Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, U.N. Doc. A/HRC/22/53 (February 1, 2013).
This report was authored by Juan E. Méndez, the United Nations’ independent expert on torture and other ill treatment, and focuses on abuses in healthcare settings that may be tantamount to torture or cruel, inhuman or degrading treatment.
“By illustrating some of these abusive practices in health-care settings, the report sheds light on often undetected forms of abusive practices that occur under the auspices of health-care policies, and emphasizes how certain treatments run afoul of the prohibition on torture and ill-treatment. It identifies the scope of State’s obligations to regulate, control and supervise health-care practices with a view to preventing mistreatment under any pretext.”
The report states, in paragraph 63, that the solitary confinement of persons with mental disabilities “is cruel, inhuman or degrading treatment,” and the Special Rapporteur calls upon states to ban “all forced and non-consensual medical interventions against persons with disabilities,” including the use of restraint and solitary confinement.
Keywords: mental health, mental illness, mental health treatment, healthcare, persons with disabilities, therapeutic restraint, international standards, international norms, human rights