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Elimination and prevention of all forms of violence against women and girls 2013, para. 34gg
- Paragraph text
- [The Commission urges governments, at all levels[...] to take the following actions:] [Addressing structural and underlying causes and risk factors so as to prevent violence against women and girls]: Take all appropriate legislative, administrative, social, educational and other measures to protect and promote the rights of women and girls with disabilities as they are more vulnerable to all forms of exploitation, violence and abuse, including in the workplace, educational institutions, the home and other settings;
- Legal status
- Negotiated soft law
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Further actions and initiatives to implement the Beijing Declaration and Platform for Action 2000, para. 69j
- Paragraph text
- Adopt and promote a holistic approach to respond to all forms of violence and abuse against girls and women of all ages, including girls and women with disabilities, as well as vulnerable and marginalized women and girls in order to address their diverse needs, including education, provision of appropriate health care and services and basic social services;
- Legal status
- Negotiated soft law
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2000
Paragraph
Beijing Declaration and Platform for Action 1995, para. 124m
- Paragraph text
- [By Governments:] Ensure that women with disabilities have access to information and services in the field of violence against women;
- Legal status
- Negotiated soft law
- Body
- Fourth World Conference on Women
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 1995
Paragraph
New York Declaration For Refugees and Migrants 2016, para. 23
- Paragraph text
- We recognize and will address, in accordance with our obligations under international law, the special needs of all people in vulnerable situations who are travelling within large movements of refugees and migrants, including women at risk, children, especially those who are unaccompanied or separated from their families, members of ethnic and religious minorities, victims of violence, older persons, persons with disabilities, persons who are discriminated against on any basis, indigenous peoples, victims of human trafficking, and victims of exploitation and abuse in the context of the smuggling of migrants.
- Legal status
- Negotiated soft law
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Beijing Declaration and Platform for Action 1995, para. 233a
- Paragraph text
- [By Governments and non-governmental organizations, the United Nations and other international organizations, as appropriate:] Translate, whenever possible, into local and indigenous languages and into alternative formats appropriate for persons with disabilities and persons at lower levels of literacy, publicize and disseminate laws and information relating to the equal status and human rights of all women, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Declaration on the Right to Development and the Declaration on the Elimination of Violence against Women, as well as the outcomes of relevant United Nations conferences and summits and national reports to the Committee on the Elimination of Discrimination against Women;
- Legal status
- Negotiated soft law
- Body
- Fourth World Conference on Women
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 1995
Paragraph
Violence against women 1998, para. k
- Paragraph text
- [Actions to be taken by Governments and civil society, including non-governmental organizations:] Recognize that women and girls with disabilities, women migrants and refugee women and girls could be particularly affected by violence, and encourage the development of programmes for their support;
- Legal status
- Negotiated soft law
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 1998
Paragraph
Violence against women 1998, para. d
- Paragraph text
- [Actions to be taken by Governments:] Sponsor community-based research and national surveys, including the collection of disaggregated data, on violence against women, with regard to particular groups of women, such as women with disabilities, migrant women workers and trafficked women;
- Legal status
- Negotiated soft law
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Women
- Year
- 1998
Paragraph
Women and girls with disabilities 2016, para. 30
- Paragraph text
- The right to freedom from exploitation, violence and abuse for women with disabilities can be impacted negatively by harmful stereotypes that heighten their risk of experiencing violence. Harmful stereotypes that infantilize women with disabilities, call into question their ability to make judgements, and perceptions of women with disabilities as being asexual, or hypersexual; and erroneous beliefs and myths, heavily influenced by superstition, which increase the risk of sexual violence against women with albinism , all contribute to women with disabilities not exercising their rights as set out in article 16.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
HIV/AIDS and the rights of the children 2003, para. 37
- Paragraph text
- Children may be exposed to various forms of violence and abuse which may increase the risk of their becoming HIV-infected, and may also be subjected to violence as a result of their being infected or affected by HIV/AIDS. Violence, including rape and other forms of sexual abuse, can occur in the family or foster setting or may be perpetrated by those with specific responsibilities towards children, including teachers and employees of institutions working with children, such as prisons and institutions concerned with mental health and other disabilities. In keeping with the rights of the child set forth in article 19 of the Convention, States parties have the obligation to protect children from all forms of violence and abuse, whether at home, in school or other institutions, or in the community.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Health
- Violence
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2003
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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Women and girls with disabilities 2016, para. 53
- Paragraph text
- Violations relating to deprivation of liberty disproportionately affect women with intellectual or psychosocial disabilities and those in institutional settings. Those deprived of their liberty in places such as psychiatric institutions, on the basis of actual or perceived impairment, are subject to higher levels of violence as well as cruel, inhuman, degrading treatment or punishment , are segreggated and exposed to the risk of sexual violence and trafficking within care and special education institutions . Violence against women with disabilities in institutions includes: involuntary undressing by male staff against the will of the woman concerned; forced psychiatric medication; and overmedication which can reduce the ability to describe and/or remember sexual violence. Perpetrators may act with impunity because they perceive little risk of discovery or punishment as access to judicial remedies is severely restricted, and women with disabilities subjected to such violence are unlikely to be able to access helplines or other forms of support to report such violations.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
The rights of children with disabilities 2007, para. 75
- Paragraph text
- Children with disabilities are particularly vulnerable to different forms of economic exploitation, including the worst forms of child labour as well as drug trafficking and begging. In this context, the Committee recommends that States parties which have not yet done so ratify the Convention No. 138 of the International Labour Organization (ILO) concerning the minimum age for admission to employment and ILO Convention No. 182 concerning the prohibition of and immediate action for the elimination of the worst forms of child labour. In the implementation of these conventions States parties should pay special attention to the vulnerability and needs of children with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2007
Paragraph
Persons with Disabilities 1994, para. 32
- Paragraph text
- Children with disabilities are especially vulnerable to exploitation, abuse and neglect and are, in accordance with article 10 (3) of the Covenant (reinforced by the corresponding provisions of the Convention on the Rights of the Child), entitled to special protection.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 1994
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 94
- Paragraph text
- To date, the approach to violence reduction has been fragmented, compartmentalizing different forms of violence. Importantly, many forms of violence continue to be tolerated within societies and even supported by States. For example, violence against women and children remains accepted in many societies as a cultural norm. The institutional care of young children, a clear act of violence against children, remains widespread in many countries. Around the world, many groups in vulnerable situations, including women, persons with disabilities, migrants and refugees, and lesbian, gay, bisexual, transgender and intersex persons, experience numerous forms of violence. Each example is also a violation of various human rights protected under international law, including the right to health.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2016
Paragraph
Child participation 2012, para. 23
- Paragraph text
- In accordance with article 17 of the Convention on the Rights of the Child, a child has the right to gain access to appropriate information and material. Gaining access to information is often the first step in the participation process, given that it allows an informed child to voice his or her opinion. In the context of the sale and sexual exploitation of children, this information is often delicate and must therefore take into consideration, and sometimes challenge, cultural and context-specific sensitivities. It is equally important, targeting the children who are most at risk and hard to reach, to ensure the broad geographical and linguistic reach of information tools and mechanisms. Consideration must also be given to the particular communication needs of children with disabilities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2012
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 47
- Paragraph text
- Incidents of abuse among prisoners, from subtle forms of harassment to intimidation and serious physical and sexual attacks, are a regular occurrence in all prisons. The Special Rapporteur observes that although Rule 28 (1) prohibits employing prisoners in a disciplinary capacity, in some States guards delegate the authority for maintaining discipline and protecting detainees from exploitation and violence to privileged detainees who, in turn, often use this power to their own benefit. In this context, special consideration should be given to the aggravated risk of violence that women and those from vulnerable groups, including persons with disabilities, people living with HIV/AIDS, drug-dependant individuals, lesbian, gay, bisexual, transgender and intersex persons and sex workers might suffer.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Violence against women with disabilities 2012, para. 31
- Paragraph text
- Violence against women with disabilities occurs in various spheres, including in the home, the community, as violence that is perpetrated and/or condoned by the State and as violence against women in the transnational sphere. The forms of violence to which women with disabilities are subjected can be of a physical, psychological, sexual or financial nature and include neglect, social isolation, entrapment, degradation, detention, denial of health care, forced sterilization and psychiatric treatment. Women with disabilities are twice as likely to experience domestic violence as non-disabled women, and are likely to experience abuse over a longer period of time and to suffer more severe injuries as a result of the violence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 35
- Paragraph text
- Women with disabilities experience rape and sexual abuse at home, at work, at school or on the street (see A/61/122/Add.1 and Corr.1). Others experience rape and sexual abuse within institutions, both state and non-state.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women with disabilities 2012, para. 39
- Paragraph text
- Women in institutions who need support services are usually more vulnerable. Vulnerability, both in institutions and in community settings, can range from the risk of isolation, boredom and lack of stimulation, to the risk of physical and sexual abuse. Evidence suggests that people with disabilities are at higher risk of abuse for various reasons, including dependence on a large number of caregivers and also because of barriers to communication. One study found that the majority (68 per cent) of psychiatric outpatients in a hospital had experienced major physical and/or sexual assaults therein, a higher frequency than in the general population.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 60
- Paragraph text
- The holistic approach to women's rights, by situating violence against women on a continuum from the home to the transnational sphere, has been further developed by the Special Rapporteur in her reports to the General Assembly, such as her 2011 report (A/66/215). In that report, she recommended that States engage in transformative remedies to confront the root causes of violence against women, in order to achieve individual, institutional and structural change. In her 2012 and 2013 reports to the General Assembly, the Special Rapporteur dealt with two issues that had not been specifically addressed in previous thematic reports, namely, violence against women with disabilities and violence with respect to the incarceration of women. Both reports provide a clear illustration of how violence against women intersects with other factors, including different forms of inequality and identity status, such as poverty, health, race, ethnicity, sexual orientation, religion and language.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
The right to mental health 2017, para. 25
- Paragraph text
- Conventional wisdom based on a reductionist biomedical interpretation of complex mental health-related issues dominates mental health policies and services, even when not supported by research. Persons with psychosocial disabilities continue to be falsely viewed as dangerous, despite clear evidence that they are commonly victims rather than perpetrators of violence. Likewise, their capacity to make decisions is questioned, with many being labelled incompetent and denied the right to make decisions for themselves. That stereotype is now regularly shattered, as people show that they can live independently when empowered through appropriate legal protection and support.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Children in street situations 2017, para. 52
- Paragraph text
- Children with disabilities end up in street situations for various reasons, including economic and social factors, and are sometimes exploited for begging. States should take all actions necessary to prevent and to explicitly criminalize such exploitation and to bring perpetrators to justice. Children in street situations may be at risk of developing disabilities owing to the negative impact of aspects of street life, such as violence, exploitation and substance abuse. Intellectual and psychosocial disabilities can render children in street situations particularly vulnerable to exploitation and abuse. States should adopt special protection measures, including identifying and removing barriers that prevent children with disabilities from gaining access to services, including inclusive education.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 3
- Paragraph text
- The present report focuses on the sexual and reproductive health and rights of girls and young women with disabilities. The term “girls with disabilities” refers to women with disabilities below the age of 18 years, whereas the term “young women with disabilities” refers to women between 15 and 24 years of age. The Special Rapporteur stresses that those women face significant challenges in making autonomous decisions with regard to their reproductive and sexual health, and are regularly exposed to violence, abuse and harmful practices, including forced sterilization, forced abortion and forced contraception. She recalls that States have an obligation to invest in the sexual and reproductive health and rights of girls and young women with disabilities, and to end all forms of violence against them.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 29
- Paragraph text
- The forced sterilization of girls and young women with disabilities represents a widespread human rights violation across the globe. Girls and young women with disabilities are disproportionately subjected to forced and involuntary sterilization for different reasons, including eugenics, menstrual management and pregnancy prevention. Women with intellectual and psychosocial disabilities, as well as those placed in institutions, are particularly vulnerable to forced sterilization. Despite the limited data on current practices, studies show that the sterilization of women and girls with disabilities continues to be prevalent, and up to three times higher than the rate for the general population.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 34
- Paragraph text
- Girls and young women with disabilities are disproportionately affected by different forms of gender-based violence, including physical, sexual, psychological and emotional abuse; bullying; coercion; arbitrary deprivation of liberty; institutionalization; female infanticide; trafficking; neglect; domestic violence; and harmful practices such as child and forced marriage, female genital mutilation, forced sterilization and invasive and irreversible involuntary treatments (see A/HRC/20/5, paras. 12-27). Many of those forms of violence are a consequence of the intersection between disability and gender, and might happen while a girl or young woman with disabilities performs daily hygiene, receives treatment or is overmedicated. Gender-based violence occurs at home, in institutions, in schools, in health centres and in other public and private facilities, and perpetrators are frequently relatives, caregivers and professionals on whom the girl or young woman may depend.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 49
- Paragraph text
- States have an obligation to prevent, investigate, prosecute and try all acts of violence, including sexual violence, and to protect the rights and interests of the victims. National human rights institutions and civil society organizations can play a key role in carrying out inquiries and investigations on exploitation, violence or abuse against girls and young women with disabilities, and in assisting all women with disabilities in accessing legal remedies. For instance, the National Union of Women with Disabilities of Uganda trained 32 women with disabilities as paralegals with knowledge about the rights of women and girls with disabilities related to sexual and reproductive health and rights and gender-based violence. The paralegals offer peer-to-peer support with regard to reporting violations and conducting the necessary follow-up to ensure justice is achieved. States should consider reparations and redress mechanisms for girls and young women with disabilities who have been subjected to harmful practices, such as forced sterilization and forced abortion, particularly within institutions (see CEDAW/C/JPN/CO/7-8, paras. 24-25).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 13
- Paragraph text
- In 1993, the Vienna Conference on Human Rights adopted a declaration and a programme of action, which took into account both discrimination and violence against women. The Conference addressed specific human rights violations suffered by identifiable groups of individuals, including persons belonging to national, racial, ethnic, religious and linguistic minorities, indigenous peoples, women, children and persons with disabilities. It also recognized violence against women as a particular human rights violation which required the attention and resources of the United Nations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2011
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 43a (ii)
- Paragraph text
- [Social measures should reflect governmental commitment to fulfilling child protection rights and provide for basic and targeted services. They can be initiated and implemented by both State and civil society actors under the responsibility of the State. Such measures include:] [Social policy measures to reduce risk and prevent violence against children, for example:] Identification and prevention of factors and circumstances which hinder vulnerable groups' access to services and full enjoyment of their rights (including indigenous and minority children and children with disabilities, among others);
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Year
- 2011
Paragraph
Equal recognition before the law 2014, para. 29a
- 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:] Supported decision-making must be available to all. A person's level of support needs, especially where these are high, should not be a barrier to obtaining support in decision-making;
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
Equal recognition before the law 2014, para. 29b
- 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:] All forms of support in the exercise of legal capacity, including more intensive forms of support, must be based on the will and preference of the person, not on what is perceived as being in his or her objective best interests;
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph