Page 54 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS

persons with disabilities that hinder their full that women and girls are not a uniform group.
85
participation as equal members of society. Women and girls, in their diversity and many
different circumstances, are differently affected
52. Persons with disabilities deprived of their liberty are by discriminatory laws and practices.
in an extremely vulnerable position and are at higher
risk of being subjected to torture or ill-treatment, 56. The Working Group has noted that: “Deprivation of
including forced medication, electroshocks, use liberty … has devastating consequences for women’s
86
of restraints and solitary confinement. They can lives, putting them at risk of torture, violence and
be denied medical care and are often formally abuse, unsafe and unsanitary conditions, lack of
stripped of their legal capacity. In a 2021 report, access to health services and further marginalization.
87
the Special Rapporteur, Gerard Quinn, expressed It cuts women off from educational and economic
concern about the overrepresentation of persons opportunities, from their families and friends, and
with disabilities in the detention population and from the possibility of making their own choices and
the need to consider reasonable accommodations directing the course of their lives as they see fit.” 91
with regard to their living conditions. The Special
88
Rapporteur expressed particular concern about the k. United Nations Voluntary Fund for Victims
mental health issues that affected many prisoners of Torture
with disabilities and the mental health impact of
detention, which are related to minimum standards of 57. The United Nations Voluntary Fund for Victims of
89
detention and inhumane or degrading treatment. Torture receives voluntary contributions, mostly
from States, and distributes them to civil society
53. A 2019 assessment of United Nations action to organizations providing psychological, medical, social,
mainstream accessibility and disability inclusion economic, legal and other forms of humanitarian
concluded that inclusion needed a human rights-based assistance to victims of torture and members of
approach, which required adhering to and promoting their families. The Fund notably promotes a victim-
90
all international human rights standards. Such an centred approach aimed at making a difference at the
approach requires moving away from a charitable individual level; it is a tool to promote and address
or medial approach to persons with disabilities and accountability as a crucial element in the healing
viewing persons with disabilities as rights holders. process for victims of torture. Indeed, the physical and
psychological after-effects of torture can be devastating
j. Working Group on discrimination and last for years, affecting not only the survivors
against women and girls but also members of their families. Failure to provide
effective rehabilitation can leave victims traumatized
54. The Working Group on discrimination against and destroy families and communities. Article 14 of
women and girls is mandated to apply a the Convention against Torture stipulates that States
comprehensive and coherent human rights-based parties must ensure that a victim of torture under
approach to ensuring that women and girls are their jurisdiction obtains redress, including the means
at the centre of efforts to hold States accountable for as full rehabilitation as possible. Assistance in
for implementing international standards for civil, recovering from the trauma suffered can be obtained
political, economic, social and cultural rights. from State institutions and civil society organizations
that specialize in assisting victims of torture.
55. The Working Group focuses on upholding legal
guarantees to protect all women and girls and 2. Regional human rights systems
seeks to respond to the intersections of gender-
based discrimination with other grounds of 58. Regional human rights bodies have made significant
discrimination. The Working Group acknowledges contributions to the development of standards for

85 Mandate holders to date include Gerard Quinn (2020–present) and Catalina Devandas Aguilar (2014–2020).
86 A/HRC/40/54, paras. 24 and 38.
87 Ibid., para. 24.
88 A/HRC/46/27, para. 110.
89 Ibid., para. 111.
90 A/75/186, paras. 6, 12 and 26.
91 A/HRC/41/33, para. 74.

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