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Equal recognition before the law 2014, para. 8
- Paragraph text
- Article 12 of the Convention affirms that all persons with disabilities have full legal capacity. Legal capacity has been prejudicially denied to many groups throughout history, including women (particularly upon marriage) and ethnic minorities. However, persons with disabilities remain the group whose legal capacity is most commonly denied in legal systems worldwide. The right to equal recognition before the law implies that legal capacity is a universal attribute inherent in all persons by virtue of their humanity and must be upheld for persons with disabilities on an equal basis with others. Legal capacity is indispensable for the exercise of civil, political, economic, social and cultural rights. It acquires a special significance for persons with disabilities when they have to make fundamental decisions regarding their health, education and work. The denial of legal capacity to persons with disabilities has, in many cases, led to their being deprived of many fundamental rights, including the right to vote, the right to marry and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Women and girls with disabilities 2016, para. 43
- Paragraph text
- Attitudinal barriers by health care staff and related personnel may result in refusal of access of women with disabilities to healthcare practitioners and/or services, especially women with psychosocial or intellectual impairments, deaf and deafblind women, and women that are still institutionalized .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Women and girls with disabilities 2016, para. 10
- Paragraph text
- The Committee notes that contributions from its half day of general discussion on women and girls with disabilities which took place during its 9th session in April 2013, highlighted a range of topics and identified three main subjects of concern with respect to the protection of their human rights: (1) violence, (2) sexual and reproductive health and rights and (3) discrimination. Furthermore, concluding observations issued by this Committee to date on women with disabilities express concern about: the prevalence of multiple discrimination and intersectional discrimination against women with disabilities , on account of their gender, disability and other factors which are not sufficiently addressed in legislation and policies ; the right to life , equal recognition before the law , the persistence of violence against women and girls with disabilities , including sexual violence and abuse , forced sterilization , female genital mutilation , sexual and economic exploitation ; institutionalization , the lack of or insufficient participation of women with disabilities in decision-making processes in public and political life ; the lack of inclusion of a gender perspective in disability policies , the lack of a disability rights perspective in gender policies ; and the lack of or insufficient specific measures to promote the education and employment of women with disabilities .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Equal recognition before the law 2014, para. 35
- Paragraph text
- Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women provides for women's legal capacity on an equal basis with men, thereby acknowledging that recognition of legal capacity is integral to equal recognition before the law: "States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals" (para. 2). This provision applies to all women, including women with disabilities. The Convention on the Rights of Persons with Disabilities recognizes that women with disabilities may be subject to multiple and intersectional forms of discrimination based on gender and disability. For example, women with disabilities are subjected to high rates of forced sterilization, and are often denied control of their reproductive health and decision-making, the assumption being that they are not capable of consenting to sex. Certain jurisdictions also have higher rates of imposing substitute decision-makers on women than on men. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognized on an equal basis with others.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Women and girls with disabilities 2016, para. 17d
- Paragraph text
- Denial of reasonable accommodation is discrimination if necessary and appropriate modification and adjustments (that do not impose a disproportionate or undue burden) are denied and are needed to ensure women with disabilities enjoy equal exercise of a human right or fundamental freedom . For example, a woman with a disability may be denied reasonable accommodation if she cannot undergo a mammogram at a health centre due to the physical inaccessibility of the built environment.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Accessibility 2014, para. 40
- Paragraph text
- Health care and social protection would remain unattainable for persons with disabilities without access to the premises where those services are provided. Even if the buildings where the health-care and social protection services are provided are themselves accessible, without accessible transportation, persons with disabilities are unable to travel to the places where the services are being provided. All information and communication pertaining to the provision of health care should be accessible through sign language, Braille, accessible electronic formats, alternative script, and augmentative and alternative modes, means and formats of communication. It is especially important to take into account the gender dimension of accessibility when providing health care, particularly reproductive health care for women and girls with disabilities, including gynaecological and obstetric services.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Equal recognition before the law 2014, para. 7
- Paragraph text
- States parties must holistically examine all areas of law to ensure that the right of persons with disabilities to legal capacity is not restricted on an unequal basis with others. Historically, persons with disabilities have been denied their right to legal capacity in many areas in a discriminatory manner under substitute decision-making regimes such as guardianship, conservatorship and mental health laws that permit forced treatment. These practices must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Equal recognition before the law 2014, para. 9
- Paragraph text
- All persons with disabilities, including those with physical, mental, intellectual or sensory impairments, can be affected by denial of legal capacity and substitute decision-making. However, persons with cognitive or psychosocial disabilities have been, and still are, disproportionately affected by substitute decision-making regimes and denial of legal capacity. The Committee reaffirms that a person's status as a person with a disability or the existence of an impairment (including a physical or sensory impairment) must never be grounds for denying legal capacity or any of the rights provided for in article 12. All practices that in purpose or effect violate article 12 must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Equal recognition before the law 2014, para. 15
- Paragraph text
- In most of the State party reports that the Committee has examined so far, the concepts of mental and legal capacity have been conflated so that where a person is considered to have impaired decision-making skills, often because of a cognitive or psychosocial disability, his or her legal capacity to make a particular decision is consequently removed. This is decided simply on the basis of the diagnosis of an impairment (status approach), or where a person makes a decision that is considered to have negative consequences (outcome approach), or where a person's decision-making skills are considered to be deficient (functional approach). The functional approach attempts to assess mental capacity and deny legal capacity accordingly. It is often based on whether a person can understand the nature and consequences of a decision and/or whether he or she can use or weigh the relevant information. This approach is flawed for two key reasons: (a) it is discriminatorily applied to people with disabilities; and (b) it presumes to be able to accurately assess the inner-workings of the human mind and, when the person does not pass the assessment, it then denies him or her a core human right - the right to equal recognition before the law. In all of those approaches, a person's disability and/or decision-making skills are taken as legitimate grounds for denying his or her legal capacity and lowering his or her status as a person before the law. Article 12 does not permit such discriminatory denial of legal capacity, but, rather, requires that support be provided in the exercise of legal capacity.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Accessibility 2014, para. 22
- Paragraph text
- New technologies can be used to promote the full and equal participation of persons with disabilities in society, but only if they are designed and produced in a way that ensures their accessibility. New investments, research and production should contribute to eliminating inequality, not creating new barriers. Article 9, paragraph 2 (h), therefore calls on States parties to promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost. The use of hearing enhancement systems, including ambient assistive systems to assist hearing aid and induction loop users, and passenger lifts pre-equipped to allow use by persons with disabilities during emergency building evacuations constitute just some of the examples of technological advancements in the service of accessibility.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Accessibility 2014, para. 6
- Paragraph text
- In its general comment No. 5 (1994) on persons with disabilities, the Committee on Economic, Social and Cultural Rights evoked the duty of States to implement the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities. The Standard Rules highlight the significance of the accessibility of the physical environment, transport, information and communication for the equalization of opportunities for persons with disabilities. The concept is developed in rule 5, in which access to the physical environment, and access to information and communication are targeted as areas for priority action for States. The significance of accessibility can be derived also from general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights on the right to the highest attainable standard of health (para. 12). In its general comment No. 9 (2006) on the rights of children with disabilities, the Committee on the Rights of the Child emphasizes that the physical inaccessibility of public transportation and other facilities, including governmental buildings, shopping areas and recreational facilities, is a major factor in the marginalization and exclusion of children with disabilities and markedly compromises their access to services, including health and education (para. 39). The importance of accessibility was reiterated by the Committee on the Rights of the Child in its general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 28b
- Paragraph text
- [The cross-cutting nature of article 6 inextricably links it to all other substantive provisions of the Convention. In addition to the articles that have an explicit reference to sex and/or gender, the rights of women with disabilities under article 6 are particularly interrelated with the following provisions:] Sexual and reproductive health and rights, including respect for home and the family (art. 25 and 23);
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 17b
- Paragraph text
- Indirect discrimination means that law, policies or practices appear neutral at face value, but have a disproportionate negative impact on women with disabilities. For example, healthcare facilities may appear neutral, but do not include accessible examination beds for gynaecological screening.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 42
- Paragraph text
- Healthcare facilities and equipment, including mammogram machines and gynaecological examination beds, are often physically inaccessible for women with disabilities . Safe transport for women with disabilities to attend healthcare facilities or screening programmes may be unavailable, unaffordable or inaccessible.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 54
- Paragraph text
- Women with disabilities are more likely to be subjected to forced interventions than other women in general and men with disabilities, and are 'wrongfully justified by theories of incapacity and therapeutic necessity (and) are legitimized under national laws, and may enjoy wide public support as being in the alleged "best interest" of the person concerned' . Forced interventions violate a number of articles of the Convention, namely: the right to equal recognition before the law; freedom from exploitation, violence and abuse; the right to found a family; protecting the integrity of the person; sexual and reproductive health and rights; and freedom from torture or cruel, inhuman or degrading treatment or punishment .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 40
- Paragraph text
- Women with disabilities may also be denied access to information and communication, including comprehensive sexuality education, based on harmful stereotypes which assume they are asexual and thus that they do not require such information. Information may also not be available in accessible formats. Sexual and reproductive health information includes, but is not limited to information, on the basis of equality with others, about "all aspects of sexual and reproductive health, including maternal health, contraceptives, family planning, sexually transmitted infections and HIV prevention, safe abortion and post abortion care, infertility and fertility options, and reproductive cancers" .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 45
- Paragraph text
- Forced contraception and sterilization can also result in sexual violence without the consequence of pregnancy, especially for women with psychosocial or intellectual disabilities and those in psychiatric or other institutions or custody. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognised on an equal basis with others, that women with disabilities have the right to found a family and be provided with appropriate assistance to raise their children.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 48
- Paragraph text
- The lack of consideration of gender and/or disability aspects in policies relating to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas, prevents women with disabilities from living independently and participating fully in all areas of life on an equal basis with others. This is specially relevant in their access to safe houses, support services and procedures in order to provide effective and meaningful protection from violence, abuse and exploitation or when providing health care, particularly reproductive health care.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 39
- Paragraph text
- Women with disabilities face multiple barriers to the enjoyment of sexual and reproductive health and rights, equal recognition before the law and access to justice, which are addressed below. In addition to barriers resulting from multiple discrimination on the grounds of gender and disability, some women with disabilities, such as refugees, migrants and asylum seekers, face additional barriers because they are denied access to healthcare. Likewise, women with disabilities may face harmful eugenic stereotypes when it is assumed that women with disabilities give birth to children with disabilities and are thus discouraged or prevented from realizing their right to motherhood .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 51
- Paragraph text
- Women with disabilities, more often than men with disabilities and than the broader population of women, are denied their right to legal capacity. Their rights to maintain control over their reproductive health, including on the basis of free and informed consent , the right to found a family, the right to choose where and with whom to live, the right to physical and mental integrity, the right to own and inherit properties, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit are often violated through patriarchal systems of substituted decision-making.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 57
- Paragraph text
- Women with disabilities face barriers to accessing health and rehabilitation services; these include but are not limited to: lack of education and information on sexual and reproductive health and rights; physical barriers to gynaecological, obstetric and oncology services; and attitudinal barriers to fertility and hormone treatments. In addition, physical and psychological rehabilitation service provision, including counselling for acts of gender-based violence, may not be accessible, inclusive, age or gender sensitive.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 44
- Paragraph text
- In practice, the choices of women with disabilities, especially women with psychosocial or intellectual disabilities are often ignored, their decisions are often substituted by third parties, including legal representatives, service providers, guardians and family members, thus violating their rights under article 12 . All women with disabilities must be able to exercise their legal capacity by taking their own decisions, with support when desired with regard to medical and/or therapeutic treatment, including decisions on: retaining their fertility, reproductive autonomy, their right to choose the number and spacing of children, to consent and accept a statement of fatherhood, and the right to establish relationships. Restricting or removing legal capacity can facilitate forced interventions, such as: sterilisation, abortion, contraception, female genital mutilation, or surgery, or treatment performed on intersex children without their informed consent and forced detention in institutions .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 38
- Paragraph text
- Wrongful stereotyping related to disability and gender are a form of discrimination, which particularly impacts the enjoyment of sexual and reproductive health and rights, and the right to a found a family. Harmful stereotypes of women with disabilities include but are not limited to beliefs that they are: asexual, incapable, irrational, lacking control and/or hypersexual. Like all women, women with disabilities have the right to choose the number and spacing of their children, as well as the right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 32
- Paragraph text
- Certain forms of violence, exploitation or abuse may be considered as cruel, inhuman, degrading treatment or punishment and breaches a number of international human rights treaties. Among these are forced, coerced and otherwise involuntary pregnancy or sterilisation ; as well as any other medical procedure or intervention performed without free and informed consent, including those related to contraception and abortion; the invasive and irreversible surgical practises including psychosurgery, female genital mutilation or surgery or treatment performed on intersex children without their informed consent; the administration of electroshocks, chemical, physical or mechanical restraints; isolation or seclusion.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 25
- Paragraph text
- The obligation to respect requires States parties to refrain from interfering with the enjoyment of the rights of women with disabilities. As such, existing laws, regulations, customs and practices that constitute discrimination against women with disabilities must be abolished. Laws that do not allow women with disabilities to marry or choose the number and spacing of their children on an equal basis with others are frequent examples of such discrimination. Further, the duty to respect implies refraining from engaging in any act or practice that is inconsistent with article 6 and other substantive provisions, to ensure that public authorities and institutions act in conformity with it .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Women and girls with disabilities 2016, para. 2
- Paragraph text
- There is strong evidence to show that women and girls with disabilities face barriers in most areas of life. These barriers create situations of multiple and intersecting forms of discrimination against women and girls with disabilities, particularly, with regard to equal access to education, access to economic opportunities, access to social interaction, access to justice and equal recognition before the law , the ability to participate politically, and the ability to exercise control over their own lives across a range of contexts, for example: with regard to healthcare, including sexual and reproductive health; and where and with whom they wish to live.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
The right to inclusive education 2016, para. 52
- Paragraph text
- Fulfilment of the right of persons with disabilities to enjoy the highest possible standard of health without discrimination (article 25) is integral to the opportunity to benefit fully from education. The ability to attend educational environments and learn effectively is seriously compromised by lack of access to health and to appropriate treatment and care. States parties should establish health, hygiene and nutrition programmes with a gender perspective that are integrated with education services and allow for continual monitoring of all health needs. Such programmes should be developed on the principles of universal design and accessibility, provide regular school nurse visits and health screening, and build community partnerships. Persons with disabilities, on an equal basis with others, must be provided with age-appropriate, comprehensive and inclusive sexuality education, based on scientific evidence and human rights standards, and in accessible formats.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Equal recognition before the law 2014, para. 42
- Paragraph text
- As has been stated by the Committee in several concluding observations, forced treatment by psychiatric and other health and medical professionals is a violation of the right to equal recognition before the law and an infringement of the rights to personal integrity (art. 17); freedom from torture (art. 15); and freedom from violence, exploitation and abuse (art. 16). This practice denies the legal capacity of a person to choose medical treatment and is therefore a violation of article 12 of the Convention. States parties must, instead, respect the legal capacity of persons with disabilities to make decisions at all times, including in crisis situations; must ensure that accurate and accessible information is provided about service options and that non-medical approaches are made available; and must provide access to independent support. States parties have an obligation to provide access to support for decisions regarding psychiatric and other medical treatment. Forced treatment is a particular problem for persons with psychosocial, intellectual and other cognitive disabilities. States parties must abolish policies and legislative provisions that allow or perpetrate forced treatment, as it is an ongoing violation found in mental health laws across the globe, despite empirical evidence indicating its lack of effectiveness and the views of people using mental health systems who have experienced deep pain and trauma as a result of forced treatment. The Committee recommends that States parties ensure that decisions relating to a person's physical or mental integrity can only be taken with the free and informed consent of the person concerned.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Equal recognition before the law 2014, para. 31
- Paragraph text
- Recognition of legal capacity is inextricably linked to the enjoyment of many other human rights provided for in the Convention on the Rights of Persons with Disabilities, including, but not limited to, the right to access justice (art. 13); the right to be free from involuntary detention in a mental health facility and not to be forced to undergo mental health treatment (art. 14); the right to respect for one's physical and mental integrity (art. 17); the right to liberty of movement and nationality (art. 18); the right to choose where and with whom to live (art. 19); the right to freedom of expression (art. 21); the right to marry and found a family (art. 23); the right to consent to medical treatment (art. 25); and the right to vote and stand for election (art. 29). Without recognition of the person as a person before the law, the ability to assert, exercise and enforce those rights, and many other rights provided for in the Convention, is significantly compromised.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Equal recognition before the law 2014, para. 29f
- Paragraph text
- [A supported decision-making regime comprises various support options which give primacy to a person's will and preferences and respect human rights norms. It should provide protection for all rights, including those related to autonomy (right to legal capacity, right to equal recognition before the law, right to choose where to live, etc.) and rights related to freedom from abuse and ill-treatment (right to life, right to physical integrity, etc.). Furthermore, systems of supported decision-making should not over-regulate the lives of persons with disabilities. While supported decision-making regimes can take many forms, they should all incorporate certain key provisions to ensure compliance with article 12 of the Convention, including the following:] Support in decision-making must not be used as justification for limiting other fundamental rights of persons with disabilities, especially the right to vote, the right to marry, or establish a civil partnership, and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty;
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph