United Nations. Annual Report of the United Nations High Commissioner for Human Rights and Reports of the Office of the High Commissioner and the Secraetary-General: A/HRC/10/48,26 January 2009.

States "to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability"

Article 14,paragraph 1(b)of the Convention unambiguously states that
“ the existence of a disability shall in no case justify a deprivation of liberty “.

Proposals made during the drafting of the Convention to limit the prohibition of detention to cases “solely ” determined by disability were rejected

para 43
... As a result, unlawful detention encompasses situations where the deprivation of liberty is grounded on the combination between a mental or intellectual disability and other elements, such as 'dangerousness', or care and treatment

Since such measures are partly justified by the person's disability, they are to be considered
discriminatory
and in violation of the prohibition of deprivation on the grounds of disability
and the right to liberty on an equal basis with others prescribed by Article 14.

para 49.
Legislation authorising the institutionalisation [ as defined ? ] of persons with disabilities , on the grounds of their disability, without their free and informed consent, must be abolished.

This must include the repeal of provisions authorising institutionalisation of persons for their care and treatment
without their free and informed consent ,
as well as provisions authorising the preventive detention of persons with disabilities
on ground such as the likelihood of them posing a danger to themselves or others,
in all cases in which such grounds of care , treatment and public security are linked in legislation to an apparent or diagnosed mental illness.

This should not be interpreted to say that persons with disabilities cannot be lawfully subject to detention for care and treatment or to preventative detention,
but that the legal grounds upon which restriction of liberty is determined
must be 'de-linked' [ ? ] from the disability
and neutrally defined so as to apply to all persons on an equal basis.

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