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Article
22 - Respect for privacy, the home and the family
Background Documents | Article
22 Background
Seventh Session | Fifth Session | Fourth
Session | Third Session
Working Group | References
Fifth Session
Governments
Non-governmental organizations
Comments, proposals and amendments submitted electronically
Governments
EUROPEAN UNION
Proposed Modifications to Draft Article 14
RESPECT FOR PRIVACY, THE HOME AND THE FAMILY
1. 1. Persons with disabilities, including those living in institutions, shall
not be subjected to arbitrary or unlawful interference with their privacy, and
shall have the right to the protection of the law against such interference.
States Parties to this Convention shall take effective measures to protect the
privacy of the home, family, correspondence and medical records of persons with
disabilities and their choice to take decisions on personal matters.
EU Proposal: The EU suggests replacing “including those living in institutions”
by “regardless of their place of residence or living arrangements”. Insert "freedom
of" before "choice".
The EU suggests adding “and other communications” after “correspondence” in
line 5 and deleting “and” before “medical records”.
2. 2. States Parties to this Convention shall take effective and appropriate
measures to eliminate discrimination against persons with disabilities in all
matters relating to marriage and family relations and in particular shall ensure:
(a) that persons with disabilities are not denied the equal opportunity to experience
their sexuality, have sexual and other intimate relationships, and experience
parenthood;
(b) (b) the right of all men and women with disabilities who are of marriageable
age to marry on the basis of free and full consent of the intending spouses,
and to found a family;
EU proposal: replace by ‘that the right of all men and women with disabilities
who are of marriageable age to marry and to found a family on the basis of free
and full consent of the intending spouses, shall be recognised.” (based on ICCPR,
Article 23(2) and 23(3)).
(c) the rights of persons with disabilities to decide freely and responsibly
on the number and spacing of their children on an equal basis with other persons
and to have access to information, reproductive and family planning education,
and the means necessary to enable them to exercise these rights.
EU Proposal: EU suggests that sub-paragraphs (d), (e) and (f) should
be included as separate paragraphs, numbered 3, 4 and 5 respectively.
(d) the rights of persons with disabilities in regard to guardianship, wardship,
trusteeship and adoption of children, or similar institutions where these concepts
exist in national legislation. For the purpose of guaranteeing these rights,
States Parties shall render appropriate assistance to disabled parents in the
performance of their child rearing responsibilities.
EU Proposal: EU suggests replacing the word “parents” with the word
“persons” in the second sentence. The EU suggests adding “; in all cases the
best interest of the child shall be the paramount consideration” after “national
legislation” in line 4.
(e) that a child shall not be separated from his or her parents against their
will, except when competent authorities subject to judicial review determine,
in accordance with applicable law and procedures, that such separation is necessary
for the best interests of the child.
The child shall not however be separated from parents with disabilities on the basis either directly or indirectly of their disability;
EU Proposal: The EU suggests deletion of the words that the word “solely” be
substituted for the words “either directly or indirectly” .
(f) the promotion of awareness and the provision of information aimed at changing
negative perceptions and social prejudices towards sexuality, marriage and parenthood
of persons with disabilities.
Following the EU proposals, (d), (e) and (f) would read as follows:
(3) States Parties to this Convention shall ensure that there is no discrimination
against persons with disabilities in regard to guardianship, wardship, trusteeship
and adoption of children, or similar institutions where these concepts exist
in national legislation; in all cases the best interest of the child shall be
the paramount consideration . States Parties shall render appropriate assistance
to disabled persons in the performance of their child rearing responsibilities.
(4) States Parties shall ensure that a child shall not be separated from his
or her parents against their will, except when competent authorities subject
to judicial review determine, in accordance with applicable law and procedures,
that such separation is necessary for the best interests of the child. The child
shall not however be separated from parents with disabilities on the basis solely
of their disability;
(5) States Parties shall take appropriate measures to change negative perceptions
and social prejudices towards sexuality, marriage and parenthood of persons
with disabilities.
Proposed modifications to draft Article 14
RESPECT FOR PRIVACY, THE HOME AND THE FAMILY
The Indian delegation seeks to indicate the addition of the words :
"..to information on reproductive health and family planning options and
counselling for themselves and their families on full import and responsibilities
of marriage and parenthood" after "...to have access to..." in
Article 14 (2)(c) of the WG text of Article 13.
SOUTH AFRICA
Proposed modifications to draft Article 14
RESPECT FOR PRIVACY, THE HOME AND THE FAMILY
States Parties to this Convention shall take effective and appropriate measures
to eliminate discrimination against persons with disabilities in all matters
relating to marriage and family relations, and in particular shall ensure:
f. to educate, raise public awareness and provide information in accessible
formats to change negative perceptions and social prejudices towards sexuality,
marriage and parenthood of persons with disabilities.
UNITED STATES OF AMERICA
Article 14 -
States Parties to this Convention shall take effective and appropriate measures
to eliminate discrimination against persons with disabilities in all matters
relating to marriage and family relations, and in particular shall ensure:
(a) The right of men and women with disabilities of marriageable age to marry
and found a family shall be recognized, and no marriage shall be entered into
without the free and full consent of the intending spouses.
[Holy See]
(b) The rights of persons with disabilities to decide feely and responsibly
on the number and spacing of their children on an equal basis with other persons
and to have access to information, reproductive and family planning education,
and the means necessary to enable them to exercise these rights; [Working Group
text for subpara 9c].
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS
- Information sheet
Institutionalization undermines human rights:
Too often, institutions are the only option offered to people with disabilities
as a place to live. Institutions are places where some of the gravest human
rights violations take place for the following reasons :
• A person cannot decide where to live, with whom to room, what and when to
eat, or when and how to come and go
• A person loses individuality and becomes part of a system that they have no
control over
• A person does not leave the institution to go to the doctor, the barber, school
or work; everything happens inside the institution
• A person seldom sees their family
• Because everything takes place inside an institution and away from the public
eye, a person is more vulnerable to sexual, physical and/or emotional abuse
In effect a person living in an institution is isolated from the community in
a setting where self determination cannot be exercised.
The right to live in the community - for every person
Frequently, the need for support or assistance is used to argue that placement
in an institution is necessary, or that the person is ineligible to live in
the community in the living arrangement of their choice.
The Convention should correct this misconception, and determine that:
• Every person has the right to be included in the community, regardless of
his or her need for support; and, linked with that –
• Every person has the right to receive the assistance to enable them to live
in the community – including personal assistance and peer support, and access
to information regarding such support services.
• Every person is entitled to determine and direct the support they need. In
no case shall support be imposed against the person’s will.
As in other articles, there is no “one size fits all formula” for type and level
of assistance required. For some, monthly peer support sessions would suffice;
for others, daily support may be required. All assistance, services and supports
should be provided in a manner that strengthens the autonomy, individuality
and dignity of the person with a disability.
- Draft proposal
(1) States Parties to this Convention shall take effective measures to protect
the privacy of persons with disabilities, their home, family, communications
of all kinds and medical records and their choice to make decisions on personal
matters. No person with a disability shall be subjected to arbitrary or unlawful
interference with their privacy, and shall have the right to the protection
of the law against such interference.
(2) States Parties to this Convention shall take effective and appropriate measures
to eliminate discrimination against persons with disabilities in all matters
relating to personal relationships, and in particular shall ensure:
(a) That persons with disabilities are not denied the equal opportunity to experience
their sexuality, have sexual and other intimate relationships, and experience
parenthood;
(b) The right of all men and women with disabilities who are of marriageable
age to marry on the basis of free and full consent of the intending spouses,
and to found a family;
(c) The right of persons with disabilities to retain fertility and effectively
exercise their reproductive rights and to that end shall prohibit practices
such as compulsory sterilization and abortion;
(d) That persons with disabilities have access to reproductive and family planning
information and the means necessary to exercise them;
(e) The rights of persons with disabilities with regard to guardianship, wardship,
trusteeship and adoption of children, or similar institutions where these concepts
exist in national legislation. For the purpose of guaranteeing these rights,
States Parties shall provide appropriate assistance to parents with disabilities
in the performance of their child-rearing responsibilities;
(f) That a child shall not be separated from his or her parents on the basis
of their disability
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