CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ INTERNATIONAL AND DOMESTIC PROTECTION FROM VIOLENCE OF PERSONS … European Union found that 80 % of women with disabilities had experienced violence and were four times more likely to have experienced sexual violence than other women. It also pointed out that 80 % of women with disabilities living in institutions had been exposed to violence by people around them, whether they were health, service or care workers.” 23 “Institutional violence against people with disability takes many forms, including financial abuse (or theft), emotional abuse, neglect, and physical and sexual violence. It frequently occurs behind closed doors with victims having very limited access to means of reporting violence, and with limited oversight of what occurs within these institutions” 24 . In conclusion, people with disabilities are at a higher risk of experiencing violence, understood not only as physical or sexual abuse, but also as psychological, emotional, financial, etc., and given their specific disabilities, it is noticeable that reporting mechanisms and monitoring are limited. 2.1 Universal international protection for persons with disability The Convention on the Rights of Persons with Disabilities (hereinafter – Convention of CRPD) and its Optional Protocol was adopted on 13 December 2006 in New York. It opened to signatures on 30th March 2007 and came into force on 3rd May 2008 following ratification by the 20th State party 25 . Before this convention, individuals with disabilities were safeguarded by various general human rights treaties. “Despite receiving nominal protection under general human rights conventions, persons with disabilities have had many of their human rights denied to them.” 26 Gradually, the perspective on the rights of persons with disabilities evolved, and more and more countries gradually joined the Convention. As of August 2021, the Convention had 183 State parties and was the first Human Rights Treaty to be ratified by a regional integration organization, the European Union. The Convention adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptation have to be made for persons with disabilities to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must be reinforced. 27 Articles 15 and 16 are related to the protection of persons with disabilities from violence in institutions. Article 15 establishes freedom from torture or cruel, inhuman or degrading 23 GONZÁLEZ-ALONSO, M. Y., ACEVES-DÍEZ, R., VICENTE-RINCÓN, E., SÁNCHEZ-BLANCO, M., MERINO-OLMOS, A. ‘Violence and abuse against women with disabilities: Relevance for professionals in Spain’ (2023) Women’s Studies International Forum , 100, https://doi.org/10.1016/j.wsif.2023.102795. 24 CADWALLADER, J.R., SPIVAKOVSKY, C., STEELE, L., WADIWEL, D. ‘Institutional Violence against People with Disability Recent Legal and Political Developments’ (2018) 29 CURRENT ISSUES OF CRIMINAL JUSTICE, p. 259. 25 The Convention n (7). 26 HARPUR, P. ‘Embracing the new disability rights paradigm: the importance of the Convention on the Rights of Persons with Disabilities’ (2011) 27 (1) Disability & Society 1–14 accessed 8 June 2024. 27 ‘Background to the Convention. Committee on the Rights of Persons with Disabilities’ accessed 8 July 2024. 2. International protection for persons with disability

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