#SR_Disability

UN Disability Expert Urges OPCAT Ratification

In a recently published report the UN Special Rapporteur on the rights of persons with disabilities has called on Canada to ratify the OPCAT. In doing so, she joins an array of other UN experts and mechanisms to have urged Canada to ratify the instrument in recent years.

Following her April 2019 fact-finding mission to Canada, the UN’s top disability expert urged “… the Government of Canada to ratify the Optional Protocol on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to establish a national preventive mechanism.” (please see §79) This key recommendation was made in the report of the visit published on 19 December 2019.

In her report Catalina Devandas-Aguilar expressed concern about the deprivation of liberty and involuntary treatment of persons with disabilities in Canada, a wider issue of concern which was previously verbalized in a 2019 report. The UN disability expert stated:

The Special Rapporteur was informed that the number of involuntary hospitalizations was increasing. Furthermore, a significant number of persons with psychosocial disabilities cannot leave hospital due to the lack of community-based alternatives. The extensive use of seclusion and restraints, including chemical restraints, is also a concern, especially since there is no independent monitoring of mental health facilities. [see §79]

The UN Special Rapporteur further recommended that the government establish independent monitoring mechanisms at the provincial and territorial level for centres for deprivation of liberty, including hospitals and institutions [see §101e].

disability expert
Catalina Devandas-Aguilar, United Nations, Special Rapporteur on the Rights of Persons with Disabilities during A Day For All Event, 3 December 2015 – Photo / Jean-Marc Ferré

In Canada’s 14-page response to the UN Special Rapporteur’s report of the mission to Canada dated 24 December 2019, the Canadian Government did not offer any comment or provide additional information on the recommendation that Canada ratify the OPCAT.

In issuing the OPCAT recommendation, the UN disability expert joins the UN Special Rapporteur on violence against women who issued this same recommendation after a country visit to Canada in 2018.


Read the report of the UN Special Rapporteur on the rights of persons with disabilities of her April 2019 mission to Canada.

Read the response of Canada to the report.

Learn more about the UN Special Rapporteur on the rights of persons with disabilities in English and French.

Visit the UN Special Rapporteur’s Embracing Diversity website, including its section on Canada.

Posted by mp in NPMs, OPCAT, UN Special Rapporteur