CRPD/C/JPN/CO/1

involuntary hospitalisation of persons with disabilities on the basis of actual or
perceived impairments or dangerousness;
(b)
Repeal all legal provisions that legitimize non-consensual psychiatric
treatment on the grounds of perceived or actual impairments, and establish a
monitoring mechanism to ensure that persons with disabilities are not subjected to
forced treatment and have access to the same range, quality and standard of health care
on equal basis with others;
(c)
Ensure safeguards, including advocacy, legal and all other necessary
assistance, to protect the right to free and informed consent of all persons with
disabilities, regardless their impairment.
Freedom from torture and cruel, inhuman or degrading treatment or punishment (art.
15)
33.

The Committee observes with concern the:

(a)
Forced treatment, including seclusion, physical and chemical restrains, forced
medication, forced cognitive and electroconvulsive therapies, of persons with disabilities in
psychiatric hospitals, and legislation legitimating such practices, including the Act on
Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the
Condition of Insanity;
(b)
Lack of scope and independency of the psychiatric review boards for ensuring
the prevention of and the reporting on forced and ill-treatment in psychiatric hospitals;
(c)
Lack of independent monitoring systems to investigate violations of the rights
of persons with disabilities who receive forced treatment or are long-term hospitalized, and
lack of complaint and appeal mechanisms in psychiatric hospitals.
34.

The Committee recommends that the State party:

(a)
Abolish all legal provisions, legitimating forced treatment of persons with
psychosocial disabilities and leading to their ill-treatment, and ensure, that any
intervention, as regards persons with psychosocial disabilities, is based on human rights
and obligations under the Convention;
(b)
Establish, in cooperation with representative organizations of persons
with disabilities, an effective independent monitoring mechanism for the prevention of
and reporting on any forms of forced and ill-treatment of persons with disabilities in
psychiatric settings;
(c)
Set up accessible mechanisms to report cruel, inhuman or degrading
treatment in psychiatric hospitals, establish effective remedies for victims, and ensure
the prosecution and punishment of perpetrators.
Freedom from exploitation, violence and abuse (art. 16)
35.

The Committee is concerned about:

(a)
Reported sexual violence and domestic violence against children and women
with disabilities, in particular, persons with intellectual or psychosocial or sensory
disabilities, and those placed in institutional settings, and the lack of their protection against
sexual violence and remedies for them;
(b)
Lack of scope and effectiveness of the Persons with Disabilities Act on the
Prevention of Abuse of Persons with Disabilities and Support for Caregivers, precluding the
prevention of, the reporting and investigation on violence against persons with disabilities,
including children and women with disabilities, in educational, medical and criminal justice
settings;
(c)
Lack of accessible support services for victims, accessible information and
reporting mechanisms, including independent reporting systems in residential institutions,
and the lack of expertise, accessibility and reasonable accommodations, in the judicial
processes related to sexual violence;

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