Disability equality, reasonable accommodation and the avoidance of ill-treatment in places of detention: the role of supranational monitoring and inspection bodies

Abstract

This article focuses on the way in which disabled people who are deprived of their liberty are treated in places of detention. It argues that human rights law demands that disabled people should not be discriminated against while in detention and that the non-discrimination obligation includes a reasonable accommodation obligation. The nature of this obligation is explained, together with the heightened profile given to it in the context of places of detention by Article 14 of the United Nations Convention on the Rights of Persons with Disabilities. A number of cases decided by supranational bodies are used to demonstrate how failures to provide reasonable accommodations to disabled detainees may result in inhuman or degrading treatment, as well as in discrimination. The extent to which principles of disability equality and reasonable accommodation are incorporated into the guidance issued by three supranational systems for monitoring places of detention is also examined. It is suggested that, in all three instances, more could and should be done to highlight the importance of ensuring that places of detention develop systems for guaranteeing that reasonable accommodation is provided to disabled detainees and that this would play an important role in reducing the risk of exposing disabled people deprived of their liberty to inhuman, cruel or degrading treatment.