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Guidelines on the conditions of arrest,
police custody and pre-trial detention in Africa
v.
Be provided with the facilities and materials required to meet their specific hygiene needs, and
offered gender-specific health screening and care which accords with the rights to dignity and
privacy, and the right to be seen by a female medical practitioner.
vi. Not be subject to close confinement or disciplinary segregation if pregnant, breastfeeding or
accompanied by infants.
vii. Have access to obstetric and pediatric care before, during and after birth, which should take place
at hospitals or other appropriate facilities, and never be subject to physical restraints before, during
and after childbirth.
c.
Accompanying children
States shall establish laws and policies to provide for the needs and physical, emotional, social and
psychological development of babies and children who are allowed to remain in the place of detention,
in a manner consistent with the rights of the child, and the best interests of the child, and in accordance
with the recommendations of the African Committee of Experts on the Rights and Welfare of the Child,
General Comment No. 1 on Children Imprisoned with their Mothers.
33. Persons with disabilities
a.
General principles
i.
For the purpose of these Guidelines, persons with disabilities include those who have long-term
physical, mental, intellectual or sensory impairments which, in interaction with various barriers,
may hinder their full and effective participation in society on an equal basis with others.
ii.
The arrest or detention of a person with a physical, mental, intellectual or sensory disability shall
be in conformity with the law and consistent with the right to humane treatment and the inherent
dignity of the person. The existence of a disability can in no case justify a deprivation of liberty.
No person with a disability shall be deprived of his or her liberty unlawfully or arbitrarily.
iii. Every person with a physical, mental, intellectual or sensory disability deprived of his or her liberty
shall be treated with humanity and respect, and in a manner that takes into account the needs
of persons with physical, mental, intellectual or sensory disabilities, including by provision of
reasonable accommodation. The State shall uphold the right of individuals to informed consent
with regard to treatment.
iv.
States shall ensure the entitlement of persons with disabilities in custody or detention to be
eligible for all programmes and other services available to others, including voluntary engagement
in activities and community release programmes. Considerations of alternatives to detention should
be given with a framework that includes reasonable accommodation.
v.
States shall ensure that disciplinary actions take account of a person’s disability.
b.
Legal capacity
Persons with disabilities shall enjoy full legal capacity, access to justice on an equal basis with others,
equal treatment before the law, and recognition as a person before the law.
c.
Access to justice
States shall ensure that persons with disabilities are informed about, and provided access to, promptly
and as required, appropriate support to exercise their legal capacity, including through the provision of
interpreters, information in accessible formats and/or independent third parties who are not employed
by the law enforcement authority and who are appropriately qualified.