E/C.12/1994/13
page 8
C.
Article 9 - Social security
28.
Social security and income-maintenance schemes are of particular
importance for persons with disabilities. As stated in the Standard Rules,
"States should ensure the provision of adequate income support to persons with
disabilities who, owing to disability or disability-related factors, have
temporarily lost or received a reduction in their income or have been denied
employment opportunities". 24/ Such support should reflect the special
needs for assistance and other expenses often associated with disability. In
addition, as far as possible, the support provided should also cover
individuals (who are overwhelmingly female) who undertake the care of a person
with disabilities. Such persons, including members of the families of persons
with disabilities, are often in urgent need of financial support because of
their assistance role. 25/
29.
Institutionalization of persons with disabilities, unless rendered
necessary for other reasons, cannot be regarded as an adequate substitute for
the social security and income-support rights of such persons.
D.
Article 10 - Protection of the family and of mothers and children
30.
In the case of persons with disabilities, the Covenant’s requirement that
"protection and assistance" be rendered to the family means that everything
possible should be done to enable such persons, when they so wish, to live
with their families. Article 10 also implies, subject to the general
principles of international human rights law, the right of persons with
disabilities to marry and have their own family. These rights are frequently
ignored or denied, especially in the case of persons with mental disabilities. 26/
In this and other contexts, the term "family" should be interpreted broadly
and in accordance with appropriate local usage. States parties should ensure
that laws and social policies and practices do not impede the realization of
these rights. Persons with disabilities should have access to necessary
counselling services in order to fulfil their rights and duties within the
family. 27/
31.
Women with disabilities also have the right to protection and support in
relation to motherhood and pregnancy. As the Standard Rules state, "persons
with disabilities must not be denied the opportunity to experience their
sexuality, have sexual relationships and experience parenthood". 28/ The
needs and desires in question should be recognized and addressed in both the
recreational and the procreational contexts. These rights are commonly denied
to both men and women with disabilities worldwide. 29/ Both the
sterilization of, and the performance of an abortion on, a woman with
disabilities without her prior informed consent are serious violations of
article 10 (2).
32.
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.