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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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The right of persons with disabilities to social protection 2015, para. 60 | Aug 19, 2019 | Paragraph | Fifth, the eligibility criteria of social protection programmes should not include factors that could directly or indirectly exclude persons with disabilities. For instance, in many countries child nutrition programmes operate only at childcare centres and schools. Since children with disabilities have fewer opportunities to attend school, many of them lack access to nutrition programmes. Older persons with disabilities are also usually excluded from receiving disability benefits owing programmes are targeted towards the poor. Social protection programmes target persons with disabilities either as a separate group through disability-specific programmes; by explicitly incorporating them within the targeting criteria of mainstream programmes; or by including them within groups at risk of poverty. Programmes can also either target all persons with disabilities, only certain age groups, or focus on a particular level or type of impairment. to their age, yet pensions and other available benefits may not fully address disability-related needs. Therefore, States must take into account the situation of persons with disabilities when targeting specific age groups. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2015 | ||
Access to rights-based support for persons with disabilities 2017, para. 78 | Aug 19, 2019 | Paragraph | Some persons with disabilities may need support to overcome barriers that limit their ability to communicate and be understood. While the provision of accessible information and communication can reduce the need for support of persons with disabilities, many of them may still require support with communication. The situation of children with disabilities with limited or no speech capacity is particularly alarming, since their communication needs are usually neglected within the education system and in their communities, despite the existence of low-cost resources and materials. In this regard, States must take all appropriate measures to ensure that persons with disabilities, whatever their communication skills or type of impairment, can access the communication support they need through different forms of communication, as defined in article 2 of the Convention. This includes professional sign language interpretation, display of text, Braille, tactile communication, large print and accessible multimedia, as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communications technology. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Disability-inclusive policies 2016, para. 45 | Aug 19, 2019 | Paragraph | According to articles 20, 26 (3) and 28 (2) (a) of the Convention on the Rights of Persons with Disabilities, States have an obligation to promote the availability, knowledge and use of assistive devices and technologies for persons with disabilities. Article 20 (b) requires States to take effective measures to facilitate the access of persons with disabilities, including children with disabilities, to mobility aids, devices, assistive technologies and forms of live assistance and intermediaries. Those measures must include making them available at no or an affordable cost. Moreover, as part of their general obligations, States should undertake or promote research and development of, and promote the availability and use of, devices and assistive technologies suitable for persons with disabilities, giving priority to technologies at an affordable cost (article 4 (1) (g)). They should also provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities (article 4 (1) (h)). Despite those obligations, in many developing countries only 5 to 15 per cent of those in need of assistive devices and technologies are able to obtain them. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2016 | ||
Mandate, working methods, work plan for the mandate 2015, para. 23a | Aug 19, 2019 | Paragraph | [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Supporting law reform processes. Most legal systems in the world still contain provisions that discriminate against persons with disabilities and violate their human rights, from the denial of legal capacity or the right to vote to education laws that exclude children with disabilities from the general education system. Although efforts have been made to harmonize national legislation with the Convention on the Rights of Persons with Disabilities, much remains to be done. The Special Rapporteur aims to contribute to these processes by providing technical advice and exchanging good practices with a view to supporting and promoting legal reform that is inclusive of the rights of persons with disabilities, and by promoting the effective involvement of and consultation with persons with disabilities and their representative organizations in legislative reform. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2015 | ||
The right of persons with disabilities to social protection 2015, para. 11 | Aug 19, 2019 | Paragraph | As a foundation for any national social protection system, these floors must ensure, at a minimum, access to essential health care (including maternity care) and to a basic level of income security for (a) children - including access to food, education, care and other necessary goods and services; (b) persons of active age who are unable to earn sufficient income, including persons with disabilities; and (c) older persons. The ILO recommendation concerning national floors of social protection, 2012 (No. 202) identifies as priority areas of attention the prevention and alleviation of poverty, vulnerability and social exclusion, and sets forth guidelines for implementing and monitoring national strategies that are participatory, country-led, sustainable and regularly reviewed. It also provides guidance to States on progressively providing higher levels of protection to as many people as possible and as soon as possible, reflecting States' economic and fiscal capacities. The recommendation also recognizes the principles of non-discrimination, gender equality and responsiveness to specific needs, and emphasizes that any initiative should support people with special needs and other potentially disadvantaged groups. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2015 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 32 | Aug 19, 2019 | Paragraph | There is a worrisome and growing number of cases of surgical procedures and hormonal treatments intended to inhibit the growth of girls and young women with severe impairments. Hysterectomy, for example, is regarded as an effective way to avoid menstruation management,42 and it is justified on the discriminatory presumption that girls and young women with disabilities cannot handle the pain, discomfort and trauma of menstruation — an argument not applicable to girls and women without disabilities. Oestrogen treatment is also being increasingly administered for “growth-attenuation therapy”, aiming to inhibit girls’ entry into puberty and reduce their final height and weight in order to facilitate care. Those practices constitute gross human rights violations that go well beyond patronizing and infantilizing; they prioritize the interests of caregivers to the detriment and denial of a person’s dignity and integrity. As the Committee on the Rights of the Child has emphasized, the interpretation of a child’s best interests cannot be used to justify practices that conflict with the child’s human dignity and right to physical integrity. Stunting a girl’s growth does not represent, by any means, an appropriate response to the lack of support that families may encounter in providing assistance to their girls with disabilities. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 33 | Aug 19, 2019 | Paragraph | Girls with disabilities are also likely to be proposed for marriage in regions and communities where child marriage occurs. Indeed, families are more prone to force girls with disabilities into marriage because they see it as a way to ensure long-term security and protection for their children. In addition, the Committee on the Rights of Persons with Disabilities has strongly condemned the practice of female genital mutilation affecting girls and women with disabilities in a number of countries. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 60 | Aug 19, 2019 | Paragraph | Girls and young women with disabilities have the same sexual and reproductive health and rights as other girls and young women. However they encounter significant obstacles in exercising and accessing those rights, including stigma and stereotypes, restrictive legislation and a lack of child- and disability-appropriate information and services. Moreover, poverty and/or social exclusion deprive them of the necessary knowledge to develop healthy relationships and increase the risk of sexual abuse, sexually transmitted diseases, unintended pregnancies and harmful practices. Grave human rights violations such as forced sterilization, forced abortion and forced contraception are frequent, and the violence experienced by girls and young women with disabilities remains largely invisible. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 57 | Aug 19, 2019 | Paragraph | The Sustainable Development Goals, which call for a significant increase in the availability of high-quality, timely and reliable data disaggregated by, inter alia, gender, age and disability (Goal 17), represent a unique opportunity to collect better data related to the sexual and reproductive health and rights of girls and young women with disabilities. The short set of six questions on disability formulated by the Washington Group on Disability Statistics provides a well-tested method for disability data disaggregation in national censuses and surveys, including household and demographic and health surveys. In addition, the United Nations Children’s Fund (UNICEF) and the Washington Group on Disability Statistics have developed a module on child functioning, which covers children between the ages of 2 and 17 that can be incorporated into existing data collection efforts. The module is included in the current round of the UNICEF-supported multiple indicator cluster survey that will be implemented in more than 35 low- and middle-income countries during the next three years. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 55 | Aug 19, 2019 | Paragraph | States should be aware that the views of girls and young women with disabilities might collide with those of their families and caregivers. While organizations of parents of children with disabilities are instrumental in promoting and securing the autonomy and active participation of their children, States must always take into consideration the will and preferences of children with disabilities (see A/HRC/31/62, para. 36). Similarly, mainstream organizations of persons with disabilities might have different views from those of children with disabilities, therefore it is important to consult and engage directly with girls and adolescents with disabilities. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 54 | Aug 19, 2019 | Paragraph | States must consult and involve children with disabilities, including girls and adolescents, in the implementation of sexual and reproductive health and rights as provided by articles 4, paragraph 3, and 7 of the Convention on the Rights of Persons with Disabilities. It is crucial that girls and young women with disabilities be consulted, as they are the experts on their own lives. Girls and young women with disabilities, even the youngest, have the right to participate in policymaking, so they must be provided with disability- and age-appropriate support. Plan International has developed guidelines for consulting with children and young people with disabilities that contain practical suggestions on the matter. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 52 | Aug 19, 2019 | Paragraph | States have an obligation to provide access to sexual and reproductive health and rights services to all girls and young women with disabilities without discrimination. States must therefore eliminate discrimination against girls and young women with disabilities in law, policy and practice; ensure child- and gender-sensitive policies and programmes; and prohibit all forms of discrimination in the provision of those services. Moreover, States need to take measures to provide disability- and age-appropriate support and reasonable accommodation to girls and young women with disabilities so that they can access and enjoy those services and facilities on an equal basis with others. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 51 | Aug 19, 2019 | Paragraph | States must ensure that all information and communication pertaining to sexual and reproductive health and rights are accessible to persons with disabilities, including through sign language, Braille, accessible electronic formats, alternative script, easy-to-read formats, and augmentative and alternative modes, means and formats of communication.64 For instance, call centres to report cases of gender-based violence must be accessible to deaf and hard-of-hearing girls and women through text messaging or other alternative methods. For example, Illinois Imagines has developed guides and other materials for rape crisis centres, disability service agencies and self-advocates that include guidance for prevention education programmes and picture guides about sexual assault exams and the rights of sexual violence survivors. The University of Tartu in Estonia has provided training for teachers on how to deliver comprehensive sexuality education in plain language so that children with intellectual disabilities can benefit equally from the lessons. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 46 | Aug 19, 2019 | Paragraph | States must provide information and assistance to families of girls and young women with disabilities in relation to sexual and reproductive health and rights. Families may need assistance in understanding their child’s sexuality, ways to support their sexual and reproductive health needs and ways to avoid, recognize and report instances of sexual exploitation, violence and abuse. Studies have shown that training can change the attitudes of parents towards the sexuality of their children with disabilities and improve their confidence in talking to them about sexuality. Parents and family members need guidance on understanding the importance of sexuality education and respecting their children’s right to express their views freely, which will help them overcome fears about the risk of sexual exploitation and abuse of girls and young women with disabilities. Families should be involved not just as recipients of training but as participants of awareness-raising initiatives to modify their own attitudes and practices in relation to their children with disabilities. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 41 | Aug 19, 2019 | Paragraph | The rights of and needs of girls and young women with disabilities must be mainstreamed and addressed by States in all policies and programmes on sexual and reproductive health and rights. Many States have a range of policies and strategies that specifically address both the rights of persons with disabilities and sexual and reproductive health and rights, but those are usually disconnected and do not include a child, youth or gender perspective. Moreover, where policies and strategies identify persons with disabilities as key vulnerable groups, there is generally little focus on the specific challenges faced by girls and young women with disabilities. States must ensure that their health-care systems and services meet the specific sexual and reproductive health needs of adolescents with disabilities. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 35 | Aug 19, 2019 | Paragraph | Evidence on sexual and gender-based violence against girls and young women with disabilities is robust. Studies from across the globe show that they are at increased risk of violence, abuse and exploitation compared with those without disabilities, and with boys and young men with disabilities. Overall, children with disabilities are almost four times more likely to experience violence than children without disabilities. However, the risk is consistently higher in the case of deaf, blind and autistic girls, girls with psychosocial and intellectual disabilities and girls with multiple impairments. Belonging to a racial, religious or sexual minority, or being poor, also increases the risk factor for sexual abuse for girls and young women with disabilities. Humanitarian crises and conflict and post-conflict settings generate additional risks of sexual violence and trafficking that affect girls with disabilities. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 31 | Aug 19, 2019 | Paragraph | Other medical procedures or interventions that are often performed without the free and informed consent of girls and young women with disabilities include forced contraception and forced abortion. Contraception is often used to control menstruation at the request of health professionals or parents. Moreover, while the contraceptive needs of girls and young women with disabilities are the same as those without disabilities, they receive contraception more often by way of injection or through intrauterine devices rather than orally, as it is less burdensome for families and service providers. In addition, girls and young women with disabilities are frequently pressured to end their pregnancies owing to negative stereotypes about their parenting skills and eugenics-based concerns about giving birth to a child with disabilities. During official country visits, the Special Rapporteur has received information about compulsory regular gynaecological checks and the use of forced abortion in institutions as a way to contain the institution’s population. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 27 | Aug 19, 2019 | Paragraph | The prevalence of sexually transmitted infections among youth with disabilities, including girls and young women with disabilities, is of concern. Evidence shows that children and youth with disabilities have a similar or increased risk for contracting sexually transmitted infections compared with other youth, while girls with disabilities experience higher rates than boys with disabilities. However, youth with disabilities, including girls, are less likely to receive information about the prevention of HIV/AIDS or to be given condoms or other methods to prevent sexually transmitted diseases. Evidence suggests, for example, that HIV testing is lower among youth with disabilities (men and women) than among the general population. Generally, girls and young women with disabilities are not the target of prevention campaigns on sexually transmitted infections and cancers. The issue is particularly serious for those who are deaf or deaf-blind, who are traditionally excluded from all mainstream information. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 16 | Aug 19, 2019 | Paragraph | Article 7 of the Convention provides that States must take measures to ensure the full enjoyment of rights by children with disabilities, consider the principle of best interests and respect their evolving capacities. The Convention requires States to ensure that boys and girls with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right (see art. 7, para. 3). The Convention thus reinforces the obligations of States to recognize and respect the evolving capacities of children with disabilities and to provide support to strengthen their capacities to enable independent decision-making. As stressed by the Committee on the Rights of the Child, the young age or the disability of a child does not deprive her or him of the right to express her or his views, nor reduces the weight given to the child’s views in determining her or his best interests. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 15 | Aug 19, 2019 | Paragraph | The Convention addresses the rights of girls and women with disabilities in a cross-cutting manner, adopting a twin-track approach. On one hand, it includes specific articles on women and children with disabilities (see arts. 6 and 7); on the other, it refers to them in the general principles and other substantive articles (see arts. 3, 4, 8, 13, 16, 18, 23, 25 and 30). Article 6 recognizes that women and girls with disabilities are subject to multiple discriminations and requires States to adopt measures to ensure their full and equal enjoyment of rights, as well as their full development, advancement and empowerment. States must systematically mainstream the interests and rights of girls with disabilities in and across all national action plans, strategies and policies concerning women, childhood and disability, as well as in their sectoral plans. They must also target and monitor action aimed specifically at girls with disabilities, including their sexual and reproductive health and rights. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 14 | Aug 19, 2019 | Paragraph | The adoption of the Convention on the Rights of Persons with Disabilities represented a major milestone towards the full and effective enjoyment of sexual and reproductive health and rights by girls and young women with disabilities. Embracing the basic principles of human rights, the Convention moves away from medical and paternalistic approaches towards a human rights-based approach to the sexual and reproductive health and rights of persons with disabilities. The Convention challenges all forms of substituted decision-making in the exercise of sexual and reproductive health and rights (see arts. 12 and 25); prohibits harmful and discriminatory practices against persons with disabilities in all matters related to marriage, family, parenthood and relationships, including the right to retain their fertility and to decide on the number and spacing of their children (see art. 23); calls to end all forms of exploitation, violence and abuse, including their gender-based aspects (see art. 16); and promotes access to quality sexual and affordable reproductive health care and programmes (see art. 25). | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 6 | Aug 19, 2019 | Paragraph | Disability is more prevalent among women than men. Women with disabilities account for almost one fifth of the world’s female population. There are no reliable and representative global data on children with disabilities. Estimates suggest that there are between 93 and 150 million children with disabilities worldwide, but numbers could be higher. Furthermore, there are very few statistics available on girls with disabilities at national and international levels, as generally data are not disaggregated by gender, age and disability. That scarcity of data has contributed to making the pressing human rights issues that affect children with disabilities, and girls in particular, invisible. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Access to rights-based support for persons with disabilities 2017, para. 70 | Aug 19, 2019 | Paragraph | International cooperation can play a crucial role in the implementation of support systems. Donor countries and international organizations should consider increasing funding for the design and development of sustainable national support systems and securing the necessary funds to implement development aid inclusive of the support arrangements required by persons with disabilities. For example, when funding national education systems, donors should take into account the obligation to provide support to children and adolescents with disabilities within the general education system to facilitate their effective education. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Access to rights-based support for persons with disabilities 2017, para. 63 | Aug 19, 2019 | Paragraph | Persons with disabilities and their representative organizations must participate in all decision-making processes related to the design, implementation, monitoring and evaluation of support services and arrangements. Persons with disabilities know best what type of support they require and the barriers they face in accessing it. The Convention on the Rights of Persons with Disabilities explicitly requires States to consult closely with and actively involve persons with disabilities, including children with disabilities, in the development and implementation of legislation and policies concerning issues relating to them (art. 4 (3)). The Special Rapporteur's thematic study on the right of persons with disabilities to participate in decision-making (A/HRC/31/62) provides specific guidance in this regard. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Access to rights-based support for persons with disabilities 2017, para. 44 | Aug 19, 2019 | Paragraph | Children with disabilities and their families require different types of support services, especially in the education and health sectors. They include assistive technology, communication support and individualized education plans, and information and assistance to families of children with disabilities in need. For too long, children and adolescents with disabilities have been mere recipients of "special care", when this is available at all, which resulted in widespread segregation, institutionalization and neglect. Instead, States must organize support services and measures that foster their well-being and enable them to realize their full potential. Families need help to understand disability in a positive way and to know how to help support their children to be autonomous and independent. Limited understanding of care can hinder their right to express their views freely on all matters affecting them, in accordance with their age and maturity, and to be provided with disability- and age-appropriate assistance to realize that right. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Access to rights-based support for persons with disabilities 2017, para. 41 | Aug 19, 2019 | Paragraph | The Convention challenges traditional approaches to care and has the potential to redress the legacy of disempowerment and paternalism. Furthermore, the notion of support in the Convention also has the potential to override traditional understandings of care and assistance for other groups, such as older persons and children. The Convention restores the importance of the "human being" in the human rights discourse by emphasizing the individual and social aspects of the human experience. These innovations can and should be incorporated into the implementation of all existing human rights instruments. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
Access to rights-based support for persons with disabilities 2017, para. 29 | Aug 19, 2019 | Paragraph | International human rights law requires States to provide persons with disabilities access to appropriate support to carry out daily activities and participate in society. The Convention on the Rights of Persons with Disabilities - the highest international standard on promotion and protection of the rights of persons with disabilities - clearly stipulates the obligation of States to ensure access to a wide range of support services to persons with disabilities, and provides a comprehensive framework for its implementation. The Convention on the Rights of the Child also recognizes the obligation of States to ensure the assistance required by children with disabilities for achieving their fullest possible social integration and individual development (art. 23). | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2017 | ||
The right of persons with disabilities to participate in decision-making 2016, para. 100c | Aug 19, 2019 | Paragraph | [The Special Rapporteur offers the following recommendations to assist States in realizing the right of persons with disabilities to participate in decision-making:] Adopt legislation to require State authorities to closely consult with and actively involve persons with disabilities, including children and women with disabilities, through their representative organizations, in the development and implementation of legislation and policies that directly or indirectly concern them. States should establish formal mechanisms and remedies to challenge decisions that do not adhere to this requirement; | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2016 | ||
The right of persons with disabilities to participate in decision-making 2016, para. 74 | Aug 19, 2019 | Paragraph | In most countries, children with disabilities are not provided with disability and age-appropriate assistance to allow them to participate in decision-making processes that may be relevant in their lives. States should guarantee the right of children with disabilities to express their views freely on all matters affecting them and give their views due weight in accordance with their age and maturity, on an equal basis with other children. Contributions to the present report illustrate the benefit of implementing disability-inclusive strategies and guidelines on children's participation in decision-making. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2016 | ||
The right of persons with disabilities to participate in decision-making 2016, para. 63 | Aug 19, 2019 | Paragraph | National legal frameworks must explicitly require that State authorities consult closely with and actively involve persons with disabilities (including women and children with disabilities) through their representative organizations, in the development and implementation of legislation and policies concerning issues relating to them. This requires prior consultations and engagement with representative organizations of persons with disabilities at all stages of public decision-making, including before the adoption of legislation, policies and programmes that affect them. This duty stretches beyond consultation and access to public decision-making spaces and moves into the areas of partnership, delegated power and citizen control. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2016 |