April 17, 2001: the UN High Commissioner for Human Rights, Mary Robinson, makes
an invitation to a meeting in the Palais des Nations which takes
place during the 57th meeting of the UN Commission for Human Rights .
In its report for the year 2001 on page 154 the following
can be read:
In April 2001,
during the 57th session of the Commission on Human Rights, the Office
organized consultations with governments, inter-governmental and non-governmental
organizations, United Nations bodies and specialized agencies, and national
institutions including national human rights commissions, on the issue
of human rights and disability. The consultations concluded with a reaffirmation
that there is a human rights dimension to disability and the need to
strengthen the link between the Special Rapporteur on disability of
the Commission for Social Development, the High Commissioner for Human
Rights, and the Commission on Human Rights.
Hagai Aviel and
René Talbot were likewise invited and present. They describe their impressions
Last Tuesday 17
April we were in the special consultation on 'human rights and disability'
in the office of the united nations high commissioner for human rights
in Geneva . We were very
impressed that almost all the participants in this consultation addressed
our issue, using the term 'psychiatric disability'. This term was specifically
mentioned in the opening words of Ms. Mary Robinson, the High Commissioner.
The only exception was, of course, the lady from WHO who talked about
'mental health'. 'Psychiatric disability' hit the nail on the head:
of course are we disabled by coercive psychiatry - by the mental health
laws! This consultation confirmed our conviction: we have to focus on
Human Rights. Our claims in the human rights field have solid ground
and we can speak for ourselves.
In a statement by IAAPA Hagai Aviel summarizes
In a special UN
meeting about disability in April 2001 there was a clear difference
between speakers depending on whether they were government representatives
or NGO advocates. Governments representatives called for a declaration
supporting special laws, while the non-governmental organizations didn't
even mention the need for laws and instead spoke about day-to-day difficulties.
The reason is simply that new laws would confer more power to the state
and state-sponsored professional help. They would have little to do
with the wishes of the affected individuals themselves or their organizations.
It was all about more power to the government and the professionals
it supports and maintains.
From the outset
there was thus a need from the side of the states, instead of changing
the practices, to just make any international agreement, in order to stifle
criticism with reference to these “great” agreements. That
is a typical method how those with power in the state negate the demands
for the respect of Human Rights of the oppressed, in democracies just
as with dictatorships, in order to maintain the deception that human rights
are being upheld. With regard to this, it is to be noted that Human Rights
aims for a human interaction free of violence and therefore an internal
contradiction arises if it should be applied by force. The following developments
are an example of the paradox that develops if the state with a monopoly
on violence, in order to to distinguish justice from injustice, itself
becomes a Human Rights criminal.
Berlin, June 2001: The Russell Tribunal corroborates and strengthens the verdict of
the Foucault Tribunal in 1998. A greeting for the tribunal
was read by the representative of the UN in Germany on behalf the
UN High Commissioner for Human Rights, Mary Robinson.
Already in the
year 2001 it is decided by the UN General Assembly,
i.e. the meeting of the state representatives of the nations, to
prepare a Disability Rights Convention.
July 29, 2003: This preparation
process is accompanied by a resolution of the General Assembly of the
International Association Against Psychiatric Assault (IAAPA) of 10/29/2002 : Disabled by Psychiatry and the Law - Psychiatric Disability: Spearhead
of the Struggle for Human Rights. All members
of the so-called “ad hoc committee” at the UN received the
text. Unfortunately the NGO´s taking part in the preparation could
not push through our demand that the ban on coercive psychiatry must be
explicitly taken up in the convention, as with
its incompatibility with human rights. If that had succeeded, then with
acceptance of the convention and/or its respective ratification, it would
have been clear from the outset, what the decision was and it would not
have had the smallest chance for any “interpretations”. It
is well known that 3 lawyers typically have 4 different opinions.
In fact, the only
thing achieved, was that this demand is implicitly
included in the convention, one could say it was “legal logic”
included in the articles thereof. That was probably a diplomatic compromise,
so that ostensibly the convention would not seem so “conspicuous”
anymore. However, in doing so, the weight of succeeding with the demand
on a national state level had been shifted: With the ratifications it
would now be decided whether the abolishment of coercive psychiatry was
in fact accepted as an implicitly logical result of the convention and
therefore either the convention was not at all signed in an honest way
(as decided by e.g. the USA) or, just as honestly, after initialing was
however not ratified, or whether a hypocritical fraud is made out of the
convention, just as with all states which have ratified it so far.
However, you have
to give credit to these states in that the national legislators committed
this fraud without having been previously informed of this implicit logic.
These legislators can thus declare their guilelessness, assuming themselves
to be „innocent”. In complete contrast to this, in Germany the disability-political
cynics delivered a disgusting farce: Lies and deception on an open stage.
New York, December 13,
2006: The UN General
Assembly adopt the "Convention on the Protection and
Promotion of the Rights and Dignity of Persons with Disabilities"
Berlin, March 29, 2007: the German national association of psychiatric survivors „the-BPE“
publishes a press
statement on the initialing of the convention by the Federal
Government on the following day: Only ratify the UN Disability Convention
if at the same time all special psychiatric laws are abolished. In
this statement the commissioning of an legal expert opinion on the question
of the incompatibility of German psychiatric special laws with the UN
convention is announced.
New York, March
30, 2007: the convention is initialed by the German Government
Berlin, April 19,
2007: An expert opinion
by the renowned lawyers Wolfgang Kaleck, Sebastian Scharmer and Soenke
Hilbrans, specialized in human rights, is commissioned. The expert opinion
should concentrate on the investigation of the question of the (in)compatibility
of the Berlin PsychKGs
(mental health laws) with the Disability Convention.
the General Assembly of IAAPA adopts and publishes a statement
with the same demands as those of the „the-BPE“: Only ratify
the UN Disability Convention if, in doing so, all mental health laws are
abolished. This statement also serves as call
for the Remembrance & Resistance Day.
Berlin, May 2, 2007: The 13th Remembrance
& Resistance Day is a demonstration
march from the T4 commemorative plaque in Tiergartenstrasse 4 to the seat
of the commissioner of the federal government for the disabled, Karin
Evers Meyer. Under a flimsy pretext she forbade us from entering this
seat, the Kleisthaus building, where we wanted to inform the staff
about our demands. We were thus obliged to distribute these flyers demonstratively
in front of the entrance. When leaving after work, the employees all had
to walk passed us. At this time this defensive reaction on our press statement
of 29.3.07 was already an indication of the anti-human rights and disability-hostile
attitude of Mrs. Evers Meyer. She becomes one of the „leaders of
the pack“ of the convention fraud.
Geneva, December 11, 2007: 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 measures. In March 2008 this anti-human rights position is then
directly reflected in the lies of the so-called “Institute for Humans,
Ethics and Science” (Institut Mensch, Ethik und Wissenschaft
see March 2008) which she supports.
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.
Berlin, January 30, 2008: The human rights lawyers Wolfgang Kaleck,
Sebastian Scharmer and Soenke Hilbrans hand over the 45-paged
expert opinion to the German
national association of psychiatric survivors, the-BPE. This expert opinion
comes to the clear conclusion that the Berlin PsychKG is
incompatible with the UN Disability Convention. It is immediately passed
on to the political scientist, Prof. Wolf-Dieter Narr and the Professor
for rehabilitation pedagogy, Eckhard Rohrmann.
Berlin, February 25,
2008: Together with
their comments, the expert
opinion is made public at a press conference in the Berlin state parliament.
complete explanation by René Talbot on the publication of the expert opinion
can be read in English here.
The expert opinion by Prof. Narr here,
comments by Prof. Rohrmann here.
The reactions in the press are documented here.
(The publication was supported by the Green Party in the Berlin
state parliament; the offer to the postcommunist party
(Linkspartei), which together with the Labour Party forms
state goverment, to also support the publication was rejected by them
without any reason being given)
March 2008: The prelude to the series of lies that developed thereafter was
characteristically made by the hypocrites at the ”Institut for Humans, Ethics and Science”. Although the authors
of the expert opinion in a letter explicitly requested the institute to
revoke the following false assumption, the institute held firmly on to
this lie disseminated on the internet and in print, quotation:
Apart from this,
coercive treatment and incarceration in the event of a mental derangement
should only be instructed by the judge as a last resort, when danger
to oneself or others cannot be avoided in any other way and all attempts
of voluntary help and support have been exhausted (Kaleck, among others,
Exactly the opposite
of what the “Institute” insinuated is stated in the expert
opinion, but the only task of this “Institute” seems to be
holding a legitimizing shield for the torture methods on disabled
people; with regard to this “Institute”, it can only disgust
survivors. It is a perfect example of the wretched abhorrence which hypocrites
invent for the only purpose of perpetuating the power of the physicians
to practice systematic abuse.
April 11 –
17, 2008: A personally
addressed letter with a copy of the expert opinion invited all members
of the federal parliament (Bundestag) to a public discussion on
the expert opinion, including a question and answer session with the experts
on May 7. All members of all 16 federal state parliaments likewise received
the expert opinion, the invitation and additionally an amusing but - above
all - enlightening book: “Gert
Postel: Playing Doctor ”. (The letter can be read in German
in the Irren-Offensive magazine No. 14 on page 14.)
of the Bremen parliament reacted
immediately: he ridiculed the rule of law via his manager, Mrs. Grotheer-Hueneke,
by refusing to deliver the post to the Members of Parliament and instead
wanted all letters to be returned or thrown away. On the written request
of one of the expert opinion lawyers what the legal basis was for wanting
to withhold or dump the members of parliaments post, the president made
an u-turn and handed out it after all, because the censorship of the post
threatened to become public.
Berlin, April 16, 2008: Kleisthaus: we
distribute the printed expert opinion in the conference: „The
UN-Convention on the rights of the disabled between everyday life and
a vision of the future“.
Berlin, May 2, 2008: The T4 demonstration
march on the 14th
Remembrance and Resistance day. We still preserve the hope that with
the UN Disability Convention it is actually meant what is stated in it. So we celebrate the entering into force of the convention the
next day on May 3. The director of the German Institute for
Government Complaisance still succeeds so well with his hypocrisy
that we do not notice how we are duped as we celebrate with these people
and then march from there to the Tiergartenstr. 4.
Berlin, May 7,
2008: Public meeting in the Berlin state parliament for a discussion
of the expert opinion and our demand with Wolfgang Kaleck, Sebstian Scharmer,
Helga Wullweber, Wolf-Dieter Narr and the member of the Berlin state parliament,
Dirk Behrendt. Subsequently, Gert Postel reads from his book. On the same
day the second article appears on the
incompatibility of PsychKG and the convention in the daily newspaper
“Neues Deutschland”, a newspaper in line with the post-communist
party. Since the Berlin Senat [the government of the state of Berlin is
called the “Senat”] consists of a coalition
of the Labour and the LINKEN (postcommunist) parties, the
responsibility for the abolishment of the Berlin PsychKG law (and/or
the therein inherent violence and coercion legalizing paragraphs) and
the agreement of Berlin to the ratification of the UN Disability Convention
in the second house of the federal parliaments (“Bundesrat”
consisting of the governments of the 16 regional German states) lies
with these two parliamentary groups. A key role is played here by the
senator [minister in the state of Berlin] for health,
whose department is responsible for the realization of this part of the
convention. However, her party responsible for this department already
revealed the planned fraud and its purpose. Alarmed by the article in
“Neues Deutschland”, Dr. Ilja
Seifert, Member of the federal Parliament and the party´s spokesman
for disability politics, writes us on the same day on behalf of his party
and the Bundestag fraction that, among other things, quotation:
If we actually
place the protection of the most elementary rights of defense as a precondition
before the ratification, we run the risk of sustaining a procrastination
of the ratification until the cows come home.
He thus recognizes
psychiatric abuse as a violation of the most fundamental rights but then
puts off its removal indefinitely. Why? Because his Berlin comrades, the
health senator, Katrin Lompscher, and her Secretary of State, Dr. Benjamin
Immanuel Hoff, who have the political power to remove the Berlin PsychKG,
have to be shielded in order to leave untouched psychiatric violence!
Dr. Seiferts tremendous callousness in relation to most fundamental rights
fatally reminds one of Stalin‘s ignorance of Human Rights in his
Gulag politics while at the same time putting his signature under the
UN-Declaration of the Human Rights of 1948 and his tactical relationship
to Human Rights.
In this regard,
the responsibility of the „Linken“ party is ascertained:
Since, in order to ratify the UN Disability Convention in accordance with
Article 3 of the Lindauer Agreements of 1957, ALL Federal states must
consent, the „ Linken“ party also can make as
a condition of its consent of the ratification that beforehand the Berlin
PsychKG is to be abolished. The „Linken“ party
thus has, independently of the likewise governing Labour party, the undivided
and full responsibility for the convention fraud if it should agree to
the ratification for Berlin without beforehand having removed the parts
of the PsychKG which legalize violence. By having the option of
refusing their consent for the ratification, the „Linken“
party therefore had the power to persuade the coalition partner
to agreeing to the abolishment of the PsychKGs.
Berlin, May 15, 2008: Through the state secretary of the minister
for work and social affairs, Mr. Brandtner, the Federal Government gives an evasive answer to the question
from the spokesman for disability politics of the Liberal party (FDP),
Jörg Rohde, (documented on page 33 of the Bundestag documentation No.
16/9210) on whether the Federal Government recognizes the incompatibility
of the PsychKGs with the UN-Convention. Rohde asks the question
as a supporting reaction to our letter to all Members of Parliament in
Bochum, June 11, 2008: The federal association of psychiatric survivors,
the „Bundesverband Psychiatrie-Erfahrener“, positions
itself by a public statement on the UN Disability
Convention almost identical to that of the Bundesarbeitsgemeinschaft Psychiatrie-Erfahrener (the-BPE): both
organizations demand the abolishment of the PsychKGs not later
than the date of the ratification of the convention.
Berlin, June 20, 2008: The second governments answer by the
state secretary of the Ministry of the Interior, Mr.
Altmaier, on the second question by Jörg Rohde, FDP, (documented on page
8 of the Bundestag documentation No. 16/9832). With this answer it becomes
clear that the grand coalition and the government supporting them will
let it come down to a convention fraud.
Berlin, July 15, 2008: Together representatives of the associations
Irren-Offensive, Bundesarbeitsgemeinschaft Psychiatrie-Erfahrener,
Landesverband Psychiatrie-Erfahrener Berlin-Brandenburg, Verein zum Schutz
vor psychiatrischer Gewalt, Betroffenenberatung, Weglaufhaus and a
representative of the Humanistischen Union Berlin discuss the situation.
It is agreed upon
that the associations involved are to be asked to adopt a resolution for
the creation of a working group to co-ordinate further action. This working
group is active on several issues and writes, among other things, two
calls for a demonstration .
draft of the ratification law is passed on us. It finally proves how the
convention fraud by the conservative party (CDU) and the Labour party
(SPD) as well as the federal government is planned with the help of the
so-called “memorandum” as a part of the ratification law,
which however all other parties likewise endorse.
Bochum, July 18, 2008: In a second public statement the Bundesverband
Psychiatrie-Erfahrener criticizes the governmental draft for the ratification
of the convention: „The governmental draft of the Federal Ministry
for Employment and Social Affairs for the ratification of the Disability
Convention is pure window-dressing politics. While in the shop window
human rights are presented, torture continues
to takes place in the back rooms (psychiatric institutions and homes for
the elderly). The complete contortion of the paragraphs 12 and 14 of the
Disability Convention in the governmental memorandum serves that purpose.“
Berlin, July 22, 2008: On the occasion
of the “hearing” of invited various associations (we were
of course not invited) we demonstrate in front of the Kleisthaus,
seat of the Commissioner of the Federal Government for the Disabled, Karin
Evers Meyer, who plays a central role in the convention fraud. With a
flyer all participants are informed about the hypocrisy of the Federal
Government and the planned fraud.
Berlin, July 23, 2008: On the occasion
of the hearing of the regional state representatives concerning the ministerial
draft, we demonstrate in front of the Federal Ministry for Work and Social
Affairs. With a flyer all participants are informed
about the hypocrisy of the Federal Government and the planned fraud.
29 July 2009, Berlin: the-BPE
writes a letter to the Office of the Federal Chancellor with the title:
Instead of abolishing the special mental health laws, hypocrites
plan a convention fraud
August 20, 2008: In order to give
the Berlin “Linken” party, which left our
letters unanswered, an opportunity to speak to us directly, in a letter
we suggest a discussion with the State Secretary of the Health Senator,
Benjamin Hoff, because in fact, a confrontation was imminent. This should
clear up the potentially false assumption that the “Linken”
party in Berlin was involved
in the planned convention fraud, just to leave untouched the coercive
psychiatry practices in Berlin. Paradoxically,
he accepted, although the conversation ended after only 5 minutes, but
nevertheless created clarity about the fact that the “Linken” party stands fully behind the convention fraud.
They couldn‘t care less about human rights. What almost becomes
a cynical deception of their followers is the fervently sung, "The Internationale unites the human race" [German version translated:
“The Internationale fights for Human Rights”]
August 29, 2008: A handing out
of flyers in front of the Institute for Government Complaisance
[This name is appropriate for this institute, which deceives the public
with the false name " German Institute for Human Rights”.] That
this institute was just acting hypocritically on May 2 now became obvious, when we were no longer invited by this institution
to a round-table discussion with other organizations about the UN Convention.
The government complaisant people of this institute no longer had an interest
in yet another deception, because at now it was already apparent that
human rights are completely unknown to the federal government, particularly
when it comes to the crimes of coercive psychiatry. The government complaisant
people had learned that they would be rewarded for their toadyism and
the betrayal of human rights with € 463,000 a year.
September 3, 2008: The first day of a indefinite demonstration
in front of the seat of the Berlin Senator for Health and its State Secretary,
Benjamin Hoff. This was followed by another 56 days of demonstrations
of 2.5 hours each.
2008: The second letter
is sent to all members of all parliaments respectively a reply to those
who responded to our first letter (see letter template in the magazine
Irren-Offensive No.14, page 15)
2008: We are invited
in the Kleisthaus to participate in a conference named
"all inclusive", which means in fact: “all lies!” Accordingly,
we were sent out of the assembly after pointing to our issue. After that
we move on to hand out flyers in Berlin's health bureaucracy.
2008: Handing out flyers
in the "leftist cinema night". Here the issue
is not welcomed. Those distributing flyers are kicked out and are only
able to inform the visitors at the door as they enter.
October 6, 2008: Week of Berlin's "mental health"
- Before the press conference we hand out our flyers with the call for
October 6-12, 2008: On the occasion of the Dignity and
Justice for Detainees Week, the UN High Commissioner for Human Rights
publishes Information No. 4, which fully
confirms our legal opinion on the convention.
This clarification of the UN High Commissioner for Human Rights is also
part of the statement that the Bundesarbeitsgemeinschaft Psychiatrie-Erfahrene,
along with the complete expert opinion of Kaleck,
Scharmer and Hilbrans sent to
the appropriate Bundestag Committee which then became on 11/11 part of
the Bundestag documentation as committee publication No.16 (11) 1179 (see page 30-49). This documentation had the purpose of concealing
the non-invitation of the psychiatric survivors and the complete disregard
of their statement at the session of the Committee
October 21, 2008: Demonstration
with handing out of flyers in front of Berlin's health bureaucracy
October 23, 2008: Handing out of
flyers at the presentation by prof. Dörner in the University
October 30 - November 7, 2008: The third letter
is sent to all MPs of all 16 state parliaments (see sample letter in the Irren-Offensive No.14,
November 11, 2008: An open letter is sent to the German Institute for Government
Complaisance explaining why
they are becoming part of a fraud.
November 12, 2008: Demonstration
in front of the second house of the federal parliaments (Bundesrat)
because of its first reading on the Disability Rights Convention
November 12, 2008: The first reading in the federal parliament
(Bundestag); we were not able to participate in the reading, because visitors
to the debate are only allowed in before 10 p.m. and we arrived there
at 10:30 p.m. - a purely bureaucratic exclusion, but did we really miss
anything? The hypocrisy bla-bla of the first reading in the Bundestag
can be read on the Internet here: See Page 19904
13/14/15, 2008: in front of the bi-annual conference of all those who earn their
money with guardianship (Vormundschaftsgerichtstag) (documentation of the announcement and pictures)
November 17, 2008: Demonstration
in front of the German Institute for Government Complaisance,
distribution of the open letter
November 24, 2008: In a public session
of the Bundestag Committee for Work and
Social Affairs on the ratification draft, Mr. Lachwitz and Mr. Kruckenberg
betray us, Mr. Degener says nothing - by keeping silent they support the
slaughter of the UN Convention.
2008: Demonstration at the entrance to the ICC Convention Center in Berlin
during the Congress of the DGPPN (Federal psychiatrists organization in
Germany): Our slogan on the banner: "From
1.1.2009 onwards, all those who work in a closed ward are criminals"
November 27, 2008: A third letter is sent to
all members of the Bundestag
November 28, 2008: Demonstration in front of the second
house of the federal parliaments (Bundesrat)
and handing out of flyers at various "celebrations" of 60 years of Human
December 1, 2008: Handing out of
flyers at the conference of the German Institute for Government
Complaisance, allegedly on the subject of "Human Dignity"
Demonstration in front of the SPD
flyers handed out in the Kleisthaus
b) handing out of flyers at the Boell Foundation on the occasion of the
Kelly award. The Minister of Justice, Mrs. Zypries, who landed us in the
soup with her memorandum (part of the ratification law), holds a laudatory
December 3, 2008: Handing out of flyers at the Franzoescher
Dom at the Gendarmenmarkt 60th
anniversary „celebration "
December 4, 2008: We counter the 2nd + 3rd reading in
the Bundestag with our statement: The
sale of stolen human rights
December 9, 2008: Handing out of
flyers at the House of World Cultures
December 10, 2008: Demonstration
with flyers handed out in front of the Friedrich Ebert Foundation,
Hiroshimastrasse 17: Political ceremony with top political prominence
– scornful of human rights, the police relegate us from our place.
Amnesty International, as co-organizer, allows this to happen. The demonstration
is dissolved and only flyers are handed out.
December 11, 2008: Flyers are handed
out at the Amnesty International reading in the Water Tower Library.
December 18, 2008: At the celebration
of Human Rights at the University of Potsdam flyers are handed
December 19, 2008: The second house of the federal parliaments
(Bundesrat) also decides on ratification in accordance
with the "Lindauer Agreement“ [this means that international treaties
have to be positively affirmed at the federal level as well as by all
16 regional German states, with the result that all parties have to consent
because they are all in a coalition in at least one of the 17 governments.
Any disagreement would result in the abstention of one body and failure
of the ratification]. Our answer is the press release: deception
January 1, 2009: The convention
enters into force by a proclamation in the Federal Law Gazette Part II
2008 Nr. 35 31.12.2008 page 1419 - but the UN reports the ratification as taking effect on February 24, 2009.
January 26, 09: The UN High Commissioner for Human Rights reaffirms all of our
demands, which we had already made on March 29, 2007. In a report to the General Assembly of the United Nations "to
improve the awareness and understanding of the Disability Rights Convention" it is definitely
with a finding of insanity defence "must be abolished" (see Article 47
differs radically from the UN Resolution No. 46/119 of December
17, 1991" (see Article 48 below)
„must be abolished ", where "mental illness "
is an excuse for a special law in the event of danger to themselves or others - that is a definitive confirmation
of our call for the immediate abolition of all PsychKGs
by the highest Human Rights body (see Article 49 below).
Here are the most
important sections of the report as a quotation:
47. In the area of criminal law, recognition
of the legal capacity of persons with disabilities requires abolishing
a defence based on the negation of criminal responsibility because of
the existence of a mental or intellectual disability.* Instead
disability-neutral doctrines on the subjective element of the crime should
be applied, which take into consideration the situation of the individual
defendant. Procedural accommodations both during the pretrial and trial
phase of the proceedings might be required in accordance with article
13 of the Convention, and implementing norms must be adopted.
* Often referred to as “insanity defence”.
Right to liberty and security of the person
48. A particular
challenge in the context of promoting and protecting the right to liberty
and security of persons with disabilities is the legislation and practice
related to health care and more specifically to institutionalization
without the free and informed consent of the person concerned (also
often referred to as involuntary or compulsory institutionalization).
Prior to the entrance into force of the Convention, the existence of
a mental disability represented a lawful ground for deprivation of liberty
and detention under international human rights law.* The Convention
radically departs from this approach by forbidding deprivation of liberty
based on the existence of any disability, including mental or intellectual,
as discriminatory. Article 14, paragraph 1 (b), of the Convention unambiguously
states that “the existence of a disability shall in no case justify
a deprivation of liberty”. Proposals made during the drafting
of the Convention to limit the prohibition of detention to cases “solely”
determined by disability were rejected.** As a result, unlawful
detention encompasses situations where the deprivation of liberty is
grounded in the combination between a mental or intellectual disability
and other elements such as dangerousness, or care and treatment. Since
such measures are partly justified by the person’s disability, they
are to be considered discriminatory and in violation of the prohibition
of deprivation of liberty on the grounds of disability, and the right
to liberty on an equal basis with others prescribed by article 14.
* See for reference the Principles for the Protection of Persons with
Mental Illness and the Improvement of Mental Health Care, A/RES/46/119,
available at: http://www.un.org/documents/ga/res/46/a46r119.htm.
** In the course of the third session of the Ad Hoc Committee on a
Comprehensive and Integral International Convention on the Protection
and Promotion of the Rights and Dignity of Persons with Disabilities,
proposals were made to add the word “solely” to then draft
article 10, paragraph 1 (b), so it would read “any deprivation
of liberty shall be in conformity with the law and in no case shall
be based solely on disability”.
Legislation authorizing the institutionalization of persons with disabilities
on the grounds of their disability without their free and informed consent
must be abolished. This must include the repeal of provisions authorizing
institutionalization of persons with disabilities for their care and
treatment without their free and informed consent, as well as provisions
authorizing the preventive detention of persons with disabilities on
grounds such as the likelihood of them posing a danger to themselves
or others, in all cases in which such grounds of care, treatment and
public security are linked in legislation to an apparent or diagnosed
February 14, 2009: The IAAPA prize to criminalize
the psychiatrists ends: 1st Prize: „Psychiatrists: state
April 1, 2009: The regional
state of Brandenburg parliament exposes
itself as a human rights criminal gang (see Irren-Offensive No. 14, page
14): It issues a new mental health law including coercive measures –
all parties agree.
April 26, 2009: On the occasion
of a federal meeting on disability policy of the Green Party on May 5
we inform everyone with flyers about the deception
failed. We do the same in front of the chancellery at a SPD “demonstration”
and on May 13 at a meeting on invitiation of the SPD in the Bundestag.
2009: The 15th Remembrance
& Resistance Day is a demonstration
march from the T4 commemorative plaque in Tiergartenstrasse 4 to the seat
of the Federal psychiatrists organization in Germany: Our
slogan on the banner: "Since 1.1.2009, all those who work
in a closed ward are criminals" and "Psychiatrists: state protected criminals" (the poster
is now available
in 11 langauges). So they are all informed!
June 2, 2009 the general assembly
of the Bundesarbeitsgemeinschaft Psychiatrie-Erfahrener
(the-BPE.de) decided the publication of this Chronicle. It
is allredy published in German here: www.zwangspsychiatrie.de/kampagnen/chronik-eines-betrugs