Page 221 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ
P. 221

Article 15
                                      Freedom from torture or cruel, inhuman or degrading
                                                   treatment or punishment

                            1.    No one shall be subjected to torture or to cruel, inhuman or degrading
                            treatment or punishment. In particular, no one shall be subjected without his or
                            her free consent to medical or scientific experimentation.

                            2.    States Parties shall take all effective legislative, administrative, judicial
                            or other measures to prevent persons with disabilities, on an equal basis with
                            others,  from being subjected to  torture or cruel, inhuman  or  degrading
                            treatment or punishment.

                                                          Article 16
                                         Freedom from exploitation, violence and abuse

                            1.    States Parties  shall take all  appropriate legislative, administrative,
                            social, educational and other measures to protect persons with disabilities, both
                            within and outside the home, from all  forms of exploitation,  violence and
                            abuse, including their gender-based aspects.

                            2.    States  Parties  shall  also take all appropriate measures to  prevent  all
                            forms of exploitation, violence and abuse by ensuring, inter alia, appropriate
                            forms of gender-  and  age-sensitive  assistance and support for  persons with
                            disabilities and their families and caregivers, including through the provision
                            of information and education on how to avoid, recognize and report instances
                            of exploitation, violence and abuse. States Parties shall ensure that protection
                            services are age-, gender- and disability-sensitive.

                            3.    In order to prevent the occurrence of all forms of exploitation, violence
                            and abuse, States  Parties  shall ensure that all facilities  and programmes
                            designed to  serve persons with  disabilities  are effectively monitored by
                            independent authorities.

                            4.    States Parties  shall take all appropriate  measures to  promote the
                            physical,  cognitive and psychological recovery,  rehabilitation and  social
                            reintegration of persons with disabilities who become victims of any form of
                            exploitation, violence or abuse, including through the provision of protection
                            services.  Such recovery and reintegration  shall take place in an  environment
                            that fosters  the  health, welfare, self-respect, dignity  and  autonomy  of the
                            person and takes into account gender- and age-specific needs.

                            5.    States Parties shall put  in  place effective  legislation and policies,
                            including women- and child-focused  legislation and policies,  to ensure  that
                            instances of exploitation, violence and abuse against persons with disabilities
                            are identified, investigated and, where appropriate, prosecuted.
                                                            – 12 –
   216   217   218   219   220   221   222   223   224   225   226