CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ INTERNATIONAL AND DOMESTIC PROTECTION FROM VIOLENCE OF PERSONS … stresses that “policies should include monitoring of institutions and systematic identification and investigation in case violence, crimes or abuse occurs.” 60

3. The implementation of Article 16 CRPD in Lithuanian social care system

3.1 The obligations of Lithuania according to CRPD: reporting to the Committee on the Rights of Persons with Disabilities Lithuania has ratified the CRPD in 2010. Lithuania is now in the second/third reporting cycle to the Committee on the Rights of Persons with Disabilities (hereinafter – Committee). The first report of the Committee of 11 May 2016 on the first report of Lithuania according to CRPD underscored its concern “about reported violence and unwarranted restriction of freedom of movement, including isolation, as a form of punishment in social care and psychiatric institutions.” 61 The Committee recommended to Lithuania to: 1. Improve monitoring and inspection of social care homes and psychiatric institutions to prevent violence against and abuse of residents with disabilities; 2. Ensure that persons deprived of their liberty have access to independent complaints mechanisms; 3. Provide adequate remedies to victims of abuse, such as redress and adequate compensation, including rehabilitation 62 . Furthermore, the Committee expressed concern about “the high number of reports of women, boys and girls with intellectual and psychosocial disabilities facing violence and abuse, including sexual abuse, at institutions and at home; the lack of targeted measures such as the provision of accessible victim support services, including shelters and complaints and reporting mechanisms; the absence of independent monitoring authorities assigned to comply with article 16 (3) of the Convention; the lack of statistical data on exploitation, violence, trafficking and abuse in homes, schools, institutions, hospitals and prisons disaggregated by, among others, sex, age and disability.” 63 In the context of protection from violence the Committee recommended that Lithuania “strengthen[s] the protection of persons with disabilities, particularly women and girls with disabilities, against violence, exploitation and abuse, as recommended by the Committee on the Elimination of Discrimination against Women (CEDAW/C/LTU/CO/4), by establishing inclusive and accessible victim support services, including accessible hotlines, shelters and complaints and reporting mechanisms. The Committee also recommends that the State party strengthen awareness-raising efforts and the training of police officers, health professionals and social workers, among others, with a view to supporting persons with disabilities who have been affected by violence. The Committee recommends that the State party adopt and allocate sufficient funds to awareness-raising measures, that it collect disaggregated data and that it designate independent authorities to monitor services and facilities.” 64 60 Ibid, p. 22. 61 Committee on the Rights of Persons with Disabilities ‘Concluding observations on the initial report of Lithuania’, CRPD/C/LTU/CO/1 accessed 14 June 2024, para. 32.

62 Ibid, para. 33 63 Ibid, para. 34. 64 Ibid, paras. 35–36.

89