Table 12: Disability and protection against exploitation, violence and abuse
Examples of Human Rights Violations
- Students with disabilities experience higher rates of corporal punishment.
- State systematically fails to prosecute persons responsible for violence and abuse against persons with disabilities.
- State fails to develop a strategy to prevent violence against persons with disabilities in either private or public settings.
- Programs and facilities servicing persons with disabilities are not monitored by independent authorities.
- Persons with disabilities are subjected to forced labor.
|Human Rights Standards||Treaty Body Interpretation|
|CRPD 16 (1) States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the, from all forms of exploitation, violence and abuse, including their gender-based aspects.
(2) States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.
(3) In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.
(4) States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.
(5) States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.
|CRPD: expressing concern to Spain that at the reportedly higher rates of abuse of children with disabilities in comparison with other children and recommending that Spain increase efforts to promote and protect the rights of children with disabilities, and to undertake research on violence against children with disabilities, adopting measures to eradicate this violation of their rights. CRPD/C/ESP/CO/1 (2011).
CRPD: recommending that Hungary take effective measures to ensure protection of women, men, girls and boys with disabilities from exploitation, violence and abuse, in accordance with the Convention, amongst others, the establishment of protocols for the early detection of violence, above all in institutional settings, procedural accommodation to gather testimonies of victims, and prosecution of those persons responsible, as well as redress for victims. It also recommends the State party to ensure that protection services are age-, gender- and disability-sensitive and accessible. CRPD/C/HUN/CO/1 (2012).
CRPD: expressing concern by the reported incidents of abduction and forced labor of thousands of persons with intellectual disabilities, especially children, such as the occurrence of slave labor in Shanxi and Henan; and urging China to continue investigating these incidents and prosecute the perpetrators. It also asked the state party to implement comprehensive measures to prevent further abductions of persons with intellectual disabilities and provide remedies to the victims, by including data collection on the prevalence of exploitation, abuse and violence against persons with disabilities. CRPD/C/CHN/CO/1 (2012)
CRPD: expressing concern to Tunisia regarding their high rate of violence for discipline in the home against boys and girls (94%) and recommending that Tunisia evaluate the phenomenon of violence against boys and girls with disabilities. CRPD/C/TUN/CO/1 (2011).
CRPD: encouraging Tunisia to include women and girls with disabilities in the National Strategy for the prevention of violence in the family and society, and to adopt comprehensive measures for them to have access to immediate protection, shelter and legal aid. It requested Tunisia to conduct awareness campaigns and develop educational programmes on the greater vulnerability of women and girls with disabilities with respect to violence and abuse. CRPD/C/TUN/CO/1 (2011).