5(C)(iii). Monitoring and accountability

It is likely that instances of abuse and neglect will decrease if staff become aware that they are being monitored. Providing the client with a mobile phone, as suggested above, can be helpful. Getting the inspectorate (such as a human rights commission or ombudsperson’s office) involved can also help. Lawyers can check whether these bodies visit the client’s institution. If they do not, the lawyer can suggest that they do.

Article 33 of the CRPD requires States to establish “a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention”. Governments are not always aware of the extent of violations that happen within institutions and so contacting these mechanisms and calling for them to monitor the institution may result in immediate accountability for alleged perpetrators. In addition, the European Committee for the Prevention of Torture does not have an individual complaints procedure but it welcomes confidential information about which institutions it should inspect during its next visit to the country.^[62]