Category Archives: persons with disabilities

CRPD Finds Violence Based on Albinism Discriminatory

Palais des Nations in Geneva, Switzerland
Credit: Eferrante via Wikimedia Commons

In a recent opinion, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) held that Tanzania’s failure to protect an individual with albinism from violence and discrimination constitutes a violation of the country’s obligations under the International Convention on the Rights of Persons with Disabilities (ICRPD). [OHCHR Press Release] See Committee on the Rights of Persons with Disabilities, Mr. X v. Tanzania, Communication No. 22/2014, Views of 31 August 2017, UN Doc. CRPD/C/18/D/22/2014, paras. 8.1-8.7. The case concerned a man who was attacked and dismembered by men who targeted him due to his albinism. [OHCHR Press Release] Although the victim claimed to know the identity of the perpetrators, Tanzanian prosecutors dropped his case and failed to continue their investigation. [OHCHR Press Release] See CRPD, Mr. X v. Tanzania, para. 2.2. In its August 31, 2017 communication, the CRPD held that failing to investigate and prosecute an attack resulting in dismemberment as the result of the victim’s albinism constitutes discrimination based on a disability in violation of the ICRPD. See id. at paras. 8.1-8.4. In addition to a violation of the right to non-discrimination under Article 5 of the ICRPD, the Committee also held that Tanzania violated the rights to prohibition of torture and cruel, inhuman, or degrading treatment or punishment, and to personal integrity under articles 15 and 17 of the Convention, respectively. See id. at paras. 8.5-8.7. Tanzania has one of the highest rates of albinism in the world, and people with albinism in the country frequently face various forms of violence and discrimination, both of which are often conducted with impunity. See Human Rights Council, Resolution 28/75, Report of the Human Rights Council Advisory Committee on the study on the situation of human rights of persons living with albinism, UN Doc. A/HRC/28/75, 10 February 2015, paras. 18, 26-34. Read more

Lack of Psychiatric Services in Language Detainee Understands Violates Rights

European Court of Human Rights
Credit: Adrian Grycuk via Wikimedia Commons

The European Court of Human Rights (ECtHR) held last week that Belgium violated the rights of Rene Rooman – a prisoner with mental health problems who only speaks German – because the State failed to provide access to a psychologist who could also speak German. See ECtHR, Rooman v. Belgium, no. 18052/11, ECHR 2017, Judgment of 18 July 2017 (in French). Following a criminal conviction in 1997, Rooman, a Belgian and German national, was put in detention and later placed in a psychiatric institution in Paifve. [ECtHR: Press Release] Rooman’s application before the ECtHR alleged violations of the prohibition of inhuman or degrading treatment and the right to liberty and security enshrined in articles 3 and 5 of the European Convention on Human Rights (European Convention), respectively. [ECtHR: Press Release] The ECtHR took into account prior efforts made by mental health bodies in the Paifve institution, but found that the national authorities’ failure to provide him with a psychologist who could speak German, one of three official languages in Belgium, was a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention because it caused Rooman distress that exceeded the unavoidable level of suffering that is inherent in detention. [ECtHR: Press Release] The ECtHR also considered whether there had been a violation of Article 5 (the right to liberty) but did not find a violation because Rooman was held in a facility appropriate for a person with a mental health disability. [ECtHR: Press Release] The European Court has previously held that when a State detains someone with a mental health disability and does not provide adequate medical care to the detriment of the detainee’s health, the State has violated the right to prohibition of inhuman or degrading treatment. See, e.g., ECtHR, Claes v. Belgium, no. 43418/09, ECHR 2013, Judgment of 10 January 2013. Read more

Human Rights Council Establishes Special Rapporteur on Leprosy, Renews Ten Others

The current President of the Human Rights Council stands with former presidents at the start of the 32nd Session
Credit: UN Photo/Jean-Marc Ferré

The United Nations Human Rights Council created or extended 11 special procedure mandates during its 35th regular session through the adoption of resolutions, including one that created the Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members. During the session, held from June 6 to June 23, 2017 in Geneva, Switzerland, the Human Rights Council also extended the mandates of eight thematic and two country special procedure mandates. [OHCHR Press Release: 35th Session] The new mandate on the elimination of discrimination against persons affected by leprosy and their family members is established for a period of three years, with a mandate to monitor the progress of the implementation of the principles for the elimination of such discrimination; to identify and promote good practices; and to report on an annual basis to the Human Rights Council, a UN intergovernmental group that tracks human rights conditions in the UN Member States and is responsible for creating special procedures, or independent experts who report and give advice on particular human rights issues. [OHCHR Press Release: Leprosy] Read more

News Clips- May 26, 2017

United Nations Security Council discusses South Sudan
Credit: UN Photo/Evan Schneider

Civil Society

  • On Wednesday, after eight weeks of protests, the death toll in Venezuela rose to 56 people. [LA Times]
  • On Wednesday, anti-government protesters in Brazil set fire to a ministry building, and in response, President Michel Temer gave the army policing power to restore order. [Reuters]

Violence & Humanitarian Crises

  • On Wednesday, a bombing in Somalia, claimed by al-Shabaab, killed five and injured six civilians. [Reuters]
  • On Tuesday, two United Nations peacekeepers were killed in Mali. [Washington Post]
  • On Monday, at least 22 people were killed in a suicide bombing at a concert in Manchester, Britain. [Guardian]
  • On Friday, a United Nations report concluded that soldiers in South Sudan responsible for killing more than 100 civilians between July 2016 and January 2017 may be liable for war crimes or crimes against humanity. [Newsweek]

LGBTI

  • On Wednesday, the Constitutional Court in Taiwan ruled in favor of same-sex marriage, allowing Taiwan’s legislature two years to amend its laws. [Washington Post]
  • On Monday, 100 men were arrested in Indonesia in a raid on a gay sauna. [Guardian]
  • On Friday, 27 men were arrested in Bangladesh based on suspicions that they are gay. [Washington Post]

Activities of International Bodies

  • On Wednesday, the Inter-American Commission on Human Rights created three new thematic units: the Unit on the Rights of Persons with Disabilities; Unit on Memory, Truth, and Justice; and Unit of the Rights of Older Persons. [IACHR Press Release]
  • On Wednesday, the United Nations Office of the High Commissioner for Human Rights launched guidelines for the proper investigation of unlawful killings. [OHCHR Press Release]
  • This week, a panel supported by the United Nations publicly released a draft of a treaty that would ban the possession and use of all nuclear weapons. [Guardian]
  • On Friday, the European Parliament passed a resolution requesting a United Nations-led investigation into the killing of protesters in Ethiopia. [HRW]

Migrants, Asylum Seekers, & Refugees

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