CRPD/C/DEU/CO/1

Germany (CRPD 13-05-2015)

The Committee considered the initial report of Germany (CRPD/C/DEU/1) at its 174th and 175th meetings (see CRPD/C/SR.174 and 175), held on 26 and 27 March 2015, respectively, and adopted the following concluding observations at its 194th meeting, held on 13 April 2015.

Concluding observations

B. Specific rights (arts. 5–30)

Protecting the integrity of the person (art. 17)

37. The Committee is concerned about:

(a) the use of compulsory and involuntary treatment, in particular for persons with psychosocial disabilities in institutions and older persons in residential care;

(b) the lack of data on involuntary placement and treatment;

(c) the practice of carrying out forced sterilization and coercive abortions on adults with disabilities on the basis of substituted consent; and

(d) the lack of implementation of the 2011 recommendations of the Committee against Torture (see CAT/C/DEU/CO/5, para. 20) regarding upholding the bodily integrity of intersex children.

38. The Committee recommends that the State party take the measures, including of a legislative nature, necessary to:

(a) Repeal section 1905 of the German Civil Code and explicitly prohibit in law sterilization without the full and informed consent of the individual concerned, eliminating all exceptions, including those based upon substituted consent or court approval;

(b) Ensure that all psychiatric treatments and services are always delivered with the free and informed consent of the individual concerned;

(c) Investigate human rights violations in psychiatric and older persons care settings in all Länder;

(d) Implement all the recommendations of the Committee against Torture (ibid.) relevant to intersex children.