CAT/OP/27/2 United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 26 January 2016 Original: English Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Approach of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment regarding the rights of persons institutionalized and treated medically without informed consent* I. Introduction 1. The present document is issued in accordance with the mandate of the Subcommittee set forth in article 11 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 2. The Subcommittee has a mandate to visit places where persons are deprived of their liberty. This includes health-care settings, as defined in paragraph 4 of the Optional Protocol. 3. During its visits, the Subcommittee has documented numerous human rights violations in health-care settings where persons are held and treated without informed consent. Furthermore, it has encountered situations in which the nature of the treatment provided, and the manner in which it is provided, falls short of the requirements of international human rights law. This also includes situations where persons are involuntarily restrained by mechanical or chemical means. 4. The purpose of the present document is to contribute to the prevention of torture and cruel, inhuman and degrading treatment by setting out the Subcommittee’s views on the rights of persons who are in detention owing to their health status. II. Involuntary confinement and restraints in health-care settings 5. Involuntary confinement of any person is a form of arbitrary detention unless it is ordered by a competent and independent judicial authority through due process, which must include close and constant review. States should develop and make available alternatives to * Adopted by the Subcommittee at its twenty-seventh session (16-20 November 2015). GE.16-01042(E) *1601042*

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