World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 


UN: Argentine Jail Conditions Violated Prisoner Rights

Argentine Jail Conditions Violated Rights Of Prisoner With Disabilities - UN Committee

GENEVA (16 April 2014) - Argentine authorities failed to ensure that a prisoner with disabilities was able to use prison facilities and services on an equal basis with other detainees and are obliged to take steps to rectify the situation, the UN Committee on the Rights of Persons with Disabilities (CRPD) has found.

Argentina is also obliged to take action to prevent similar violations, including making sufficient and reasonable adjustments when requested, to ensure persons with disabilities can access prison facilities and health care.

The CRPD’s views came after considering a complaint by a prisoner serving a life term. While in pretrial detention, he suffered a stroke which resulted in a cognitive disorder, partial loss of vision and mobility problems requiring him to use a wheelchair.

The petitioner argued that prison conditions were affecting his physical and mental health. He said he could not maintain personal hygiene because he could not get to the bathroom on his own. He also said that he had not received the rehabilitation recommended by his doctors, as it required a 32-km journey by ambulance to a specialist centre that risked aggravating his spinal problems.

The Argentine authorities said that the allegations were generic and groundless, while his application to be held under house arrest was illogical as he would still need to travel to and from the rehabilitation centre.

In their views made public on 16 April 2014, the CRPD members wrote that the petitioner had not established that his rights were violated regarding health care and rehabilitation, nor could they conclude that travel to and from the rehabilitation centre posed a risk to his life.

The CRPD recognised that the Argentine State had removed a step that hindered access to the bathroom and shower, that lifts were working in the prison and that there was a call button to summon round-the-clock assistance. However, the Argentine authorities had not shown that these measures were sufficient, as they did not ensure that the prisoner could access a bathroom able to accommodate a wheelchair, nor could he get to the prison courtyard on his own.

This situation amounted to a breach of the State party’s obligations to guarantee access and to ensure that a person with disabilities who is deprived of his/her liberty is held in reasonable conditions, as set forth in articles 9 and 14 of the Convention on the Rights of Persons with Disabilities,* the CRPD said.
The Committee also held that the petitioner was being held in precarious detention conditions that were incompatible with Article 17 of the Convention.

The CRPD said Argentina was obliged to act to ensure he had equal access to services and facilities. The Committee also requested that the Argentine authorities make sure the petitioner can get adequate and timely health care as well as regular and full access to rehabilitation.

Regarding prisoners with disabilities in general, the CRPD said the authorities also had to ensure that a lack of accessibility did not cause physical or psychological suffering that may constitute cruel, inhuman or degrading treatment.

The CRPD monitors implementation of the Convention on the Rights of Persons with Disabilities by States Parties. It considered this case (CRPD C/11/D/2/2010) under the Optional Protocol to the Convention which gives the Committee the competence to examine individual complaints.

ENDS

© Scoop Media

 
 
 
 
 
World Headlines

 

Leaked: UK Counter-Terrorism Training Material

The PREVENT Strategy has permeated all aspects of public life in the UK. It is important that the training provided to public sector workers to implement the strategy is scrutinised for its empiricism. To this end, CAGE has released the most comprehensive leak of PREVENT training material so far. More>>

ALSO:

Weather: Aid Urgently Needed For Drought-Stricken Ethiopia

As the severity of ongoing drought in Ethiopia is exacerbated by the arid effects of ‘super El Nino’, ChildFund New Zealand is appealing to more New Zealanders to contribute to their growing aid response. More>>

'Very Concerned' After Court Ruling: UNHRC On Transfer Of 267 People From Australia To Nauru

Most of these people were reportedly brought to Australia from Nauru to receive medical treatment and are in a fragile physical and mental state. The group includes more than 12 women and at least one child who have allegedly suffered sexual assault or harassment while in Nauru. The group also includes 37 children born in Australia. More>>

ALSO:

Sanctions To Be Lifted: NZ Welcomes Implementation Of Iran Nuclear Deal

Duty Minister Nikki Kaye has welcomed the next stage in the historic nuclear deal between Iran, the Five Permanent (P5) members of the United Nations Security Council, and Germany... “New Zealand has now started the domestic process for removing the UN sanctions." More>>

ALSO:

Pre-Davos Reports: 62 People Own Same Wealth As Half The World

Runaway inequality has created a world where 62 people own as much wealth as the poorest half of the world’s population – a figure that has fallen from 388 just five years ago, according to an Oxfam report published today ahead of the annual gathering of the world’s financial and political elites in Davos.. More>>

ALSO:

Jakarta: UN Secretary-General On Attacks

The Secretary-General condemns the bombings and gun attacks in Jakarta today... there is absolutely no justification for such acts of terrorism. He hopes the perpetrators of today's attacks will be swiftly brought to justice. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
World
Search Scoop  
 
 
Powered by Vodafone
NZ independent news