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ĐORĐEVIĆ v. CROATIA JUDGMENT
vi. to support people with disabilities, in particular women, and their families, in
situations of abuse through the provision of information and access to services;
vii. to ensure that systems are in place for the protection against abuse of persons
with disabilities in psychiatric facilities, social care homes and institutions,
orphanages, and other institutional settings;
viii. to ensure that relevant training is provided to all staff working in disabilityspecific institutional settings and mainstream support services;
ix. to train police and judicial authorities so that they can receive testimony from
disabled people and treat instances of abuse seriously;
x. to provide people with disabilities with information on how to avoid the
occurrence of violence and abuse, how to recognise it, and how to report it;
xi. to take effective legislative, administrative, judicial or other measures with
strong sanctions in a transparent manner and to allow for independent review by civil
society in order to prevent all forms of physical or mental violence, injury or abuse,
neglect and negligent treatment, maltreatment, exploitation or abduction of people
with disabilities;
...”
77. The relevant parts of Resolution ResAP(2005)1 on safeguarding
adults and children with disabilities against abuse (adopted by the
Committee of Ministers on 2 February 2005 at the 913th meeting of the
Ministers’ Deputies) read as follows.
“...
I. Definition of abuse
1. In this Resolution abuse is defined as any act, or failure to act, which results in a
breach of a vulnerable person’s human rights, civil liberties, physical and mental
integrity, dignity or general well-being, whether intended or through negligence,
including sexual relationships or financial transactions to which the person does not or
cannot validly consent, or which are deliberately exploitative. At a basic level abuse
may take a variety of forms:
a. physical violence, including corporal punishment, incarceration – including
being locked in one’s home or not allowed out –, over- or misuse of medication,
medical experimentation or involvement in invasive research without consent, and
unlawful detention of psychiatric patients;
b. sexual abuse and exploitation, including rape, sexual aggression, indecent
assault, indecent exposure, forced involvement in pornography and prostitution;
c. psychological threats and harm, usually consisting of verbal abuse, constraints,
isolation, rejection, intimidation, harassment, humiliation or threats of punishment
or abandonment, emotional blackmail, arbitrariness, denial of adult status and
infantilising disabled persons, and the denial of individuality, sexuality, education
and training, leisure and sport;