Detainees with disabilities in Europe
- Parliamentary Assembly
adopted by the Standing Committee, acting on behalf of
the Assembly, on 1 June 2018 (see Doc. 14557, report of the Committee on Equality and Non-Discrimination,
rapporteur: Mr Manuel Tornare; and Doc. 14561, opinion of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Pierre-Alain Fridez).
The Parliamentary Assembly refers
to its Resolution 2223
on detainees with disabilities in Europe, in which
it calls on member States to take a number of measures to prevent
the imprisonment of persons whose condition is incompatible with
detention and to ensure that the fundamental principles of equality
of treatment, non-discrimination, reasonable accommodation and accessibility
are respected in the case of detainees with disabilities.
2 The Assembly underlines the obligations arising notably under
the European Convention on Human Rights (ETS No. 5) and the United
Nations Convention on the Rights of Persons with Disabilities, the
relevant rules in Recommendation Rec(2006)2 of the Committee of
Ministers to member states on the European Prison Rules and the
United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules), and the recommendations of the European
Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT).
3 The Assembly nevertheless regrets the lack of specific attention
paid by member States and international instruments to the situation
of detainees with disabilities. In many cases, the conditions of detention
of persons with disabilities have been found to be degrading and
discriminatory. It stresses that situations where deprivation of
liberty leads to a deprivation of dignity must not be tolerated.
The Assembly therefore invites the Committee of Ministers
4.2 encourage member States to collect and share statistics
on all disability situations found in prisons;
take without delay the measures envisaged in its reply
to Assembly Recommendation 2082 (2015)
the fate of critically ill detainees in Europe;
4.4 undertake a comprehensive study on the legislation and
practice in all member States relating to provision for disability
in the criminal justice and prison system, with a view to identifying
best practices and adopting guidelines in this area.