Protecting the integrity of the person
Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others. (Article 17)
Obligations
This article is an extension of the right to liberty and security of the person. It is framed as a broad principle that specifically emphasises both the physical and mental integrity of persons with disability. The article imposes the obligation to respect the integrity of the person, which in context means to refrain from interference with the body and mind (including emotional and cognitive processes) of the person. The standard of non-interference requires that persons with disabilities should not be treated any differently from persons without disabilities.
Under Australian law, this may lead to some ambiguity where it is a characteristic of disability that is the basis for a compulsory intervention. Generally, such behaviour in the absence of disability would also lead to compulsory intervention. There are concerns that interventions are often the first resort rather than the last resort.
Indicators
• Persons with disability are not subject to interference with their physical integrity.
• Persons with disability not subject to interference with their mental integrity.
Example
The right to protection of the integrity of the person will be particularly relevant to people who through their work are involved in:
• Working with people who undergo compulsory treatment within the health sector or are exposed to various other medical treatment measures.