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Article 22 - Respect for privacy, the home and the family
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Fifth Session

Report of the Coordinator to the Fifth Session

Draft article 14

No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation. All persons with a disability have the right to the protection of the law against such interference or attacks.

Draft article 14 bis

1. 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, on an equal basis with others:

(a) That persons with disabilities are not denied the equal opportunity to [experience their sexuality,] have sexual and other intimate relationships [through a legal marriage] and experience parenthood [in accordance with the national laws customs and traditions in each country];

(b) That the right of all [men and women] [persons] 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 is recognized [and that husband and wife should be equal partners];

(c) The rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children [and to have access to information, reproductive and family planning education, the means necessary to enable them to exercise these rights and the equal opportunity to retain their fertility to the extent that these are permitted by national legislation of general application].

2. States parties to this Convention shall ensure [the rights and responsibilities of] [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 and that in all cases the interests of the child is paramount. States parties shall render appropriate assistance to disabled persons in the performance of their child-rearing responsibilities.

3. States parties shall ensure that a child is not separated from his or her parents against their will, except when competent authorities determine, in accordance with applicable law and procedures and subject to judicial review or other forms of administrative review as established by law, that such separation is necessary in the best interests of the child. In no case shall a child be separated from parents on the [basis] [existence] of disability of either the child or one or both of the parents.
4. States parties shall take [all] appropriate and effective measures to promote awareness, and provide education and information to the public in accessible formats, aimed at changing negative perceptions and social prejudices towards [sexuality marriage and parenthood] [in all matters of marriage and family relations] persons with disabilities.