FYI.
In a major speech to the Conference of State Parties, Mohammed Al-Tarawneh
Chair of UN Disability Convention Expert Committee states Laws negating
criminal responsibilty and supporting involuntary internment of certain
disabilities must be abolished.
"The recognition of equality before the law for persons with
disabilities is also a central component to the convention. The rights
afforded in the convention include those of self determination, alternative
and augmentative communication, and supported decision making. This also
means that in the area of criminal law, recognition of the legal capacity of
persons with disabilities requires abolishing a defence based on the
negation of criminal responsibility because of the existence of a mental or
intellectual disability. Instead disability-neutral doctrines on the
subjective element of the crime should be applied, which take into
consideration the situation of the individual defendant.
The CRPD represents a strong break from the previous
international human rights law regarding the involuntary or compulsory
interning of persons with disabilities. Prior to the entrance into force of
the Convention, the existence of a mental disability represented a lawful
ground for deprivation of liberty and detention under certain national legal
systems. The Convention radically departs from this approach by forbidding
deprivation of liberty based on the existence of any disability, including
mental or intellectual, as discriminatory. Article 14, paragraph 1 (b), of
the Convention unambiguously states that "the existence of a disability
shall in no case justify a deprivation of liberty". Laws authorizing the
compulsory interning of persons with certain forms of disability must be
abolished, and detention laws which lead to the restriction of liberty must
be defined neutrally so as to be applicable to all persons equally, not on
the basis and with the sole reason of a disability of a person."
----- Original Message -----
From: Tromel Sturmer, Stefan
To: [log in to unmask]
Cc: [log in to unmask]
Sent: Friday, September 04, 2009 3:31 AM
Subject: [IDA_CRPD_Forum] RV: Your presentation yesterday
Dear all,
Please find attached the presentation delivered by the Chair of the CRPD
Committee, Mohammed Al-Tarawneh during yesterday's opening session.
I am sure you will find it interesting.
Kind regards
Stefan
________________End of message________________
This Disability-Research Discussion list is managed by the Centre for Disability Studies at the University of Leeds (www.leeds.ac.uk/disability-studies).
Enquiries about list administration should be sent to [log in to unmask]
Archives and tools are located at:
www.jiscmail.ac.uk/lists/disability-research.html
You can VIEW, POST, JOIN and LEAVE the list by logging in to this web page.
|