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Monitoring mechanisms designed to serve persons with intellectual disabilities: exploring the implementation of Article 16 CRPD in Cyprus

Published online by Cambridge University Press:  19 June 2018

Emily Julia Kakoullis Open the ORCID record for Emily Julia Kakoullis [Opens in a new window]
Emily Julia Kakoullis*
Affiliation:
School of Law and Politics, Cardiff University, Cardiff
*
*Corresponding author. Email: [email protected]
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Abstract

In its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1 This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.

Keywords

international lawdisability studiesdisability human rights lawintellectual disabilitiesConvention on the Rights of Persons with Disabilities (CRPD)Cyprus
Type
Article
Information
International Journal of Law in Context , Volume 15 , Issue 1 , March 2019 , pp. 33 - 50
Copyright
Copyright © Cambridge University Press 2018 

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References

ALPHANews (2016) Police raid the St Stephen Institution in Limassol (my translation). Available at https://www.youtube.com/watch?v=bGeS_ch58dM (accessed 15 September 2016).Google Scholar
Arbour, L (2006) Statement by Louise Arbour, United Nations High Commissioner for Human Rights to the Resumed 8th Session of the Ad Hoc Committee on the Convention on the Rights of Persons with Disabilities, Resumed 8th Session of the Ad Hoc Committee on the Convention on the Rights of Persons with Disabilities, 5 December 2006.Google Scholar
Bartlett, P (2014) Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law. In Torture and Ill Treatment in Health Care Settings: A Compilation. Washington: Centre for Human Rights and Humanitarian Law Washington College of Law American University.Google Scholar
Bartlett, P and Schulze, M (2017) Urgently awaiting implementation: the right to be free from exploitation, violence and abuse in Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD). International Journal of Law and Psychiatry 53, 2–14.Google Scholar
BBC (British Broadcasting Corporation) (2011) Four arrests after patient abuse caught on film. Available at http://www.bbc.co.uk/news/uk-13548222 (accessed 4 April 2018).Google Scholar
BBC (British Broadcasting Corporation) (2017) Hungary state institution to close over shocking conditions report. Available at http://www.bbc.co.uk/news/world-europe-39803483 (accessed 11 April 2018).Google Scholar
CAT (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) (1984) Adopted in 1984 by the United Nations General Assembly.Google Scholar
CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) (1979) Adopted in 1979 by the United Nations General Assembly.Google Scholar
CoM (Council of Ministers) (2012) Council of Ministers Decision dated 9/5/2012. Available at http://www.mlsi.gov.cy/mlsi/dsid/dsid.nsf/dsipd08_en/dsipd08_en?OpenDocument (accessed 5 June 2018).Google Scholar
CPMRP (Committee for the Protection of Mentally Retarded Persons) (2010a) Annual Report 2010. Nicosia: Committee for the Protection of Mentally Retarded Persons (my translation).Google Scholar
CPMRP (Committee for the Protection of Mentally Retarded Persons) (2010b) Conference on Legal Capacity Supported Decision Making and Guardianship of Adult Persons with Intellectual Disability. Nicosia: Committee for the Protection of Mentally Retarded Persons (my translation). Available at http://www.cpmental.com.cy/epnka/page.php?pageID=55 (accessed 4 August 2017).Google Scholar
CPMRP (Committee for the Protection of Mentally Retarded Persons) (2012) Annual Report 2012. Nicosia: Committee for the Protection of Mentally Retarded Persons. Available at http://www.cpmental.com.cy/epnka/page.php?pageID=29 (accessed 5 June 2018).Google Scholar
CPMRP (Committee for the Protection of Mentally Retarded Persons) (2013) Annual Report 2013. Nicosia: Committee for the Protection of Mentally Retarded Persons (my translation). Available at http://www.cpmental.com.cy/epnka/page.php?pageID=29 (accessed 5 June 2018).Google Scholar
CPMRP (Committee for the Protection of Mentally Retarded Persons) (2014) Annual Report 2014. Nicosia: Committee for the Protection of Mentally Retarded Persons. Available at http://www.cpmental.com.cy/epnka/page.php?pageID=29 (accessed 5 June 2018).Google Scholar
CQC (Care Quality Commission) (2018) Services we regulate. Available at http://www.cqc.org.uk/what-we-do/services-we-regulate/services-we-regulate (accessed 4 April 2018).Google Scholar
CRC (Convention on the Rights of the Child) (1989) Adopted in 1989 by the United Nations General Assembly.Google Scholar
CRPD (United Nations Convention on the Rights of Persons with Disabilities) (2006) Adopted in 2006 by the United Nations General Assembly.Google Scholar
CRPD/C/ARM/CO/1 (2017) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Armenia. : United Nations.Google Scholar
CRPD/C/BIH/CO/1 (2017) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Bosnia and Herzegovina. : United Nations.Google Scholar
CRPD/C/CAN/CO/1 (2017) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Canada. : United Nations.Google Scholar
CRPD/C/CHL/CO/1 (2016) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Chile. : United Nations.Google Scholar
CRPD/C/CYP/1 (2015) Committee on the Rights of Persons with Disabilities – Consideration of Reports Submitted by States Parties under Article 35 of the Convention Initial Report of State Party Due in 2013 Cyprus. : United Nations.Google Scholar
CRPD/C/CYP/Q/1/Add.1 (2017) Committee on the Rights of Persons with Disabilities – Addendum Replies of Cyprus to the List of Issues. : United Nations.Google Scholar
CRPD/C/CYP/CO/1 (2017) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Cyprus. Geneva: United Nations.Google Scholar
CRPD/C/GBR/1 (2013) Committee on the Rights of Persons with Disabilities Consideration of Reports Submitted by States Parties under Article 35 of the Convention Initial Reports of States Parties Due in 2011 United Kingdom of Great Britain and Northern Ireland. Geneva: United Nations.Google Scholar
CRPD/C/GTM/CO/1 (2016) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Guatemala. Geneva: United Nations.Google Scholar
CRPD/C/ITA/CO/1 (2016) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Italy. Geneva: United Nations.Google Scholar
CRPD/C/LTU/CO/1 (2016) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Lithuania. Geneva: United Nations.Google Scholar
CRPD/C/MDA/CO/1 (2017) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Moldova. Geneva: United Nations.Google Scholar
CRPD/C/SRB/CO/1 (2016) Committee on the Rights of Persons with Disabilities - Concluding Observations on the Initial Report of Serbia. Geneva: United Nations.Google Scholar
CRPD/C/UGA/CO/1 (2016) Committee on the Rights of Persons with Disabilities – Concluding Observations on the Initial Report of Uganda. Geneva: United Nations.Google Scholar
CYWeekly (Cyprus Weekly Newspaper) (2016) Welfare services confirm special needs abuse probe, 18 March. Available at http://in-cyprus.com/welfare-services-confirm-special-needs-abuse-probe/ (accessed 10 August 2016, no longer available).Google Scholar
de Beco, G and Murray, R (2014) A Commentary on the Paris Principles on National Human Rights Institutions. Cambridge: Cambridge University Press.Google Scholar
DOTCOM (The Disability Online Tool of the Commission) (2014) DOTCOM: the disability online tool of the commission. Available at http://www.disability-europe.net/dotcom (accessed 15 September 2016).Google Scholar
DSIPD (Department for the Social Inclusion of Persons with Disabilities) (2013a) First National Action Plan for Disability 2013–2015 for the Implementation of the UN Convention on the Rights of Persons with Disability (my translation). Nicosia: Department for the Social Inclusion of Persons with Disabilities Ministry of Labour and Social Insurance.Google Scholar
DSIPD (Department for the Social Inclusion of Persons with Disabilities) (2013b) First Report of Cyprus for the UN Convention on the Rights of Persons with Disabilities (my translation). Nicosia: Department for the Social Inclusion of Persons with Disabilities Ministry of Labour and Social Insurance.Google Scholar
Francis Inquiry (The Mid Staffordshire NHS Foundation Trust Public Inquiry Chaired by Robert Francis QC) (2013) Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry. London: The Stationery Office. Available at http://webarchive.nationalarchives.gov.uk/20150407084231/http://www.midstaffspublicinquiry.com/report (accessed 5 June 2018).Google Scholar
GANHRI (Global Alliance of National Human Rights Institutions) (2016) Chart of the Status of National Institutions – Accredited by the Global Alliance of National Human Rights Institutions – Accreditation Status as of 5 August 2016. GANHRI. Available at http://www.ohchr.org/Documents/Countries/NHRI/Chart_Status_NIs.pdf (accessed 15 September 2016).Google Scholar
Health Foundation, The (THF) (2018) The Policy Navigator: ‘Commission for Social Care Inspection’. Available at http://navigator.health.org.uk/content/care-quality-commission-cqc-was-established-1-april-2009 (accessed 4 April 2018).Google Scholar
HoR (House of Representatives) (2012) Parliamentary questions. Available at http://www2.parliament.cy/parliamentgr/008-3f/23_06_010_01.649.htm (accessed 15 September 2016).Google Scholar
IAPRPD (Independent Authority for the Promotion of the Rights of Persons with Disabilities) (2016a) Appendix I Status and Competences Background of the Cyprus Ombudsman and the Cyprus Independent Mechanism for the Protection, Promotion and Monitoring of the Implementation of the CRPD to the Independent Written Contribution to the UN Committee on the Rights of Persons with Disabilities Following the Publication of the List of Issues Having Regard to the Procedures under Articles 35 and 36 of the CRPD. Nicosia: IAPRPD.Google Scholar
IAPRPD (Independent Authority for the Promotion of the Rights of Persons with Disabilities) (2016b) Independent Written Contribution to the UN Committee on the Rights of Persons with Disabilities Following the Publication of the List of Issues Having Regard to the Procedures under Articles 35 and 36 of the CRPD. Nicosia: IAPRPD.Google Scholar
IAPT (Independent Authority for the Prevention of Torture) (2012) Report Regarding the Visit that Was Organised to the Shelter for the Elderly and Disabled ‘Virgin Mary Ylikiotissa’. Nicosia: IAPT (my translation). Available at http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/index_new/index_new?OpenForm (accessed 5 June 2018).Google Scholar
IAPT (Independent Authority for the Prevention of Torture) (2013) Report Regarding the Visit that Was Organised to the Private Shelter ‘St Christopher’. Nicosia: IAPT (my translation). Available at http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/index_new/index_new?OpenForm (accessed 5 June 2018).Google Scholar
IAPT (Independent Authority for the Prevention of Torture) (2014) Annual Report 2014. Nicosia: Office of the Commissioner for Administration (Ombudsperson) and Human Rights Protection.Google Scholar
ICC (International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights) (2013) Session of the Sub-Committee on Accreditation (SCA) General Observations Adopted in May 2013. Geneva: ICC.Google Scholar
ICCPR (International Covenant on Civil and Po1itical Rights) (1966) Adopted in 1966 by the United Nations General Assembly.Google Scholar
ICESCR (International Covenant on Economic, Social and Cultural Rights) (1966) Adopted in 1966 by the United Nations General Assembly.Google Scholar
Kakoullis, EJ (2015) A shift from welfare to rights: a case study of the ratification process for the Convention on the Rights of Persons with Disabilities in Cyprus, unpublished PhD thesis, University of Bristol.Google Scholar
Kanter, A (2015) The Development of Disability Rights under International Law: From Charity to Human Rights. London: Routledge.Google Scholar
Kayess, R and French, P (2008) Out of darkness into light? Introducing the Convention on the Rights of Persons with Disabilities. Human Rights Law Review 8, 1–34.Google Scholar
L. 117/1989 The Mentally Retarded Persons Law of 1989 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
L. 2(III)/2009 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol) (Ratification) Law of 1990 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
L. 222/1991 Shelters for the Elderly and the Disabled Laws of 1991 until 2011 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
L. 235/90 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Ratification) Law of 1990 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
L. 3(Ι)/1991 The Commissioner for Administration Laws of 1991 until 2014 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
L. 35(ΙΙΙ)/93 Amendments to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Ratification) Law of 1993 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
L. 36(ΙΙΙ)/2002 Amendments to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Ratification) Law of 2002 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
L. 38(I)/1997 The Centres for Adults Law of 1997 until 2011 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
L. 8(III)/2011 The Convention for the Rights of Persons with Disabilities Law and Related Matters (Ratification) Law of 2011 (my translation). Nicosia: Official Gazette of the Republic of Cyprus.Google Scholar
Laing, J (2017) Preventing violence, exploitation and abuse of persons with mental disabilities: exploring the monitoring implications of Article 16 of the United Nations Convention on the Rights of Persons with Disabilities. International Journal of Law and Psychiatry 53, 27–38.Google Scholar
Laing, J and Murray, R (2013a) A Comparative Review of International Monitoring Mechanisms for Mental Health Legislation – Final Report to CQC. Bristol: University of Bristol.Google Scholar
Laing, J and Murray, R (2013b) An international comparison of mechanisms in mental health monitoring. In Torture and Ill Treatment in Health Care Settings: A Compilation. Washington: Centre for Human Rights and Humanitarian Law Washington College of Law American University.Google Scholar
Lang, R (2009) The United Nations on the right and dignities for persons with disability: a panacea for ending disability discrimination? ALTER European Journal of Disability Research 3, 266–285.Google Scholar
Lemesos (2016) St Stephen: the allegations of abuse of boarders are confirmed according to inquiries by the authorities (my translation). Available at http://www.elemesos.com/index.php/%CE%B5%CE%BD%CE%B7%CE%BC%CE%B5%CF%81%CF%89%CF%83%CE%B7/%CE%B9%CE%B4%CF%81%CF%85%CE%BC%CE%B1-180316.ibsc (accessed 15 September 2016).Google Scholar
Liberal (The Liberal) (2016) The Social Welfare Services try to make sense – mountain of complaints of abuse at the Institution ‘St Stephen’ (my translation). Available at http://www.philenews.com/el-gr/koinonia-eidiseis/160/304212/vouno-oi-katangelies-gia-kakopoiiseis-sto-idryma-agios-stefanos (accessed 15 September 2016).Google Scholar
Lord, JE and Stein, MA (2008) The domestic incorporation of human rights law and the United Nations Convention on the Rights of Persons with Disabilities. Washington Law Review 83, 449–479.Google Scholar
Megret, F (2008) The Disabilities Convention: human rights of persons with disabilities or disability rights? Human Rights Quarterly 30, 494–516.Google Scholar
News (NewsBomb) (2016) The St Stephen's Institution's response: The Incidents of Violence Belong in the Past (my translation). Available at http://www.newsbomb.com.cy/kypros/lemesos/story/646872/h-apantisi-toy-idrymatos-agios-stefanos-anikoyn-sto-parelthon-ta-peristatika-vias (accessed 15 September 2016).Google Scholar
NIHRA (National Independent Human Rights Authority) (2014) The National Independent Human Rights Authority's Position Concerning the Serving of a Prison Sentence at a Correctional Institution, by Persons with Intellectual Disabilities (my translation). Nicosia: National Independent Human Rights Authority.Google Scholar
OCAPHR (Office of the Commissioner for Administration (Ombudsperson) and Protection of Human Rights) (2014) Annual Report 2014. Nicosia: Press and Information Office.Google Scholar
OCAPHR (Office of the Commissioner for Administration (Ombudsperson) and Protection of Human Rights) (2015) Independent authority for the prevention of torture. Available at http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/page08_gr/page08_gr?OpenDocument (accessed 15 September 2016).Google Scholar
OHCHR (Office of the High Commissioner for Human Rights) (Undated) Reporting Status for Cyprus. Available at http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=CYP&Lang=EN (accessed 15 September 2016).Google Scholar
OHCHR (Office of the High Commissioner for Human Rights) (2016) The core international human rights instruments and their monitoring bodies. Available at http://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx (accessed 15 September 2016).Google Scholar
PIO (Press and Information Office) (2006) About Cyprus. Nicosia: Press and Information Office.Google Scholar
Quinn, G (2009–10) The United Nations Convention on the Rights of Persons with Disabilities: toward a new international politics of disability, Jacobus tenBroek Disability Law Symposium. Texas Journal on Civil Liberties & Civil Rights 15, 33–52.Google Scholar
Rioux, MH, Basser, LA and Jones, M (2011) Critical Perspectives on Human Rights and Disability Law. Leiden: Martinus Nijhoff.Google Scholar
SSI (St Stephen Institution) (2016a) History. Available at http://agiostefanos.com.cy/?page_id=17 (accessed 15 September 2016).Google Scholar
SSI (St Stephen Institution) (2016b) HomePage. Available at http://agiostefanos.com.cy/ (accessed 15 September 2016).Google Scholar
Steinerte, E, Murray, R and Laing, J (2012) Monitoring those deprived of their liberty in psychiatric and social care institutions and national practice in the UK. International Journal of Human Rights 16, 865–882.Google Scholar
SWS (Social Welfare Services) (2014a) Annual Report. Available at http://www.mlsi.gov.cy/mlsi/sws/sws.nsf/dmlannualrpt_gr/dmlannualrpt_gr?OpenDocument (accessed 2 September 2016).Google Scholar
SWS (Social Welfare Services) (2014b) History. Available at http://www.mlsi.gov.cy/mlsi/sws/sws.nsf/dmlhistory_gr/dmlhistory_gr?OpenDocument (accessed 2 September 2016).Google Scholar
SWS (Social Welfare Services) (2014c) Inspection of programmes. Available at http://www.mlsi.gov.cy/mlsi/sws/sws.nsf/All/E785D3D59C77F775C2257E060025A787?OpenDocument (accessed 2 September 2016).Google Scholar
Symeonidou, S (2015) Rights of people with intellectual disability in Cyprus: policies and practices related to greater social and educational inclusion. Journal of Policy and Practice in Intellectual Disabilities 12, 120–131.Google Scholar
Trimikliniotis, N and Demetriou, C (2009) National thematic study on the fundamental rights of persons with intellectual disabilities and persons with mental health problems in Cyprus, FRA (European Agency for Fundamental Rights). Available at http://fra.europa.eu/en/country-report/2012/country-thematic-reports-fundamental-rights-persons-intellectual-disabilities (accessed 5 June 2018).Google Scholar
UN (United Nations) (Undated) United Nations official languages. Available at http://www.un.org/en/sections/about-un/official-languages/ (accessed 15 September 2016).Google Scholar
UNGA (United Nations General Assembly) (1971) Declaration on the Rights of Mentally Retarded Persons, adopted in 1971 by the United Nations General Assembly.Google Scholar
UNGA (United Nations General Assembly) (1975) Declaration on the Rights of Disabled Persons, adopted in 1975 by the United Nations General Assembly.Google Scholar
UNGA (United Nations General Assembly) (1993) National Institutions for the Promotion and Protection of Human Rights – ‘The Paris Principles’, resolution adopted in 1993 by the United Nations General Assembly.Google Scholar
Waddington, L (2007) A new era in human rights protection in the European Community: the implications [of] the United Nations’ Convention on the Rights of Persons with Disabilities for the European Community. Maastricht University Faculty of Law Working Papers, April, 1–22.Google Scholar