CRPD/C/22/D/18/2013
C.
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, 12, 13, 14 and 15 of the
Convention. The Committee therefore makes the following recommendations to the State
party:
(a)
Concerning the author, the State party is under an obligation to:
(i)
Provide him with an effective remedy, including reimbursement of any legal
costs incurred by him and compensation;
(ii)
Publish the present Views and circulate them widely in accessible formats so
that they are available to all sectors of the population;
(b)
In general, the State party is under an obligation to take measures to prevent
similar violations in the future. In that regard, and considering the far-ranging impact of the
violations found in the present case, the Committee recalls in particular the
recommendations on liberty and security of the person contained in its concluding
observations on the initial report of Australia (CRPD/C/AUS/CO/1, para. 32) and requests
the State party to:
(i)
Amend part II.A of the Northern Territory Criminal Code and all equivalent
or related federal and State legislation, in close consultation with persons with
disabilities and their representative organizations, in such a way as to comply with
the principles of the Convention and with the Committee’s guidelines on the right to
liberty and security of persons with disabilities;
(ii)
Ensure without delay that adequate support and accommodation measures are
provided to persons with intellectual and psychosocial disabilities to enable them to
exercise their legal capacity before the courts whenever necessary;
(iii) Protect the right to live independently and be included in the community by
taking steps, to the maximum of its available resources, to create community
residences in order to replace any institutionalized settings with independent living
support services;
(iv) Ensure that appropriate and regular training on the scope of the Convention
and its Optional Protocol, including on the exercise of legal capacity and access to
justice, is provided to staff working with persons with intellectual and psychosocial
disabilities, members of the Law Reform Commission and Parliament, judicial
officers and staff involved in facilitating the work of the judiciary, and avoid using
high-security institutions for the confinement of, persons with intellectual and
psychosocial disabilities.
10.
In accordance with article 5 of the Optional Protocol and rule 75 of the Committee’s
rules of procedure, the State party should submit to the Committee within six months a
written response, including information on any action taken in the light of the present
Views and the recommendations of the Committee.
16