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

 

Israeli Soldier Kills PA Minister At Non-Violent Protest

Yesterday, an Israeli soldier killed Palestinian Authority (PA) Settlment minister, Ziad Abu Ein, at a non-violent demonstration in the village of Turmusaya. More>>

ALSO:

  • Palestinian Centre For Human Rights - Ban on Palestinians claiming compensation against military
  • Pakistan School Killings

    GENEVA (16 December 2014) – The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Tuesday condemned what he described as “an utterly despicable and incomprehensibly vicious attack on defenceless children” at a co-educational school ... More>>

    ALSO:


    Sobering Data On American's Apathy About CIA Torture

    Despite a scathing report on torture, a majority of survey respondents approve of the CIA's grisly methods. More>>

    Sea Shepherd Intercepts Toothfish Poachers

    Yesterday, at approximately 2152 AEDT, the Sea Shepherd conservation ship, Bob Barker, intercepted the illegal fishing vessel Thunder, at 62 15’ South, 81 24’ East, inside the CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) ... More>>

    The White House: Charting A New Course On Cuba

    We are separated by 90 miles of water, but brought together through the relationships between the two million Cubans and Americans of Cuban descent that live in the United States, and the 11 million Cubans who share similar hopes for a more positive future for Cuba. More>>

    ALSO:


    Journalist Most Recent Victim Of Israeli Military

    Bashar, a journalist from Palestine TV, was shot in the left leg at Kufr Qaddum on Friday the 5th of December 2014. More>>

    ALSO:

  • Palestinian Centre For Human Rights - Swiss government’s bid to convene a summit on Palestine
  • UN News - UN-backed reconstruction efforts continue in Gaza
  • UNICEF Mobilizes To Reach People Affected By Typhoon

    As Typhoon Hagupit wreaks havoc through the Philippines, UNICEF is acting quickly to support the Filipino government’s response to the emergency, providing lifesaving supplies and services for children and women in the areas hardest hit by cyclone-force ... More>>

    ALSO:

  • FAO - FAO praises government for early typhoon warnings
  • Get More From Scoop

     
     
     
     
     
    World
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news