Request for support to reject a suggestion of the German government for the
Committee on the Rights of Persons with Disabiliti
We kindly request that you spread via e-mail the word about the following issue and support the call to reject the suggestion of Germany to vote Theresia Degener on the 1st of September to become a member of the CRPD control committee:
An international call to the United Nations High Commissioner for Human Rights [email@example.com]:
Please disqualify Theresia Degener from becoming a member of the committee on the Rights of Persons with Disabilities,
she supports confinement and forced treatment based on disability!
We are a national organization of psychiatric survivors in Germany. From the International Association Against Psychiatric Assault we got the information that they asked Theresia Degener in a letter, whether she support her published opinion that torture is permissible as long as
1) the persons are alleged "mentally ill"
2) the laws allows it
3) and a judge confirms
She did not answer and therefore her position expressed on December 11, 2007 in Geneva is still the same:
In a UN High Commissioner for Human Rights expert seminar titled Expert seminar on freedom from torture and ill treatment and persons with disabilities, Prof. Theresia Degener documents on page 12 that she considers torture (camouflaged as coercive psychiatric treatment) to be acceptable if it is legalized and the judges consent. Quotation: ..in her [Prof. Theresia Degeners] view, control and review of medical actions should not be exclusively on the hands of doctors (medical review) but of judges (judicial review). She thereby placed herself outside of the principles of Human Rights, in order to protect the psychiatric torture measure s.In her stand on the question of violence, force and coercion, Theresia Degener clearly violates the most fundamental principle of the CRPD. The German government took the same path. For the German government this distortion of the CRPD made her qualified. The government rewarded her by appointing her for the CRPD control Committee.
In the seminar Prof. Degener was of course immediately contradicted, see the minutes on page 13: One participant clarified that in her view forced medical interventions targeting persons with disabilities constitute torture or CIDT, as discussed earlier in the seminar, and there is no judicial review of torture. She expressed her disagreement with any implication from Prof. Degener’s remarks that forced medical interventions on persons with disabilities might be permitted with the safeguard of judicial review. She emphasized as well that CRPD article 14 prohibited disability-based detention.
Confinement and forced treatment based on disability (also for person with an existing or alleged "mental illness") is explicitly prohibited by the CRPD, which is confirmed by the Office of the UN Hight commissioner for Human rights: Document A/HRC/10/48 of 26 January 2009 http://www2.ohchr.org/english/
bodies/hrcouncil/docs/(see especially number 47-49). 10session/A.HRC.10.48.pdf
Obviously Mrs Degener disagree with core values of the convention.
René Talbot Uwe Pankow Andrzej Skulski
(Board of the Bundesarbeitsgemeinschaft Psychiatrie-Erfahrener)
show details 8:22 PM (26 minutes ago)