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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
Paragraph
Accessibility 2014, para. 37
- Paragraph text
- There can be no effective access to justice if the buildings in which law-enforcement agencies and the judiciary are located are not physically accessible, or if the services, information and communication they provide are not accessible to persons with disabilities (art. 13). Safe houses, support services and procedures must all be accessible in order to provide effective and meaningful protection from violence, abuse and exploitation to persons with disabilities, especially women and children (art. 16). Accessible environment, transportation, information and communication, and services are a precondition for the inclusion of persons with disabilities in their respective local communities and for them to have an independent life (art. 19).
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Accessibility 2014, para. 46d
- Paragraph text
- [Article 30, paragraph 5, of the Convention provides that, in order to enable persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States parties shall take appropriate measures:] To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 4
- Paragraph text
- The present general comment reflects an interpretation of article 12 which is premised on the general principles of the Convention, as outlined in article 3, namely, respect for the inherent dignity, individual autonomy - including the freedom to make one's own choices -, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Men
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 36
- Paragraph text
- While article 12 of the Convention protects equality before the law for all persons, regardless of age, article 7 of the Convention recognizes the developing capacities of children and requires that "in all actions concerning children with disabilities, the best interests of the child … be a primary consideration" (para. 2) and that "their views [be] given due weight in accordance with their age and maturity" (para. 3). To comply with article 12, States parties must examine their laws to ensure that the will and preferences of children with disabilities are respected on an equal basis with other children.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 43
- Paragraph text
- Persons with disabilities have the right to a name and registration of their birth as part of the right to recognition everywhere as a person before the law (art. 18, para. 2). States parties must take the necessary measures to ensure that children with disabilities are registered at birth. This right is provided for in the Convention on the Rights of the Child (art. 7); however, children with disabilities are disproportionately likely not to be registered as compared with other children. This not only denies them citizenship, but often also denies them access to health care and education, and can even lead to their death. Since there is no official record of their existence, their death may occur with relative impunity.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 50c
- Paragraph text
- [In the light of the normative content and obligations outlined above, States parties should take the following steps to ensure the full implementation of article 12 of the Convention on the Rights of Persons with Disabilities:] Closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, in the development and implementation of legislation, policies and other decision-making processes that give effect to article 12.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
Paragraph
The right to inclusive education 2016, para. 1
- Paragraph text
- Historically viewed as welfare recipients, persons with disabilities are now recognised under international law as right-holders, with a claim to the right to education without discrimination and on the basis of equal opportunities. The United Nations Convention on the Rights of the Child (CRC, 1989), the World Declaration on Education for All (1990), the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities (1993), and the Salamanca Declaration and Framework for Action (1994) all embody measures testifying to the growing awareness and understanding of the right of persons with disabilities to education.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 7
- Paragraph text
- Consistent with Article 4, paragraph 3, States parties must consult with and actively involve persons with disabilities, including children with disabilities, through their representative organisations (OPDs), in all aspects of planning, implementation, monitoring and evaluation of inclusive education policies. Persons with disabilities and, when appropriate, their families, must be recognised as partners and not merely recipients of education.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 10a
- Paragraph text
- [Inclusive education is to be understood as:] A fundamental human right of all learners. Notably, education is the right of the individual learner, and not, in the case of children, the right of a parent or caregiver. Parental responsibilities in this regard are subordinate to the rights of the child.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 12i
- Paragraph text
- [The core features of inclusive education are:] Monitoring: As a continuing process, inclusive education must be monitored and evaluated on a regular basis to ensure that segregation or integration is not happening either formally or informally. Monitoring, according to article 33, should involve persons with disabilities, including children and persons with intensive support requirements, through OPDs, as well as parents or caregivers of children with disabilities where appropriate. Disability-inclusive indicators must be developed and used consistent with the 2030 Agenda for Sustainable Development.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 14
- Paragraph text
- Situations of armed conflict, humanitarian emergencies and natural disasters disproportionately impact the right to inclusive education. States parties should adopt inclusive Disaster Risk Reduction strategies for comprehensive school safety and security in emergencies, which are sensitive to learners with disabilities. Temporary learning environments in such contexts must ensure the right of persons, and particularly children, with disabilities to education on the basis of equality with others. This includes accessible educational materials, school facilities, counselling, or access to training in local sign language for deaf learners. According to Article 11, and recognizing the heightened risk of sexual violence in such settings, measures must be taken to ensure that learning environments are safe and accessible for women and girls with disabilities. Learners with disabilities must not be denied access to educational establishments on the basis that their evacuation in emergency situations would be impossible, and reasonable accommodation must be provided.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 17
- Paragraph text
- According to Article 24, paragraph 1(c) the aims of education must be directed towards enabling persons with disabilities to participate fully and effectively in a free society. Article 23 of the CRC stresses that, regarding children with disabilities, assistance must be provided to ensure that they have 'effective access to …..education… in a manner conducive to achieving the fullest possible social integration and individual development.' States parties must recognise that individual support and reasonable accommodation are priority matters and should be free of charge at all compulsory levels of education.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 23
- Paragraph text
- Accessibility requires that education at all levels be affordable for students with disabilities. Reasonable accommodation should not entail additional costs for learners with disabilities. Compulsory, quality, free and accessible primary education is an immediate obligation. In line with the 2030 Agenda for Sustainable Development, States parties must progressively adopt measures to ensure that all children, including children with disabilities, complete free, equitable and quality secondary education, and to ensure equal access for all women and men with disabilities to affordable and quality technical, vocational and tertiary education, including university, and life-long learning. States parties must ensure that persons with disabilities are able to access education in both public and private academic institutions on an equal basis with others.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 34b
- Paragraph text
- Deaf and hard of hearing students must be provided with the opportunity to learn sign language, and measures taken to recognise and promote the linguistic identity of the deaf community. The Committee draws the attention of States parties to UNESCO's Convention against Discrimination in Education which establishes the right of children to be taught in their own language, and reminds States parties that Article 30(4) requires that persons with disabilities are entitled, on an equal basis with others, to recognition of and support for their specific cultural and linguistic identity, including sign language and deaf culture. In addition, hard-of-hearing students must also have access to quality speech therapy services, induction loop technology and captioning.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 38
- Paragraph text
- States parties should respect, protect and fulfill each of the essential features of the right to inclusive education: availability, accessibility, acceptability, adaptability. The obligation to respect requires avoiding measures that hinder the enjoyment of the right, such as legislation excluding certain children with disabilities from education, or denial of accessibility or reasonable accommodation. The obligation to protect requires taking measures that prevent third parties from interfering with the enjoyment of the right, for example, parents refusing to send girls with disabilities to school, or private institutions refusing to enrol persons with disabilities based on their impairment. The obligation to fulfill requires taking measures that enable and assist persons with disabilities to enjoy the right to education, for example, that education institutions are accessible and that education systems are adapted appropriately with resources and services.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 40c
- Paragraph text
- [Progressive realization does not prejudice those obligations that are immediately applicable. Drawing from CESCR's General Comment, States parties have "a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels" of each of the features of the right to education. Therefore States parties should implement the following core rights with immediate effect:] Compulsory, free primary education available to all. States parties must take all appropriate measures to guarantee this right, on the basis of inclusion, to all children and youth with disabilities. The Committee urges States parties to "ensure access to and completion of quality education for all children and youth to at least 12 years of free, publicly funded, inclusive and equitable quality primary and secondary education, of which at least nine years are compulsory, as well as access to quality education for out-of- school children and youth through a range of modalities" as per the Education 2030 Framework for Action.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 45
- Paragraph text
- Article 7 asserts that, in all actions, the best interests of the child shall be a primary consideration. The best interests is a concept aimed at ensuring the full and effective enjoyment by the child of all human rights and the child's holistic development. Any determination of the best interests of a child with a disability must consider the child's own views and individual identity, the preservation of the family, care, protection and safety of the child, any particular vulnerability, and the child's right to health and education. The CRC has affirmed that the best interests of the child must be the basis on which education policies and provision are determined. Article 7 further asserts that children with disabilities have the right to express their views and the latter be given due weight on all matters affecting them, according to their age and maturity on an equal basis with other children, and that they must be provided with disability and age-appropriate assistance. Guaranteeing the right of children to participate in their education must be applied equally to children with disabilities - in their own learning and individualized education plans, within the classroom pedagogy, through schools councils, in the development of school policies and systems, and in the development of wider educational policy.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 46
- Paragraph text
- Article 8 calls for measures to raise awareness and challenge stereotypes, prejudices and harmful practices regarding persons with disabilities, particularly targeting those affecting women and girls with disabilities and persons with intellectual disabilities and intensive support requirements. These barriers impede both access to, and effective learning within the education system. The Committee notes the practice of some parents of children without disabilities removing their children from inclusive schools, based on lack of awareness and understanding of the nature of disability. States parties must adopt measures to build a culture of diversity, participation and involvement into community life and to highlight inclusive education as a means to achieve a quality education for all students, with and without disabilities, parents, teachers and school administrations, as well as the community and society. States parties must ensure that mechanisms are in place to foster, at all levels of the education system, and among parents and the wider public, an attitude of respect for the rights of persons with disabilities. Civil society, in particular OPDs, should be involved in all awareness raising activities.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 49
- Paragraph text
- Persons with disabilities, particularly women and girls, can be disproportionately affected by violence and abuse, including physical and humiliating punishments by educational personnel, for example, the use of restraints and seclusion, and bullying by others in and on route to school. Article 16 requires that States parties take all appropriate measures to protect from and prevent all forms of violence and abuse towards persons with disabilities, including sexual violence. Such measures must be age, gender and disability sensitive. The Committee strongly endorses the recommendations of the CRC, the Human Rights Committee and CESCR that States parties must prohibit all forms of corporal punishment, and cruel, inhuman and degrading treatment in all settings, including schools, and ensure effective sanctions against perpetrators. It encourages schools and other educational centers to involve students, including students with disabilities, in the development of policies, including accessible protection mechanisms, to address disciplinary measures and bullying, including cyberbullying, which is increasingly recognized as a growing feature of the lives of students, particularly children.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 50
- Paragraph text
- Inclusive education requires recognition of the right of persons with disabilities to live within the community and enjoy inclusion and participation in the community (article 19). It also demands recognition of the equal right of persons with disabilities to family life, or, failing that, to alternative care within a community setting. Children in the care of the State party, residing for example in foster care or care homes, must be ensured the right to inclusive education and the right to appeal against decisions of the State party which deny them the right to inclusive education. Too many persons with disabilities remain living in long-term institutional care, lacking access to community-based services, including education, consistent with their right to, inter alia, family life, community living, freedom of association, protection from violence and access to justice. The introduction of inclusive education in the local community must take place alongside a strategic commitment to the ending of institutions for persons with disabilities (see para 64). States parties should note the role that exercising the right to inclusive education will play in building the strengths, skills and competencies necessary for all persons with disabilities to enjoy, benefit from and contribute to their local communities.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 61l
- Paragraph text
- [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] Establishment of legislation to guarantee all persons with disabilities, including children with disabilities, the right to be heard and their opinion given consideration within the education system, including through school councils, governing bodies, local and national government, as well as mechanisms through which to challenge and to appeal decisions concerning education.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 62
- Paragraph text
- Legislation must be supported by an Education Sector Plan, developed in consultation with OPDs, including children, and detailing the process for the implementation of an inclusive education system. It should contain a timeframe and measurable goals, including measures to ensure consistency. The Plan should be informed by a comprehensive analysis of the current context pertaining to inclusive education in order to provide a baseline from which to progress, including data on, for example, current budgetary allocations, quality of data collection, numbers of children with disabilities out of school, challenges and barriers, existing laws and policies, key concerns of both persons with disabilities, families and the State party.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 64
- Paragraph text
- Inclusive education is incompatible with institutionalisation. States parties must engage in a well-planned and structured process of de-institutionalisation of persons with disabilities. Such a process must address: a managed transition setting out a defined time frame for the transition; the introduction of a legislative requirement to develop community based provision, the re-direction of funds and the introduction of multi-disciplinary frameworks to support and strengthen community-based services; the provision of support for families; and collaboration and consultation with OPDs, including children, as well as parents/caregivers of persons with disabilities. Pending the process of de-institutionalisation, persons in institutional care settings should be given access to inclusive education with immediate effect through linking them with inclusive academic institutions in the community.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 65
- Paragraph text
- Early childhood interventions can be particularly valuable for children with disabilities, serving to strengthen their capacity to benefit from education and promoting their enrolment and attendance. All such interventions must guarantee respect for the dignity and autonomy of the child. In line with SDG 4, and the 2030 Agenda for Sustainable Development, States parties are urged to ensure access to quality early childhood development, care and pre-primary education, together with the provision of support and training to parents and caregivers of young children with disabilities. If identified and supported early, young children with disabilities are more likely to transit smoothly into pre-primary and primary inclusive education settings. States parties must ensure coordination between all relevant ministries, authorities and bodies as well as OPDs and other NGO partners.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 66
- Paragraph text
- In accordance with Article 31, States parties must collect appropriate disaggregated data to formulate policies, plans and programmes to fulfill their obligations under Article 24.They must introduce measures to address the lack of accurate data on prevalence of persons with different impairments, as well as the lack of sufficient quality research and data relating to access to, permanence, and progress within education, provision of reasonable accommodation and the associated outcomes. Census, survey and administrative data, including Education Management Information System (EMIS), must capture data on students with disabilities including those still living in institutional settings. States parties should also gather disaggregated data and evidence on the barriers that prevent persons with disabilities from having access to, remaining in, and making progress in inclusive quality education to enable the adoption of effective measures to dismantle such barriers. Strategies must be adopted to overcome the exclusion of persons with disabilities from standard quantitative and qualitative data gathering mechanisms, including reluctance of parents to admit the existence of a child with a disability, lack of birth registration, or invisibility within institutions.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 11
- Paragraph text
- This general comment reflects an interpretation of article 6 which is premised on the general principles of the Convention, as outlined in article 3, namely, respect for inherent dignity, individual autonomy - including the freedom to make one's own choices -, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Men
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Women and girls with disabilities 2016, para. 17c
- Paragraph text
- Discrimination by association applies where discrimination can occur based on association with a person with a disability. For example often the association is made for women in a caregiver role. For example, a mother of a child with a disability may be discriminated against by a potential employer due to the fear of the employer that she will be a less engaged/available worker because of her child.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
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
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
Paragraph