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UN Programme on Disability   Working for full participation and equality

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…

Back to Draft Article


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