equality of conditions, opportunities and participation in all spheres of society314 and to ensure
that regulatory or de facto limitations are dismantled. Therefore, States must promote social
inclusion practices and adopt affirmative measures to remove such barriers.315
209.
Regarding the specific situation of persons with disabilities deprived of their
liberty, Article 14(2) of the CRPD establishes that States must ensure that “they are, on an
equal basis with others, entitled to guarantees in accordance with international human rights
law and shall be treated in compliance with the objectives and principles of the present
Convention, including by provision of reasonable accommodation.”
210.
As to the health of persons with disabilities, Article 25 of the CRPD recognizes
that “persons with disabilities have the right to the enjoyment of the highest attainable
standard of health without discrimination on the basis of disability,” and that “States Parties
shall take all appropriate measures to ensure access for persons with disabilities to health
services that are gender-sensitive, including health-related rehabilitation.”316 Likewise, Article
26 of the CRPD requires States to “take effective and appropriate measures, including through
peer support, to enable persons with disabilities to attain and maintain maximum
independence, full physical, mental, social and vocational ability, and full inclusion and
participation in all aspects of life.”
211.
In the case of Mircea Dumitrescu v. Romania, the European Court of Human
Rights found that since the alleged victim was diabetic and disabled, he “belong[ed] to a
particularly vulnerable group given his severe disability.” Considering his health and disability,
the European Court held that when the authorities decide to place or keep disabled people in
detention, they should demonstrate special care in guaranteeing conditions that correspond
to their special needs resulting from their disability.317
212.
In that case, the European Court noted that the victim continually complained
that he had not been provided with his own wheelchair, that there were insufficient access
ramps in the prison and that the toilet facilities and the vehicle in which he was transported
had not been adapted. The Court considered that the conditions of detention endured by the
victim, overall, for more than two years, would have caused him unnecessary and avoidable
physical and mental suffering, diminishing his human dignity and amounting to inhuman
treatment.318 Furthermore, in the case of Price v. the United Kingdom, which concerned a
disabled person in detention, the European Court found that although there was no intention
to humiliate or debase the victim, to detain a severely disabled person in conditions where
Cf. Case of Furlan and Family v. Argentina, supra, para. 134, and Case Artavia Murillo et al. (In vitro
Fertilization) v. Costa Rica, supra, para. 292. See also: Article 5 of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities.
314
Cf. Case of Furlan and Family v. Argentina, supra, para. 134, and Case of Artavia Murillo et al. (In vitro
Fertilization) v. Costa Rica, supra, para. 292. See also: Committee on Economic, Social and Cultural Rights, General
Comment No. 5, para. 13.
315
In particular, States must provide those health services needed by persons with disabilities, specifically
because of their disabilities, including early identification and intervention as appropriate, and services designed to
minimize and prevent further disabilities; require health professionals to provide care of the same quality to persons
with disabilities as to others, on the basis of free and informed consent by, inter alia, raising awareness of the human
rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical
standards for public and private health care.
316
ECHR: Mircea Dumitrescu v. Romania, No. 14609/10, Judgment of July 30, 2013, para. 59; ZH v. Hungary,
No. 28973/11, Judgment of November 8, 2012, para. 29; Jasinskis v. Lithuania, No. 45744/08, Judgment of
December 21, 2010, para. 59; Farbtuhs v. Latvia, No. 4672/02, Judgment of December 2, 2004, para. 56, and Price
v. United Kingdom, No. 33394/96, Judgment of July 10, 2001, para. 30.
317
318
ECHR, Mircea Dumitrescu v. Romania, No. 14609/10, Judgment of July 30, 2013, para. 64.
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