Detainees with disabilities continue to face a variety of human rights violations. They range from the non-recognition of their disability, difficult living conditions in unsuitable cells, lack of access to treatments, failure to be provided with assistance and support and even ill-treatment and torture. There is also a disproportionate number of persons on the autism spectrum and persons with intellectual and psychosocial disabilities in prison. EDF has advocated for specific recommendations on how to ensure the rights of persons with disabilities in detention.
This is why we welcome the European Commission’s recommendations related to detention conditions in EU Member States, presented on 8 December. They are first step for the recognition of the rights of detainees with disabilities. The document highlights a variety of general principles and specific rights of any persons in pre-trial detention, such as the fact that it should be a measure of last resort, the reasonable suspicion and grounds for pre-trial detention, the length, the effective remedy, the right to appeal, etc.
Specifically on persons with disabilities, the document recognises that “references to appropriate measures to ensure effective access to justice for persons with disabilities should be understood in light of the rights and obligations under the United Nations Convention on the Rights of Persons with Disabilities”. It also refers to:
- The obligation to provide accessibility in detention conditions, including means of communication that allow persons with disabilities to have contact with the outside world;
- The provision of special measures applicable for persons with disabilities and those with medical conditions, especially in relation to access to healthcare.
The recommendations can be used in Member States for discussion and advocacy on the topic.