CRPD/C/20/D/23/2014
8.9
With regard to the author’s complaint under article 17 of the Convention, the
Committee recalls that under that article, “every person with disabilities has a right to
respect for his or her physical and mental integrity on an equal basis with others”. It also
recalls that “the right to integrity of the person is based on what it means to be a person”.46
It is linked to the idea of human dignity, and that each person’s physical and mental space
should be protected. It includes the prohibition of physical and mental torture, and of
inhuman and degrading treatment and punishment, as well as of a wide range of less serious
forms of interference with a person’s body and mind. The violent acts suffered by the
author clearly fall within the category of acts that result in a violation of physical and
mental integrity, since the current practice in the State party consists in hunting persons
with albinism to savagely cut off some of their body parts, denying them their physical
integrity and their condition as human beings. The Committee also recalls that, under article
4 of the Convention, States parties have the general obligation to take all necessary
measures to ensure and promote the full realization of this right. In the present case, the
State party did not take any measures to prevent the acts suffered by the author; it failed to
prosecute the perpetrators of the acts and did not take any measures to provide the author
with rehabilitation or support for his reintegration into society. So far, the crimes committed
against the author remain unpunished. The Committee also observes that the author has not
been provided with any support from the State party’s authorities to enable him to live
independently again after the loss of his left arm and right hand and that, generally speaking,
the State party has not adopted any measures to prevent this form of violence against
persons with albinism and to protect them therefrom. 47 Consequently, the Committee
considers that the failure by the State party to take all necessary measures to prevent acts of
violence similar to those suffered by the author and to efficiently investigate and punish the
perpetrators of these acts in the author’s case amounts to a violation of his rights under
article 17 read in conjunction with article 4 of the Convention.
8.10 The Committee notes the author’s allegations of a violation of article 24 of the
Convention for failure by the State party to protect him in a general climate of increasing
violence and attacks against persons with albinism, which forced him to stop attending
school for two years in order to escape insecurity. It also notes the author’s claim that, as a
consequence of these two years without education, he has difficulty reading and writing
properly. In the absence of any submissions from the State party on this point, the
Committee observes that the State party did not provide the author with any assistance and
did not adopt any form of reasonable accommodation to enable him to go to school, and
that as a result he was deprived of his right to education until a private NGO provided him
with the support that he needed. For these reasons, the Committee finds that, in the
circumstances of the present case, the State party has violated the author’s rights under
article 24 (2) (b) and (c) of the Convention.
D.
Conclusion and recommendations
9.
The Committee, acting under article 5 of the Optional Protocol, is of the view that
the State party has failed to fulfil its obligations under articles 5, 7, 8, 15, 16, 17 read alone
and in conjunction with article 4, and 24, of the Convention, and therefore makes the
following recommendations to the State party:
(a)
Concerning the author, the State party is under an obligation:
(i)
To provide him with an effective remedy, including compensation, redress
for the abuses suffered, and the support that is necessary to enable him to live
independently again;
(ii)
To conduct an impartial, speedy and effective investigation into the attack
suffered by the author, and to prosecute the perpetrators;
(iii) To publish the Committee’s Views and circulate them widely in accessible
formats so that they are available to all sectors of the population;
46
47
12
X v. United Republic of Tanzania, para. 8.7.
Ibid., para. 8.4.