CYIL vol. 15 (2024)

VIOLETA VASILIAUSKIENĖ, BIRUTĖ PRANEVIČIENĖ treatment or punishment. It states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.” 28 Furthermore, Article 16 29 deals with the freedom from exploitation, violence and abuse. It requires the States Parties to take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects. It also requires the States Parties to provide appropriate 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. The Convention requires monitoring of facilities and programmes designed to serve persons with disabilities. Furthermore, the Convention requires the states to 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. Lastly, the Convention requires to 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. Article 16 of the CRPD places significant obligations on States Parties to adopt laws and policies to protect the safety of persons with disabilities. While legislation is a crucial first step, these laws need to be supported by awareness-raising campaigns so victims know their rights and reporting procedures. Additionally, training for the judiciary and law enforcement is essential to ensure fair treatment for victims with disabilities, who may struggle to communicate their experiences effectively. Underreporting of violence against persons with disabilities can be attributed to law enforcement’s uncertainty in handling such cases. Therefore, implementing measures to protect persons with disabilities from violence must include training for officials to create a supportive reporting environment. Lessons from addressing discrimination based on race or sex can inform policies on violence and hate crimes against persons with disabilities. Effective communication pathways are crucial, especially for those with communication challenges. Issues like legal capacity and reasonable accommodation present unique challenges but are addressed by the clear standards of the CRPD, which guide States Parties in improving equality for persons with disabilities. 30 Article 16 of the CRPD complements and strengthens the mandate of National Preventive Mechanisms. A National Preventive Mechanism (NPM) is a body established by a country to monitor and prevent torture, cruel, inhuman, or degrading treatment in places where 28 The Convention n (7), Art. 15. 29 Ibid, Art. 16. 30 CLIFFORD, J. ‘The UN Disability Convention and its Impact on European Equality Law’ (2011) The Equal Rights Review , Vol. 6, 11, p. 17.

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