Ministers' Deputies
Notes on the Agenda

CM/Notes/913/6.1 21 January 20051
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913 Meeting, 2 February 2005
6 Social Cohesion


6.1 Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD-P-RR)

Draft Resolution ResAP (2005) … on safeguarding adults and children with disabilities against abuse

Reference documents
CM/Del/Dec(2004)909/6.2 and 912/6.2, CM(2004)195 and CM(2004)231

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Action


To examine draft Resolution ResAP(2005)… on safeguarding adults and children with disabilities against abuse, as it appears in document CM(2004)231, with a view to its adoption

1. At its 27th session (Bucharest, 21–24 September 2004) the Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) approved the Draft Resolution on safeguarding adults and children with disabilities against abuse ad referendum by 15 November 2004, and decided to submit it to the Committee of Ministers for adoption as a Partial Agreement Resolution (see abridged report of the CD-P-RR, document CM(2004)195, paragraph 10).

2. Since the abridged report of the 27th session of the CD-P-RR (CM(2004)195) was issued on
27 October 2004 for discussion at the Deputies' 907th meeting of 24 November 2004, the Draft Resolution could not yet figure in that report. Further to successive postponements of the item, the Deputies took note of the abridged report as a whole at their 909th meeting (15 December 2004) (CM/Del/Dec(2004)909/6.2).

3. The draft Resolution forms an important contribution to the Council of Europe's work to fight violence in everyday life, which covers various aspects and vulnerable groups in society which are potentially prone to acts of violence (migrants, elderly, women, etc.). In that context the present draft Resolution fillsa gap, since to date banning abuse of people with disabilities has not been addressed by a specific Council of Europe legal instrument. The draft Resolution includes a comprehensive definition of its scope and lists forms of “abuse” likely to be encountered by people with disabilities. Grounded on a rights-based approach to disability issues, it recommends that governments draw up and implement action plans to safeguard people with disabilities against abuse, taking into account a set of principles and measures to combat discrimination against people with disabilities. The draft Resolution also provides an essential tool for the follow-up to the Conference “Human Rights – Disability – Children” (Strasbourg, 8-9 November 2004), which aimed to enable children with disabilities to live with their parents in the local community, rather than in institutions. (The results of this Conference will be submitted to the Deputies at their 916th meeting, 23 February 2005). The text of the Resolution is conceptually based on the report “Safeguarding adults and children against abuse”, (Council of Europe Publishing, Strasbourg, 2003, ISBN 92-871-4919-4).

4. The 27th session of the Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD-P-RR) was attended by participants from the member states of the Partial Agreement in the Social and Public Health Field2, and by observers from 17 Council of Europe member states which are not members of the Partial Agreement3, as well as by a representative of one Council of Europe observer state4. Consequently, the Deputies, in their composition restricted to the Representatives of the member states of this Partial Agreement, might wish to bring this Resolution, once they have adopted it, to the attention of the representatives of the other Council of Europe member states as well as its observers.

5. For information the other items examined by the CD-P-RR at its 27th session are set out in the abridged report, document CM(2004)195; the complete list of decisions of the 27th session is set out in document CD-P-RR(2004)5 final.

6. At the Deputies' 912th meeting (19 January 2005, item 6.2), a delegation proposed amendments to the draft Resolution (see Appendix to these Notes). The Deputies agreed to postpone this item to the present meeting in order to have sufficient time to consider them.

Financing assured: YES

DRAFT DECISION

913th meeting – 2 February 2005

Item 6.1

Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement)
(CD-P-RR) –

Draft Resolution ResAP (2005) … on safeguarding adults and children with disabilities against abuse
(CM/Del/Dec(2004)909/6.2, CM(2004)195 et CM(2004)231)

Decision

A. The Deputies, in their composition restricted to the Representatives of the states members of the Partial Agreement in the Social and Public Health Field,5

1. adopted Resolution ResAP(2005)… on safeguarding adults and children with disabilities against abuse, as it appears at Appendix … to the present volume of Decisions; [See document CM(2004)231]

2. brought the above decisions and the said Resolution to the attention of the Representatives of the other Council of Europe member states;

B. The Deputies took note of the above decisions and of the Resolution.

Appendix

Official translation

Permanent Delegation of Portugal
to the Council of Europe

Strasbourg, 18 January 2005

Subject: Draft resolution on safeguarding adults and children with disabilities against abuse

Dear Sir,

I have the honour of enclosing Portugal's proposals regarding the draft resolution on safeguarding adults and children with disabilities against abuse, with a view to the discussion of this item during the meeting of the Ministers' Deputies on the 19th.

I should be grateful if you could distribute these proposals to the other delegations.

I remain

Yours faithfully,

(signed)
António Figueira
Deputy Permanent Representative

Mr Leonard G. Davies
Secretary to the Committee of Ministers
Council of Europe

Permanent Delegation of Portugal
to the Council of Europe

Draft resolution on safeguarding adults and children with disabilities against abuse

Proposals by Portugal (in bold)

Page 5 of document CM(2004)231: "Principles and measures to safeguard adults and children with disabilities against abuse"

- Point 2 "Inclusion of people with disabilities", paragraph 2 "They should combat discrimination against people with disabilities, promote active measures to counter it and ensure …"

- Point 2 "Inclusion of people with disabilities", paragraph 4 "…to at least the same extent as other citizens - in their use of services of all kinds."

- Point 3 "Prevention of abuse", paragraph 3 "… in order to make less likely abuse of people with disabilities through action taken or through failure to act."

- Point 4 "Legal protection", paragraph 2 "… Member states should therefore ensure that professionals working within the criminal justice system treat people with disabilities in such a way as to guarantee them equality of opportunity in the exercise of their rights and duties as citizens."

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, United Kingdom
Note 3 Albania, Armenia, Bulgaria, Czech Republic, Estonia, Greece, Hungary, Iceland, Latvia, Malta, Moldova, Poland, Romania, Russian Federation, Serbia and Montenegro, Turkey, Ukraine
Note 4 Holy See
Note 5 States concerned: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland and United Kingdom.


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