Experts of Committee on Rights of Persons with Disabilities Raise Questions about Medical Approach to Disability Used

OHCHR

Committee Holds a Minute of Silence in Memory of Committee Expert Soumia Amrani of Morocco who Passed Away

The Committee on the Rights of Persons with Disabilities today concluded its consideration of the initial report of France after its Experts raised questions about its medical approach to disability, issues related to consent, and the education of children with disabilities, among others.

At the beginning of the first meeting, Rosemary Kayess, Chair of the Committee on the Rights of Persons with Disabilities, announced that the disability rights movement had lost a true champion in Committee Expert Soumia Amrani of Morocco, a well-known and well-respected advocate for the rights of people with disability, in particular autistic people. Her tragic passing on Wednesday, 18 August 2021 from coronavirus was marked by holding a minute of silence.

Committee Experts welcomed recent measures by France but noted that they were often not aligned with the Convention, given the fact that France adopted a medical approach to persons with disabilities. The 2005 law that set the medical approach was the main sticking point, particularly article 1, which created confusion between medical associations and organizations of persons with disabilities. This led to systemic discrimination against persons with disabilities - how could France move to a rights-based model? In line with this medical approach, France seemed to support the Additional Protocol to the Oviedo Convention that allowed for a deprivation of liberty for persons with disabilities, in a clear violation of their human rights. Was the State party willing to oppose the adoption of this protocol?

Committee Experts said they had been made aware of inhumane and degrading conditions of custodial measures in residential facilities, including forced medication, solitary confinement, and convulsive therapy without consent. Were there any plans to discontinue the institutionalisation of persons with disabilities, ensuring necessary support for living independently? There were allegations of forced psychiatric drug administration, as well as forced chemical treatments and hospitalisation. Was the State party ready to abolish all legislation related to forced hospitalisation, as it constituted an act of torture?

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