CYIL vol. 15 (2024)
CYIL 15 ȍ2024Ȏ INTERNATIONAL AND DOMESTIC PROTECTION FROM VIOLENCE OF PERSONS … societal participation. In the EU, definitions vary by country; some focus on social aspects, while others adhere to a medical perspective. A meta-analysis of studies concludes that people with disabilities face higher risks of all violence types, with one in five experiencing violence. An analysis of the scientific literature and legislation identifies the following types of violence: it can be physical, sexual, psychological, or involve deprivation or neglect, all of which can have severe negative outcomes. The most general definition of violence could be formulated as ‘the intentional use of physical force or power that likely results in harm, including physical, psychological, social, and economic consequences’. People with disabilities residing in institutions face high risks of violence, including financial, emotional, physical, and sexual abuse, with limited reporting mechanisms and oversight. Prior to the CRPD, the rights of people with disabilities were covered by general human rights treaties. However, these protections were often insufficient, and many rights were not upheld, highlighting the need for a dedicated convention. The CRPD and its Optional Protocol were adopted to specifically address the rights of people with disabilities. The CRPD came into effect on May 3, 2008, after being ratified by the 20th State party, representing a significant milestone in disability rights. By August 2021, 183 State parties had joined the CRPD, demonstrating widespread international commitment. Corresponding legislative obligations follow: Article 16 of the CRPD mandates that States Parties to enact laws and policies to safeguard persons with disabilities from violence, exploitation, and abuse. These measures must be supplemented with awareness campaigns and training for judicial and law enforcement officials to ensure effective and fair implementation. There is increasing recognition within the UN system of the issues related to the ill-treatment of people with disabilities in support and healthcare settings. The Committee on the Rights of Persons with Disabilities monitors the implementation of the CRPD. States Parties must submit comprehensive reports on their progress, which are reviewed by the Committee. Lithuania ratified the CRPD in 2010 and is in its second/ third reporting cycle to the Committee on the Rights of Persons with Disabilities. The Committee’s initial report highlighted concerns about violence and restrictions in social care and psychiatric institutions, recommending improved monitoring, independent complaints mechanisms, and remedies for victims. Concerns were also raised about violence against women, boys, and girls with disabilities, lack of targeted victim support services, and absence of independent monitoring authorities. Lithuania’s second/third periodic report, submitted in February 2021, noted the adoption of recommendations to prevent violence and sexual abuse in care institutions and reported on training provided to professionals on recognizing sexual abuse against children with disabilities. Regarding Article 15, the Lithuanian Government highlighted existing criminal law measures against torture and cruel treatment but did not report special measures for facilitating access to criminal justice for persons with disabilities in social care institutions. For Article 16, Lithuania detailed efforts to combat human trafficking, hate crimes, domestic violence, and violence in schools, along with training for police and prosecutors. The Committee requested further information on measures to protect persons with disabilities from violence, including early detection protocols, procedural accommodations for victims, and prosecution of offenders. Lithuania responded by outlining case management support for families, funding projects to prevent
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