Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, A/HRC/22/53, 1 February 2013

Abusive practices committed in health-care settings may tantamount to torture or cruel, inhuman or degrading treatment or punishment.

Art. 1 CAT
Art. 14 CRPD

1. The State’s obligation to prevent torture applies not only to public officials, but also to doctors, health-care professionals and social workers, including those working in private hospitals, other institutions and detention centers.

2. Medical treatments of an intrusive and irreversible nature, when lacking a therapeutic purpose, may constitute torture or ill-treatment when enforced or administered without the free and informed consent of the person concerned. This is particularly the case when intrusive, irreversible and non-consensual treatments are performed on patients from marginalized groups. For example, the discriminatory character of forced psychiatric interventions, when committed against persons with psychosocial disabilities, satisfies both intent and purpose required under the article 1 of the Convention against Torture, notwithstanding claims of ‘good intentions’ by medical professionals.

3. States should impose an absolute ban on all forced and non-consensual medical interventions against persons with disabilities, including the non-consensual administration of psychosurgery, electroshock and mind-altering drugs such as neuroleptics, the use of restraint and solitary confinement, for both long- and short-term application.