CRPD/C/22/D/24/2014
violation of the author’s rights under article 8, read in conjunction with articles 5, 15 (1), 16
and 17 of the Convention.
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, 15 (1), 16 and 17, read
alone, and articles 6 and 8, read in conjunction with articles 5, 15 (1), 16 and 17, 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 her with an effective remedy, including compensation, proper
medical treatment, redress for the abuses suffered, support devices such as
functional prostheses, rehabilitation, and the support necessary to enable her
to live independently again;
(ii)
Conduct an impartial, prompt and effective investigation into the
attack suffered by the author, and to prosecute and punish the perpetrators;
(b)
In general, the State party is under an obligation to take measures to prevent
similar violations in the future. In that regard, the Committee refers to the recommendations
made by the Independent Expert on the enjoyment of human rights by persons with
albinism as contained in her report to the Human Rights Council (A/HRC/34/59, paras. 97–
99), and requires the State party to:
(i)
Review and adapt legal frameworks as necessary to ensure that they
encompass all aspects of attacks against persons with albinism, including
with regard to trafficking in body parts;
(ii)
Ensure prompt investigation and prosecution of cases of attacks
against persons with albinism and trafficking in body parts and the
punishment of those responsible;
(iii) Ensure that the practice of using body parts for witchcraft-related
practices is adequately and unambiguously criminalized in domestic
legislation;
(iv) Develop and implement sustained awareness-raising campaigns, based
on the human rights model of disability and in compliance with the State
party’s obligations under article 8 of the Convention, and training for the
general public, judicial officials, the police and all workers in the areas of
education, health and justice to address harmful practices and rampant myths
affecting the enjoyment of human rights by persons with albinism and to
cover the scope of the Convention and its Optional Protocol;
(v)
Publish the present Views and circulate them widely in accessible
formats so that they are available to all sectors of the population;
(vi) Pursue rehabilitation measures for survivors of attempted killings and
victims of mutilations.
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.
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