Subject: |
Norway: CRPD, ICCPR and CAT parallel reporting to UN Committees |
---|---|
Date: |
Fri, 16 Dec 2016 09:09:31 +0100 |
From: |
walter.keim Gmail <walter.keim@gmail.com> |
To: |
European Network of (Ex)-Users and Survivors of Psychiatry (ENUSP) <enusp.info@gmail.com>, WNSUP (World Network of Users and Survivors of Psychiatry), coercion <contactwnusp@gmail.com>, We Shall Overcome WSO <post@wso.no>, International Disability Alliance <info@ida-secretariat.org> |
CC: |
Mental Disability Advocacy Center (MDAC) <mdac@mdac.org>, Center for the Human Rights of Users and Survivors of Psychiatry <info@chrusp.org>, Next Steps in Absolute Prohibition |
Dear all,
thank you for your ICCPR (International Covenant on Civil and Political Rights), CAT (Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment) and CESCR Parallel Reports om Norway.
I would like to draw your attention to:
Norway’s CRPD State Report was published on UN pages 2. June 2016 and LOI will come up in 10 Pre-Sessional Working Group (24 Sep 2018 - 27 Sep 2018)
Norway’s CAT State Report was published on UN pages 7.December 2016, will be presented to Committee April 2017 and will come up in 63 session 18. April 2018
Norway’s CCPR State Report was due in 2. November 2016 the list of issues is scheduled 20 June to 15 July 2016 and will come up in a session 122 Session (12 Mar 2018 - 06 Apr 2018).
Unfortunately there is not much real progress, so WSO, IDA, WNUSP and ENUSP common CESCR parallel report is still actual. Therefore I suggest here a rough draft to make this report a basis for reporting to other UN committees.
I have added points 19a. to 19f. , 37a. and 47a. to 47c. with new information. e. g. the State Parties claim that other states have similar reservations:
47a. «Germany without Coercive Treatment in Psychiatry—A 15 Month Real World Experience»1 shows that considerable improvements are possible. The rate of inpasients under coercive medication fall under 0.5 %. In Norway approx. 10% of inpasients where under coercive medication (SINTEF A26086)2
47b. The survivors of psychiatry “Bundesverband Psychiatrie-BPE-Germany” asked the UN CRPD committee 19. February 2015: «Please condemn Germany as a human rights criminal» 3
Norway is a much bigger (ca. 20 times) «human rights criminal» compared to Germany. UN CRPD Committee gave concluding observations about the Federal Republic of Germany. Quotes from the States Report of the UN CRPD Committee on 17/04/2015: 4
«30. The Committee recommends that the State party take all the immediate necessary legislative, administrative and judicial measures to:
(a) Amend legislation to prohibit involuntary placement and promote alternative measures that are in keeping with articles 14, 19 and 22 of the Convention;»
“33.
The Committee is deeply concerned that the State party does not
recognize the use
of physical and chemical restraints, solitary
confinement and other harmful practices as acts of torture.”
UN Working Group
on Arbitrary Detention, Special Rapporteur on Rights of Persons with
Disabilities, Special Rapporteur on Health "Urgent Appeal to
Norway on forced treatment/hospitalization", ref. UA Norway
1/201, datert 30.1.2017
see
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22955
A man was
placed under “compulsary mental health care”. Appeals to the
Supervisory commission, Oslo district court, Borgating court of
appeal and Supreme Court (2. January 2015) were rejected. The Council
Govener (Fylkemann) rejected a complaint against coersive medical
care.
The "Urgent Appeal to Norway to discontinue forced
treatment/hospitalization" is based on the International
Covenant on Civil and Political Rights (CCPR), the Convention against
Torture (CAT), the International Covenant on Economic, Social and
Cultural Rights (CESCR) and the Convention on the Rights of Persons
with Disabilities (CRPD).
«These provisions impose an immediate
obligation om the States to immediately discontinue these practices
(of forced treatment/hospitalization) and reform laws allowing for
deprivation of liberty and forced treatment on the basis of
disabilities by replacing these practices with services in that meet
needs expressed by persons with disabilities and respect the
autonomy, choices, dignity and privacy.
While awaiting a reply, we
urge that all necessary interim measures to be taken to halt the
alleged violations and prevent there re-occurance...»
Please observe that my draft proposals
may need update of spelling, making
the wording more understandable and maybe changing the structure to
meet the requirements of the different covenants.
I hope
I could support your efforts.
Kind regards
--
--
Walter Keim
Netizen: http://walter.keim.googlepages.com
Call for Stop Torture in Psychiatry in Norway:
http://wkeim.bplaced.net/files/stop-torture-an.html
Is it possible to enforce access to information in Bavaria?
http://wkeim.bplaced.net/files/enforce_access_to_information.html
NORWAY MUST FULLY RESPECT RIGHTS OF PEOPLE WITH DISABILITIES:
https://www.causes.com/campaigns/102618-stop-torture-in-psychiatry-in-norway
Result: Norway lies to CRPD Committee 26 March 2019: “When it comes to the interpretive declarations, the declarations has no bearing on the legal status on the Convention in Norwegian law, nor how the Convention is followed up by Norwegian authorities, including municipalities.”
Appendix: "Guidelines on the Participation of Disabled Persons Organizations (DPOs) and Civil Society Organizations in the work of the Committee" reads:
II.
Participation in the reporting procedure within the framework of the
review of the State Party
Written submissions
5. The Committee welcomes
all written submissions with relevant country-specific information
that contributes to the review of State Party reports, in accordance
with article 35 of the Convention. To ensure that the Committee is
provided with such submissions at a relevant stage of the procedure,
they should be submitted at one or several of the following
times:
(a) before or after the state party submits its report
(b)
before the adoption of the list of issues
(c) after the state
party has submitted its replies to the list of issues and before the
constructive dialogue
(d) before the Committee adopts the list of
issues within the framework of its simplified reporting procedure
2https://www.sintef.no/contentassets/f98d2810156e4dd6b8b7aa1da8174334/endeligrapport_sintef-a26086_2.pdf