A/67/227
82. As regards the trafficking of women and girls with disabilities, two provisions
of the Convention on the Rights of Persons with Disabilities can be considered
applicable, although they do not directly refer to the issue. Article 16 and article 27,
on work and employment, can be interpreted to apply to situations of trafficking.
Article 6 of the Convention on the Elimination of All Forms of Discrimination
against Women addresses the suppression of trafficking and exploitation of women
in general.
83. Article 11 of the Convention on the Rights of Persons with Disabilities
requires that States must take all necessary measures to ensure the protection and
safety of persons with disabilities in situations of armed conflict, humanitarian
emergencies, natural disasters, and other situations of risk.
84. In general recommendation No. 24, the Committee on the Elimination of
Discrimination against Women also discusses issues of concern to women with
disabilities. The Committee recognizes that societal factors may be determinative of
health status and that special attention should be given to the health needs and rights
of women with disabilities, among other vulnerable groups. General
recommendation No. 27 pertains to the protection of the human rights of older
women and addresses women with disabilities by discussing the double
discrimination and gender stereotyping older women with disabilities face,
especially in regard to their access to education, health-care services, legal services
and their increased susceptibility to violence. General recommendation No. 28
focuses on the core obligations of States parties under article 2 and discusses the
enhanced vulnerability for discrimination that women with disabilities face in civil
and penal laws, regulations and customary laws and practice. The Declaration on
the Elimination of Violence against Women 1993 (see General Assembly resolution
48/104) also makes reference to violence and women with disabilities.
85. General comment No. 5 of the Committee on Economic, Social and Cultural
Rights formulates obligations of States to ensure equal rights and to eliminate
discrimination against persons with disabilities in numerous areas. Significantly, the
Committee articulated a connection between non-discrimination and the duty to
provide reasonable accommodation. Furthermore, the Committee has stated that
forced sterilization of women and girls with disabilities breaches article 10 of the
International Covenant on Economic, Social and Cultural Rights.
86. In addition, the Human Rights Council Special Rapporteur on the right to
education dedicated his 2007 thematic report to the issue of the right of persons with
disabilities to inclusive education (A/HRC/4/29, paras. 8 and 76). He found that
literacy rates for women and girls with disabilities were significantly lower than for
men and boys, and that women and girls were generally subjected to more
discrimination. Similarly, in his 2005 thematic report, the Special Rapporteur on the
right of everyone to the enjoyment of the highest attainable standard of physical and
mental health, focused on the right to health of persons with mental disabilities
(E/CN.4/2005/51, paras. 12 and 49) and found that women with intellectual
disabilities were especially vulnerable to forced sterilization and sexual violence.
He advocated for measures to protect them from violence and other right to healthrelated abuses, whether occurring in private health-care or support services. Finally,
the Special Rapporteur to monitor the implementation of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities reports annually to the
20
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