The UN Committee on the Rights of Persons with Disabilities Ruled Against Argentina on Complaint Over Prison Conditions (Case of Mr. X. v. Argentina, 11/04/2014)

pubil»A United Nations human rights panel said […] that 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 urged them to take steps to rectify the situation.The UN Committee on the Rights of Persons with Disabilities added that Argentina is 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 views of the 18-member body which monitors implementation of the International Convention on the Rights of Persons with Disabilities came after considering a complaint by a prisoner serving a life term […].While in pre-trial 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-kilometre journey by ambulance to a specialist centre that risked aggravating his spinal problems.[…]The Committee found that 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 the Convention. Also, the petitioner was being held in precarious detention conditions that were incompatible with the treaty.»

You may read the Committee’s press release here.

Source : UN News Centre/OHCHR