A/67/227
Rights of Persons with Disabilities and article 4 of the Convention on the
Elimination of All Forms of Discrimination against Women include provisions
authorizing the use of special/specific measures to expedite and ensure the
achievement of equality between the sexes, including women with disabilities.
Article 8 of the Convention on the Rights of Persons with Disabilities and article 5
of the Convention on the Elimination of All Forms of Discrimination against
Women emphasize the negative role that stereotypes can play in the lives of persons
with disabilities, including women with disabilities, and women in general. Under
both Conventions, States have the responsibility to combat/eliminate stereotypes,
prejudices and harmful practices. In article 6, the Convention on the Rights of
Persons with Disabilities recognizes that gender and disability stereotypes coincide
to have a compounded effect on women with disabilities.
77. Two crucial aspects of human rights, legal capacity and access to justice, are
incorporated in both Conventions, largely drawing on the principles of autonomy or
self-determination. In the Convention on the Rights of Persons with Disabilities,
articles 12 and 13 address those issues, and in the Convention on the Elimination of
All Forms of Discrimination against Women article 15 addresses equality before the
law. The Convention on the Rights of Persons with Disabilities incorporates both
concepts of capacity to be a person before the law and legal capacity to act.
78. Article 16 of the Convention on the Rights of Persons with Disabilities, on
freedom from exploitation, violence and abuse, specifically addresses the problem
of gender-based offences. It provides for the protection of that freedom; educational
support for persons with disabilities and their families; monitoring of facilities and
programmes to serve persons with disabilities; prevention strategies; recovery
programmes; and prosecution of crimes involving exploitation, violence and abuse
against such persons. Additionally, it includes provisions regarding the
establishment of gender and age-specific supports. Article 25 is also relevant to the
issue of violence against women, in recognizing that persons with disabilities have
the right to the enjoyment of the highest attainable standard of health, without
discrimination on the basis of disability. This includes access to gender-sensitive
health services and health-related rehabilitation, sexual and reproductive health and
population-based public health programmes, all of which should be provided as
close as possible to the individual’s community.
79. Article 15 of the Convention on the Rights of Persons with Disabilities,
requires that States parties take effective measures to prevent persons with
disabilities from being subjected to torture or cruel, inhuman or degrading treatment
or punishment, in particular with regard to being subjected to medical or scientific
experimentation without free consent. The Committee against Torture has
acknowledged that certain acts against persons with disabilities, such as imprisoning
or detaining them, would constitute torture or ill-treatment.
80. Article 23 of the Convention on the Rights of Persons with Disabilities
identifies that persons with disabilities have the right to retain fertility on an equal
basis with others. Furthermore, sterilization cannot be made a condition for access
to medical care or other benefit.
81. Articles 25 and 26 of the Convention on the Rights of Persons with Disabilities
address disability prevention and rehabilitation, as an aspect of full and
comprehensive human rights protection for persons with disabilities, thereby
ensuring equal access and accessibility to all public health programmes.
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