee's recognition in these cases that deportation into homelessness may constitute cruel and inhuman treatment or punishment, and that victims of homelessness in this context are entitled to a remedy, is significant. It is equally important, however, to ensure access to adjudication and remedy for those who experience the same deprivations of homelessness resulting from inaction or neglect within a State's own borders. In A.H.G and Jasin, the Committee considered the effects of widespread and systemic violations of the right to security and dignity. However, this consideration remained within the negative rights framework of prohibited "treatment" or "punishment". That framework is not conducive to hearing the substantive claim to a life of dignity, security and inclusion advanced by people with disabilities or women escaping violence, who do not see the fulfilment of their human rights merely as freedom from treatment or punishment but more fundamentally as a right to a place to live in dignity and security. | Special Rapporteur on adequate housing as a component of the right to an adequate standard of living | Special Procedures' report |
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| 2016 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 36 | Aug 19, 2019 | Paragraph | Girls and young women with disabilities also encounter significant challenges when attempting to access justice, prevention mechanisms and response services for sexual and gender-based violence. Sexual assault is often underreported, and even more so when the individual has a disability. Girls and young women with disabilities face numerous challenges when reporting abuses, such as the risk of being removed from their homes and institutionalized; stigmatization; fears with regard to single parenthood or losing child custody; the absence or inaccessibility of violence prevention programmes and facilities; the fear of the loss of assistive devices and other supports; and the fear of retaliation and further violence by those on whom they are both emotionally and financially dependent (see A/67/227, para. 59). In addition, when, as survivors of sexual violence, they report the abuse or seek assistance or protection from judicial or law enforcement officials, teachers, health professionals, social workers or others, their testimony, especially that of girls and women with intellectual disabilities, is generally not considered credible, and they are therefore disregarded as competent witnesses, resulting in perpetrators avoiding prosecution. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
SRSG on violence against children: Annual report 2011, para. 11c | Aug 19, 2019 | Paragraph | [In 2011, the Special Representative has, within the overall framework of her priority agenda, placed a special emphasis on:] Promoting the establishment of safe and child-sensitive counselling, reporting and complaint mechanisms to address incidents of violence against children, including children with disabilities; | Special Representative of the Secretary-General on violence against children | SRSG report |
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| 2011 | ||
Multiple and intersecting forms of discrimination and violence against women 2011, para. 15 | Aug 19, 2019 | Paragraph | In 1989, the Committee on the Elimination of Discrimination against Women explicitly linked gender-based violence and discrimination against women in its general recommendation No. 12 and called on States parties to include in their reports information on violence and on measures introduced to deal with it. Between 1989 and 1992, the Committee issued a series of general recommendations that addressed some rights violations experienced at the intersection of inter- and intra-gender sex discrimination and violence against women. In 1992 it issued general recommendation No. 19 both to define gender-based violence and to make it discrimination on the grounds of sex within the meaning of the Convention. Much of what is set forth in general recommendation No. 19 is reiterated and refined in the Declaration on the Elimination of Violence against Women. CEDAW has also addressed the impact of intersecting forms of discrimination against women and its nexus with gender-based violence. Most recently, in general recommendation No. 27, which deals with the rights of older women, it recognizes that age and sex make older women vulnerable to violence, and that age, sex and disability make older women with disabilities particularly vulnerable. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2011 | ||
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 92f | Aug 19, 2019 | Paragraph | [Specific activities to promote child participation in order to prevent sale and exploitation include:] Avenues for participation that are age and gender appropriate and accessible for children with disabilities. | Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material | Special Procedures' report |
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| 2013 | ||
Violence against women 1998, para. k | Aug 19, 2019 | Paragraph | [Actions to be taken by Governments and civil society, including non-governmental organizations:] Recognize that women and girls with disabilities, women migrants and refugee women and girls could be particularly affected by violence, and encourage the development of programmes for their support; | Commission on the Status of Women | CSW Agreed Conclusions / Declaration |
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| 1998 | ||
Violence against women 1998, para. d | Aug 19, 2019 | Paragraph | [Actions to be taken by Governments:] Sponsor community-based research and national surveys, including the collection of disaggregated data, on violence against women, with regard to particular groups of women, such as women with disabilities, migrant women workers and trafficked women; | Commission on the Status of Women | CSW Agreed Conclusions / Declaration |
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| 1998 | ||
Adequacy of the international legal framework on violence against women 2017, para. 34 | Aug 19, 2019 | Paragraph | Civil society organizations called for more support for women’s organizations on the ground, underlining that women human rights defenders faced daily threats and harassment, and needed greater protection. At the same time, more regulations addressing violence against particular groups of women, such as women belonging to minority groups; migrants; lesbian, gay, bisexual and transgender persons; elderly women; women with disabilities; and widows, were also supported. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 30 | Aug 19, 2019 | Paragraph | While United Nations human rights instruments, mechanisms and agencies have recognized that the forced sterilization of persons with disabilities constitutes discrimination, a form of violence, torture and other cruel, inhuman or degrading treatment, the practice is still legal and applied in many countries. Across the globe, many legal systems allow judges, health-care professionals, family members and guardians to consent to sterilization procedures on behalf of persons with disabilities as being in their “best interest”, particularly for girls with disabilities who are under the legal authority of their parents. The practices are often conducted on a purported precautionary basis because of the vulnerability of girls and young women with disabilities to sexual abuse, and under the fallacy that sterilization would enable girls and young women with disabilities who are “deemed unfit for parenthood” to improve their quality of life without the “burden” of a pregnancy. However, sterilization neither protects them against sexual violence or abuse nor removes the State’s obligation to protect them from such abuse. Forced sterilization is an unacceptable practice with lifelong consequences on the physical and mental integrity of girls and young women with disabilities that must be immediately eradicated and criminalized. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Gender-based violence against women, updating general recommendation No. 19 2017, para. 31a (ii) | Aug 19, 2019 | Paragraph | [The Committee recommends that States parties implement the following protective measures:] Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: Providing appropriate and accessible protective mechanisms to prevent further or potential violence, without the precondition that victims/survivors initiate legal action, including through removal of communication barriers for victims with disabilities. Mechanisms should include immediate risk assessment and protection comprising a wide range of effective measures and, where appropriate, the issuance and monitoring of eviction, protection, restraining or emergency barring orders against alleged perpetrators, including adequate sanctions for non-compliance. Protective measures should avoid imposing an undue financial, bureaucratic or personal burden on women who are victims/survivors. The rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, including with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2017 | ||
SRSG on violence against children: Annual report 2015, para. 123 | Aug 19, 2019 | Paragraph | In some communities, certain incidents of violence reflect harmful beliefs towards particularly marginalized girls, including those with disabilities or albinism, who may be accused of witchcraft. As a result, those girls endure stigmatization and are the victims of serious acts of violence, neglect, abandonment, mutilation and murder. | Special Representative of the Secretary-General on violence against children | SRSG report |
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| 2015 | ||
SRSG on violence against children: Annual report 2014, para. 22 | Aug 19, 2019 | Paragraph | The most vulnerable children are at the greatest risk of violence, including girls, children with disabilities, children who migrate, children who are confined to institutions, and children whose poverty and social exclusion expose them to deprivation, to neglect and, at times, to the inherent dangers of life on the streets. | Special Representative of the Secretary-General on violence against children | SRSG report |
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| 2014 | ||
SRSG on violence against children: Annual report 2012, para. 53 | Aug 19, 2019 | Paragraph | For vulnerable groups of children, including girls, children with disabilities, children belonging to minorities or indigenous groups, or affected by HIV, these efforts need to be redoubled. They face particular challenges in gaining access to schooling and in remaining in school. They are more likely to be subjected to violence, or disregarded when they seek advice or report incidents of violence. As a result, they may end up choosing not to report violence for fear of drawing attention. | Special Representative of the Secretary-General on violence against children | SRSG report |
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| 2012 | ||
Violence against women with disabilities 2012, para. 61 | Aug 19, 2019 | Paragraph | Women with disabilities face specific discrimination and targeted violence primarily because of their disability status, owing to bias among individuals and communities. For example, in some cultural and religious traditions disability is viewed as a symbol of "evil" or "sin" committed by the person or family members, thus justifying violence. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2012 | ||
Violence against women with disabilities 2012, para. 40 | Aug 19, 2019 | Paragraph | Violence against women may be permitted by law or carried out under the authority of the State. States may fail to fulfil their obligation to respond to and prevent violence against women with disabilities either through the adoption and implementation of laws and practices that directly violate rights, or by failing to adopt and implement laws and practices that uphold rights. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2012 | ||
Violence against women with disabilities 2012, para. 38 | Aug 19, 2019 | Paragraph | In institutional settings, women with disabilities are subjected to numerous forms of violence, including the forced intake of psychotropic drugs or other forced psychiatric treatment. Furthermore, forced institutionalization itself constitutes a form of violence. People with mental health conditions and intellectual disabilities are sometimes subject to arbitrary detention in long-stay institutions with no right of appeal, thereby robbing them of their legal capacity. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2012 | ||
Violence against women with disabilities 2012, para. 34 | Aug 19, 2019 | Paragraph | In domestic violence situations, women with disabilities may fear reporting or leaving an abuser because of emotional, financial or physical dependence; they may also fear losing custody of their children. Barriers to accessing justice further complicate their ability to seek redress and protection, thereby allowing for the continuation of the abuse. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2012 | ||
Multiple and intersecting forms of discrimination and violence against women 2011, para. 72 | Aug 19, 2019 | Paragraph | Within some countries, identifiable subgroups of women are marginalized on the basis of racial, ethnic, religious, cultural and social ideologies and prejudices which reflect disproportionate impact on or justifiable targeting of subgroups of women. For example, women from particular racial and ethnic groups, those with disabilities and poor women, have been the target of forced sterilization and other coercive birth control measures. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2011 | ||
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 80 | Aug 19, 2019 | Paragraph | Persons with disabilities are particularly affected by forced medical interventions, and continue to be exposed to non-consensual medical practices (A/63/175, para. 40). In the case of children in health-care settings, an actual or perceived disability may diminish the weight given to the child's views in determining their best interests, or may be taken as the basis of substitution of determination and decision-making by parents, guardians, carers or public authorities. Women living with disabilities, with psychiatric labels in particular, are at risk of multiple forms of discrimination and abuse in health-care settings. Forced sterilization of girls and women with disabilities has been widely documented. National law in Spain, among other countries, allows for the sterilization of minors who are found to have severe intellectual disabilities. The Egyptian Parliament failed to include a provision banning the use of sterilization as a "treatment" for mental illness in its patient protection law. In the United States, 15 states have laws that fail to protect women with disabilities from involuntary sterilization. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2013 | ||
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 59 | Aug 19, 2019 | Paragraph | Severe abuses, such as neglect, mental and physical abuse and sexual violence, continue to be committed against people with psychosocial disabilities and people with intellectual disabilities in health-care settings. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
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| 2013 | ||
The right of the child to freedom from all forms of violence 2011, para. 23c | Aug 19, 2019 | Paragraph | [Children with disabilities may be subject to particular forms of physical violence such as:] Deliberate infliction of disabilities on children for the purpose of exploiting them for begging in the streets or elsewhere. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2011 | ||
The right of the child to freedom from all forms of violence 2011, para. 23b | Aug 19, 2019 | Paragraph | [Children with disabilities may be subject to particular forms of physical violence such as:] Violence in the guise of treatment (for example electroconvulsive treatment (ECT) and electric shocks used as "aversion treatment" to control children's behaviour); and | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2011 | ||
The rights of children with disabilities 2007, para. 43i | Aug 19, 2019 | Paragraph | [In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as:] Ensure the treatment and re-integration of victims of abuse and violence with a special focus on their overall recovery programmes. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2007 | ||
The rights of children with disabilities 2007, para. 43h | Aug 19, 2019 | Paragraph | [In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as:] Take all necessary legislative measures required to punish and remove perpetrators from the home ensuring that the child is not deprived of his or her family and continue to live in a safe and healthy environment; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2007 | ||
The rights of children with disabilities 2007, para. 43g | Aug 19, 2019 | Paragraph | [In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as:] Establish an accessible, child-sensitive complaint mechanism and a functioning monitoring system based on the Paris Principles (see paragraph 24 above); | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2007 | ||
The rights of children with disabilities 2007, para. 43d | Aug 19, 2019 | Paragraph | [In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as:] Ensure that children and caregivers know that the child is entitled as a matter of right to be treated with dignity and respect and they have the right to complain to appropriate authorities if those rights are breached; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2007 | ||
The rights of children with disabilities 2007, para. 43c | Aug 19, 2019 | Paragraph | [In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as:] Provide and encourage support groups for parents, siblings and others taking care of the child to assist them in caring for their children and coping with their disabilities; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2007 | ||
The rights of children with disabilities 2007, para. 42e | Aug 19, 2019 | Paragraph | [Children with disabilities are more vulnerable to all forms of abuse be it mental, physical or sexual in all settings, including the family, schools, private and public institutions, inter alia alternative care, work environment and community at large. It is often quoted that children with disabilities are five times more likely to be victims of abuse. In the home and in institutions, children with disabilities are often subjected to mental and physical violence and sexual abuse, and they are also particularly vulnerable to neglect and negligent treatment since they often present an extra physical and financial burden on the family. In addition, the lack of access to a functional complaint receiving and monitoring mechanism is conducive to systematic and continuing abuse. School bullying is a particular form of violence that children are exposed to and more often than not, this form of abuse targets children with disabilities. Their particular vulnerability may be explained inter alia by the following main reasons:] Children with disabilities are often wrongly perceived as being non-sexual and not having an understanding of their own bodies and, therefore, they can be targets of abusive people, particularly those who base abuse on sexuality. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2007 |