Freedom from exploitation, violence and abuse
States Parties shall 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.
States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognise and report instances of exploitation, violence and abuse. State Parties shall ensure that protection services are age-, gender- and disability sensitive.
In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.
State Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social re-integration 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 re-integration 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.
States Parties shall 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)
Obligations
This article requires State Parties to take all appropriate measures to protect persons with disability from all forms of exploitation, violence and abuse. This includes the enactment of laws, the establishment or enhancement of protection services, the development of policies and programmes, and the pursuit of education strategies to protect persons with disability from exploitation, violence and abuse, and to ensure the identification, investigation and prosecution of these harms when they occur. The article encompasses harms committed in both the private and public spheres (in and outside the home). It focuses specific attention on those harms that have a gender and age-related dimension, and requires State Parties to ensure that all laws, policies, programmes and services relating to the detection, investigation and prosecution of these harms are age, gender and disability sensitive. The article emphasises the State Party obligation to educate persons with disability, their families and carers about the avoidance, recognition and reporting of instances of violence, exploitation and abuse. Paragraph 3 of the article focuses specific attention on the vulnerability of persons with disability to harm in specialist services, for example, institutional accommodation services. It requires State Parties to ensure effective, independent monitoring of all specialist facilities and programmes for persons with disability as a safeguard against exploitation, violence and abuse. Paragraph 4 requires State Parties to ensure that appropriate measures are in place to ensure the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disability who are victims of harm. State Parties are further required to ensure that recovery, rehabilitation, and social reintegration services are delivered in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person. This obligation is particularly directed to ensuring that persons with disability are not institutionalised or further brutalised in response to their experience of harm.
Indicators
• Persons with disability are effectively protected from all forms of exploitation, violence and abuse.
• Protection from exploitation, violence and abuse is effective both within and outside the home (that is, both in the public and private spheres).
• Women and girls with disability are effectively protected from all forms of exploitation, violence and abuse that have a gender dimension.
• Children and young persons with disability and older persons with disability are effectively protected from all forms of exploitation, violence and abuse that have an age dimension.
• Persons with disability, their families and carers are effectively informed and educated in relation to strategies to avoid, detect and report all forms of exploitation, violence and abuse.
• There are effective laws and policies that ensure that harms against persons with disability are identified, investigated and prosecuted.
• Laws, policies, programmes, protective and other services that relate to the prevention, detection, investigation and prosecution of harms against children and adults with disability are age, gender and disability sensitive.
• All specialist facilities and programmes for persons with disability are effectively monitored by independent authorities to safeguard against exploitation, violence and abuse of persons with disability.
• Persons with disability who are victims of harm have access to effective recovery, rehabilitation and social re-integration programmes and services.
• Recovery, rehabilitation and reintegration programmes for persons with disability who are victims of harm are provided in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person.
• Recovery, rehabilitation and reintegration programmes for persons with disability who are victims of crime are responsive to age and gender-related needs.
Example
The right to freedom from exploitation, violence and abuse will be particularly relevant to people who through their work are involved in:
• Working with people who have had exposure to exploitation, violence and abuse in the public or private spheres
• Supporting people in accessing services empowering them to their entitlement to freedom from such experiences