CRPD/C/PHL/CO/1
Freedom from exploitation, violence and abuse (art. 16)
30.
The Committee is concerned about:
(a)
The high level of violence against children with disabilities in family settings
and schools, in particular the reports of children restrained in their homes, and the
information about the cases of deaf girls and boys with disabilities who are the victims of
sexual violence, including rape and sexual assault by male teachers or principals in public
and private schools, in the absence of criminal prosecutions and convictions of the
perpetrators of such acts and redress mechanisms for the victims;
(b)
The information about violence, including sexual violence against persons
with disabilities who live in the streets;
(c)
The information about the risks of trafficking faced by women with
disabilities and violence occurring online and in other digital environments.
31.
The Committee recommends that the State party:
(a)
Intensify its efforts to address domestic violence and abuse, including
sexual exploitation of women and children with disabilities in the private sphere, and
ensure that persons with disabilities have access to independent complaints
mechanisms and appropriate remedies for victims of abuse, such as redress and
adequate compensation, including rehabilitation;
(b)
Adopt mechanisms to monitor all the facilities and programmes designed
to serve persons with disabilities with the aim of preventing violence, especially sexual
violence against persons with disabilities, including children with disabilities, in
accordance with article 16 (3) of the Convention;
(c)
Ensure that any strategies for the prevention of trafficking take into
account and address the particular risks of women and girls with disabilities to
different forms of trafficking and exploitation, and ensure that information and
awareness-raising concerning trafficking is provided in accessible formats and covers
all urban and rural areas of the country.
Protecting the integrity of the person (art. 17)
32.
The Committee is concerned about the reported incidents of forced sterilization of
women with intellectual disabilities.
33.
The Committee recommends that the State party take measures to protect
women with intellectual disabilities from involuntary sterilization, and ensure that
forced sterilization will not happen in the future.
Living independently and being included in the community (art. 19)
34.
The Committee is concerned about:
(a)
The lack of recognition of the right to live independently and be included in
the community as a subjective right;
(b)
The absence of a strategy to ensure the transition from institutions to full
independent living for all persons with disabilities within the community, including
personal assistance;
(c)
The lack of support services to enable persons with disabilities to be included
and participate fully in the community, which contributes to the perpetuation of the
institutionalization model.
35.
The Committee recommends that the State party take into account the
Committee’s general comment No. 5 (2017) on living independently and being
included in the community, and:
(a)
Enact legislation aimed at recognizing the right of persons with
disabilities to be included in the community and to choose their place of residence, and
where and with whom they live. The State party should ensure that all persons with
8