Jurisprudence of human rights treaty bodies
(Draft Article 14)
Accronyms:
CESCR: Committee on Economic, Social and Cultural Rights
HRC (ICCPR): Human Rights Committee
CERD: Committee on the Elimination of Racial Discrimination
CEDAW: Committee on the Elimination of All Forms of Discrimination against Women
CAT: Committee Against Torture
CRC: Committee on the Rights of the Child
Related references under Draft Article 14, paragraph 2 (a)
CESCR General Comment no. 5 (Persons with disabilities), para. 31: Women
with disabilities also have the right to protection and support in relation
to motherhood and pregnancy. As the Standard Rules state, "persons
with disabilities must not be denied the opportunity to experience their
sexuality, have sexual relationships and experience parenthood".
The needs and desires in question should be recognized and addressed in
both the recreational and the procreational contexts. These rights are
commonly denied to both men and women with disabilities worldwide. Both
the sterilization of, and the performance of an abortion on, a woman with
disabilities without her prior informed consent are serious violations
of article 10 (2).
Related to Draft Article 14, paragraph 2 (b)
CESCR General Comment no. 5 (Persons with disabilities), para. 30: In
the case of persons with disabilities, the Covenant's requirement that
"protection and assistance" be rendered to the family means
that everything possible should be done to enable such persons, when they
so wish, to live with their families. Article 10 [Protection of the family
and of mothers and children] also implies, subject to the general principles
of international human rights law, the right of persons with disabilities
to marry and have their own family. These rights are frequently ignored
or denied, especially in the case of persons with mental disabilities…
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