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. 12-45120 19

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