OPCAT monitoring and the Convention on the Rights of Persons with Disabilities

Abstract

OPCAT (Optional Protocol for the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) monitoring involves regular visits to places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. It is now well established in international law that social care, disability, health and mental health settings are places where torture and ill treatment can occur. In addition, it has been recognised that torture and ill treatment in international law encompass a range of practices and experiences that were previously overlooked. The idea that routine practices in care settings might be characterised as ‘torture’ is controversial because these actions are generally thought to be motivated by the need to cure, help or protect people in care. This article analyses the contemporary definitions of torture in the context of social, disability health and health care settings, arguing that the Convention on the Rights of Persons with Disabilities (CRPD) is prompting further expansion of the definition of torture and ill-treatment, requiring  additonal attention to the circumstances and experiences of people with disabilities in all contexts. The article discusses the implications of evolving international standards for OPCAT monitoring in Australia.