CYIL vol. 15 (2024)

VIOLETA VASILIAUSKIENĖ, BIRUTĖ PRANEVIČIENĖ The need for strong legal provisions, including a severe judicial response and enhanced penalties for hate crimes on a range of grounds including disability, has been identified by the Council of Europe’s Commissioner for Human Rights. 35 In several European countries, there are no laws in place which deal with aggravated offences on the grounds of disability, and it appears that relatively few countries keep records of such crimes. In countries that have adopted such laws, for example the United Kingdom, it appears that both the reporting of these crimes and the rate of prosecution for reported crimes have been low. 36 As Cadwallader states, “insofar as the CRPD elucidates a range of obligations relevant to violence, abuse, torture and ill-treatment, the treaty also has great potential for addressing interpersonal and institutional forms of violence routinely experienced by people with disability. Indeed, in many respects, the CRPD offers a more strongly articulated set of rights in relation to freedom from violence than other core treaties, such as the Convention on the Elimination of All Forms of Discrimination against Women.” 37 The rights of people with disabilities to be free from violence are closely linked with other rights under the CRPD, such as the right to live independently and choose their place of residence (Article 19), which effectively prohibits restrictive institutional support models. Progress has been observed in policies related to protection from torture and ill-treatment. Within the UN system, there is growing recognition of issues related to ill-treatment of people with disabilities in disability support and healthcare settings, as highlighted by Special Rapporteurs on torture and other cruel, inhuman, or degrading treatment or punishment. 38 The Committee on the Rights of Persons with Disabilities is the body of 18 independent experts monitoring the implementation of the CRPD by the States parties. Article 35 of the Convention indicates that “Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned.” 39 Subsequent reports are submitted at least every four years or whenever the Committee requests. The Committee examines each report and makes recommendations to strengthen the implementation of the Convention in that State. It forwards these recommendations, in the form of concluding observations, to the State party concerned. 40 The Optional Protocol 41 which entered into force at the same time as the Convention, also allows the Committee to receive and examine individual complaints; and undertake inquiries in the case of reliable evidence of grave and systematic violations of the Convention. 35 Council of Europe Commissioner for Human Rights HAMMARBERG, T. ‘Hate crimes – the ugly face of racism, anti-Semitism, anti-Gypsyism, Islamophobia and homophobia’ 21 July 2008 < https://www.coe.int/ lt/web/commissioner/-/hate-crimes-the-ugly-face-of-racism-anti-semitism-anti-gypsyism-islamophobia-and homophobia> accessed 14 June 2024. 36 CLIFFORD, J. ‘The UN Disability Convention and its Impact on European Equality Law’ (2011) The Equal Rights Review, Vol. 6, 11. 37 CADWALLADER, J. R., SPIVAKOVSKY, C., STEELE, L., WADIWEL, D. ‘Institutional Violence against People with Disability Recent Legal and Political Developments’ (2018) 29 Current Issues Crim Just 259. 38 Ibid. 39 The Convention n (7), Art. 35. 40 ‘Introduction to the Committee. Committee on the Rights of Persons with Disabilities’ accessed 11 June 2024. 41 The Convention n (7), Art. 15.

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