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Titre | Date ajouter | Modèle | Document | Paragraph text | Organe | Type de document | Thematics | Thèmes | Personnes concernées | Année |
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The right to inclusive education 2016, para. 14 | 19 août 2019 | Paragraph | Situations of armed conflict, humanitarian emergencies and natural disasters disproportionately impact the right to inclusive education. States parties should adopt inclusive Disaster Risk Reduction strategies for comprehensive school safety and security in emergencies, which are sensitive to learners with disabilities. Temporary learning environments in such contexts must ensure the right of persons, and particularly children, with disabilities to education on the basis of equality with others. This includes accessible educational materials, school facilities, counselling, or access to training in local sign language for deaf learners. According to Article 11, and recognizing the heightened risk of sexual violence in such settings, measures must be taken to ensure that learning environments are safe and accessible for women and girls with disabilities. Learners with disabilities must not be denied access to educational establishments on the basis that their evacuation in emergency situations would be impossible, and reasonable accommodation must be provided. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 38 | 19 août 2019 | Paragraph | States parties should respect, protect and fulfill each of the essential features of the right to inclusive education: availability, accessibility, acceptability, adaptability. The obligation to respect requires avoiding measures that hinder the enjoyment of the right, such as legislation excluding certain children with disabilities from education, or denial of accessibility or reasonable accommodation. The obligation to protect requires taking measures that prevent third parties from interfering with the enjoyment of the right, for example, parents refusing to send girls with disabilities to school, or private institutions refusing to enrol persons with disabilities based on their impairment. The obligation to fulfill requires taking measures that enable and assist persons with disabilities to enjoy the right to education, for example, that education institutions are accessible and that education systems are adapted appropriately with resources and services. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 44 | 19 août 2019 | Paragraph | Article 6 recognises that women and girls with disabilities are subject to multiple discrimination and States parties must adopt measures to ensure the equal enjoyment of their rights. Intersectional discrimination and exclusion pose significant barriers to the realization of the right to education for women and girls with disabilities. States parties must identify and remove these barriers including, inter alia, gender-based violence and lack of value placed on education of women and girls, and put in place specific measures to ensure that their right to education is not impeded by gender and/or disability discrimination, stigma or prejudice. Harmful gender and/or disability stereotypes must be combatted in textbooks and curricula. Education plays a vital role in combating traditional notions of gender that perpetuate patriarchal and paternalistic societal frameworks. States parties must ensure the access and retention of girls and women with disabilities in education and rehabilitation services as instruments for their development, advancement and empowerment. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 2 | 19 août 2019 | Paragraph | There is strong evidence to show that women and girls with disabilities face barriers in most areas of life. These barriers create situations of multiple and intersecting forms of discrimination against women and girls with disabilities, particularly, with regard to equal access to education, access to economic opportunities, access to social interaction, access to justice and equal recognition before the law , the ability to participate politically, and the ability to exercise control over their own lives across a range of contexts, for example: with regard to healthcare, including sexual and reproductive health; and where and with whom they wish to live. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 4 | 19 août 2019 | Paragraph | Terminology used in this general comment includes:
a. ‘Women with disabilities’ refers to all adult women, girls and adolescents.
b. Sex and gender: Where sex refers to biological differences and gender refers to the characteristics that a society or culture delineates as masculine or feminine.
c. Multiple discrimination is a situation where a person can experience discrimination on two or several grounds, in the sense that discrimination is compounded or aggravated . Intersectional discrimination refers to a situation where several grounds operate and interact with each other at the same time in such a way that they are inseparable . Grounds for discrimination include, but are not limited to: age, disability, ethnic, indigenous, national or social origin, gender identity, political or other opinion, race, refugee, migrant or asylum status, religion, sex, or sexual orientation. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 5 | 19 août 2019 | Paragraph | Women with disabilities are not a homogenous group. They include: indigenous women; refugee, migrant, asylum seeker and internally displaced women; women in detention (hospitals, residential institutions, juvenile or correctional facilities and prisons); women living in poverty; women from different ethnic, religious and racial backgrounds; women with multiple disabilities and high levels of support; women with albinism; and lesbian, bi-sexual, transgender women, and intersex persons. The diversity of women with disabilities also includes all types of impairments which is understood as physical, psychosocial, intellectual or sensory conditions which may or may not come with functional limitations. Disability is understood as the social effect of the interaction between individual impairment and the social and material environment, as described in article 1. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 6 | 19 août 2019 | Paragraph | Gradual changes in law and policy have occurred since the 1980s and the recognition of women with disabilities has increased. Jurisprudence developed under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) have highlighted concerns that need to be addressed regarding women and girls with disabilities and recommendations to be implemented. At a policy level, various United Nations bodies have started addressing issues facing women with disabilities and a number of regional strategies addressing disability inclusive development include them. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 7 | 19 août 2019 | Paragraph | Article 6 of the Convention is a response to the lack of recognition of the rights of women and girls with disabilities, who worked hard for its inclusion in the treaty text. It reinforces the non-discriminatory approach of the Convention in its particular application to women and girls and requires that States parties go beyond refraining from discriminatory actions, to adopting measures aiming at the development, advancement and empowerment of women and girls with disabilities and promotes measures to empower them, by recognizing these constituencies as distinct right holders, providing channels for voice and agency, raising their self-confidence and increasing their power and authority to take decisions in all areas affecting their lives. Article 6 serves as an interpretation tool to approach the responsibilities of States parties across the Convention, to promote, protect and fulfill the human rights of women and girls with disabilities, from a human rights-based approach and a development perspective. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 8 | 19 août 2019 | Paragraph | Gender equality is central to human rights. Equality is a fundamental human rights principle that is inherently relative and context specific. Ensuring the human rights of women requires, firstly, a comprehensive understanding of the social structures and power relations that frame laws and policies as well as the economy, social dynamics, family and community life, and cultural beliefs. Gender stereotypes can also limit women's capacity to develop their personal abilities, pursue their professional careers and make choices about their lives and life plans. Both hostile/negative or seemingly benign stereotypes can be harmful. There is a recognized need to address harmful gender stereotypes in order to promote gender equality . The Convention equally enshrines an obligation to combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 11 | 19 août 2019 | Paragraph | This general comment reflects an interpretation of article 6 which is premised on the general principles of the Convention, as outlined in article 3, namely, respect for inherent dignity, individual autonomy - including the freedom to make one's own choices -, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 13 | 19 août 2019 | Paragraph | Article 6 paragraph 1 recognizes that women with disabilities are subject to multiple discrimination and requires that States parties take measures to ensure the full and equal enjoyment by women with disabilities of all human rights and fundamental freedoms. The Convention references multiple discrimination in article 5 paragraph 2 which not only requires States parties to prohibit any kind of discrimination based on disability, but also to protect against discrimination on other grounds . Jurisprudence by the CRPD Committee has included measures to address multiple and intersectional discrimination . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 14 | 19 août 2019 | Paragraph | Discrimination on the basis of disability is defined by the Convention as "any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation" . Discrimination against women is defined by CEDAW as "any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, or enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field" . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 15 | 19 août 2019 | Paragraph | The Convention defines "reasonable accommodation" as 'necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms' requiring that State parties guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds . Recent jurisprudence from the CEDAW Committee has referenced reasonable accommodation with respect to women with disabilities' access to employment . The duty to provide reasonable accommodation is an ex nunc duty, meaning it is enforceable from the moment a person requests it in a given situation in order to enjoy their rights on an equal basis in a particular context. Failure to provide reasonable accommodation for women with disabilities may amount to discrimination under articles 5 and 6 . An example of reasonable accommodation could be a woman with a disability in the workplace requiring an accessible place to breast feed. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 16 | 19 août 2019 | Paragraph | Intersectional discrimination recognizes that individuals do not experience discrimination as members of a homogenous group but rather, as individuals with multidimensional layers of identities, statuses and life circumstances. It means acknowledging the lived realities and experiences of heightened disadvantage of individuals caused by multiple and intersecting forms of discrimination, which requires targeted measures with respect to disaggregated data collection, consultation, policymaking, enforceability of non-discrimination and provision of effective remedies. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 17a | 19 août 2019 | Paragraph | Direct discrimination occurs when women with disabilities are treated less favourably than another person in a similar situation for a reason related to a prohibited ground. It also includes detrimental acts or omissions on the basis of prohibited grounds where there is no comparable similar situation . For example, direct discrimination occurs when the testimonies of women with intellectual or psychosocial disabilities are dismissed from court proceedings because of legal capacity, thus denying them justice and effective remedies as victims of violence. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 18 | 19 août 2019 | Paragraph | Women with disabilities are subject to multiple discrimination not only in the public, but also in the private sphere, for example, within family relations or by private social service providers. International human rights law has long acknowledged State party responsibility for discrimination perpetrated by private, non-state actors . States parties must adopt legal provisions and procedures which explicitly recognise multiple discrimination to ensure complaints made on the basis of more than one ground of discrimination are considered in the context of the determination of both liability and remedies. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 20 | 19 août 2019 | Paragraph | The Convention sets out that States parties must take "all appropriate measures" to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities. These measures are legislative, educational, administrative, cultural, political, linguistic, and others. Measures are appropriate if they respect the principles of the Convention, including achieving the goal of guaranteeing women with disabilities the exercise and enjoyment of the human rights and fundamental freedoms set out in the Convention. Measures may be temporary or long term and should overcome de jure and de facto inequality. While special temporary measures such as quotas, might be necessary to overcome structural and systemic multiple discrimination, long term measures such as reforming laws and policies to ensure the equal participation of women with disabilities in all areas of life are essential prerequisites for achieving substantive equality for women with disabilities. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 21 | 19 août 2019 | Paragraph | All measures must ensure the full development, advancement and empowerment of women with disabilities. Although development relates to economic growth and eradication of poverty, it is not limited to these fields. While gender and disability-sensitive development in the field of, among others, education, employment, income generation, and relating to combating violence may be appropriate measures to ensure the full economic empowerment of women with disabilities, additional measures are necessary with regard to health, political and cultural and sports participation. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 23 | 19 août 2019 | Paragraph | In line with a human rights-based approach, ensuring the empowerment of women with disabilities means promoting their participation in public decision-making. Women and girls with disabilities have historically encountered many barriers to participation in public decision-making. Due to power imbalances and multiple forms of discrimination, they have had fewer opportunities to establish or join organizations that can represent their needs as women and persons with disabilities. States parties should reach out directly to women and girls with disabilities andestablish adequate measures to guarantee that the perspectives of women and girls with disabilities are fully taken into account and that they will not be subjected to any reprisals for expressing their viewpoints and concerns, especially in relation to sexual and reproductive health and rights, gender-based violence including sexual violence. Finally, States parties must promote the participation of representative organizations of women with disabilities beyond disability-specific consultative bodies and mechanisms . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 25 | 19 août 2019 | Paragraph | The obligation to respect requires States parties to refrain from interfering with the enjoyment of the rights of women with disabilities. As such, existing laws, regulations, customs and practices that constitute discrimination against women with disabilities must be abolished. Laws that do not allow women with disabilities to marry or choose the number and spacing of their children on an equal basis with others are frequent examples of such discrimination. Further, the duty to respect implies refraining from engaging in any act or practice that is inconsistent with article 6 and other substantive provisions, to ensure that public authorities and institutions act in conformity with it . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 26 | 19 août 2019 | Paragraph | The obligation to protect means that States parties have to ensure that the rights of women with disabilities are not infringed upon by third parties. Thus, States parties must take all appropriate measures to eliminate discrimination on the basis of sex and/or impairment by any person, organization or private enterprise. It also includes the duty to exercise due diligence through preventing violence or violations of human rights, protecting victims and witnesses from violations, investigating, prosecuting and punishing those responsible, including private actors, and providing access to redress and reparations where human rights violations occur . For example, promoting the training of professionals in the justice sector to ensure there are effective remedies for women with disabilities who have been subjected to violence. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 27 | 19 août 2019 | Paragraph | The obligation to fulfil imposes an ongoing and dynamic duty to adopt and apply the measures needed to secure the development, advancement and empowerment of women with disabilities. States parties must adopt a twin track approach through: a) systematically mainstreaming the interests and rights of women and girls with disabilities across all national action plans, strategies and policies concerning women, chilhood and disability as well as in sectoral plans concerning, for example: gender equality, health, violence, education, political participation, employment, access to justice and social protection; and b) targeted and monitored action aimed specifically at women with disabilities. A twin track approach is an essential pre-cursor to reducing inequality with regard to participation and enjoyment of rights. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 30 | 19 août 2019 | Paragraph | The right to freedom from exploitation, violence and abuse for women with disabilities can be impacted negatively by harmful stereotypes that heighten their risk of experiencing violence. Harmful stereotypes that infantilize women with disabilities, call into question their ability to make judgements, and perceptions of women with disabilities as being asexual, or hypersexual; and erroneous beliefs and myths, heavily influenced by superstition, which increase the risk of sexual violence against women with albinism , all contribute to women with disabilities not exercising their rights as set out in article 16. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 32 | 19 août 2019 | Paragraph | Certain forms of violence, exploitation or abuse may be considered as cruel, inhuman, degrading treatment or punishment and breaches a number of international human rights treaties. Among these are forced, coerced and otherwise involuntary pregnancy or sterilisation ; as well as any other medical procedure or intervention performed without free and informed consent, including those related to contraception and abortion; the invasive and irreversible surgical practises including psychosurgery, female genital mutilation or surgery or treatment performed on intersex children without their informed consent; the administration of electroshocks, chemical, physical or mechanical restraints; isolation or seclusion. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 35 | 19 août 2019 | Paragraph | The often preferential care and treatment of boys means that violence against girls with disabilities is more prevalent when compared to boys with disabilities or the broader population of girls. Violence against girls with disabilities includes gender-specific neglect, humiliation, concealment, abandonment, abuse, including sexual abuse and sexual exploitation, which increases during puberty. Children with disabilities are also disproportionately likely to experience non-registration at birth , which exposes them to exploitation and violence. Girls with disabilities are particularly at risk of violence from family members and caregivers . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 36 | 19 août 2019 | Paragraph | Girls with disabilities are particularly at risk of harmful practices, which are justified by invoking sociocultural and religious customs and values. For example, girls with disabilities are more likely to die through "mercy killings" than boys with disabilities because their families are unwilling or lack the support to raise a girl with an impairment . Other examples of harmful practices include: infanticide , accusations of "spirit possession" and restrictions in feeding and nutrition. In addition, the marriage of girls with disabilities, especially girls with intellectual disabilities, is justified under the pretext of providing future security, care and finance for her. In turn, child marriage contributes to higher rates of school drop-out as well as early and frequent childbirth. The social isolation, segregation and exploitation of girls with disabilities inside the family, includes: exclusion from family activities, prevention from leaving home, forced unpaid housework and being forbidden from attending school. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 37 | 19 août 2019 | Paragraph | Women with disabilities are subjected to the same harmful practices committed against women without disabilities such as forced marriage, female genital mutilation, crimes committed in the name of so called honour, dowry related violence, widowhood practices and accusations of witchcraft . The consequences of harmful practices goes far beyond social exclusion. It reinforces harmful gender stereotypes, perpetuates inequalities and contributes to discrimination against women and girls. They can result in physical, and psychological violence and economic exploitation. Harmful practice based on patriarchal interpretations of culture cannot be evoked to justify violence against women and girls with disabilities. In addition, women and girls with disabilities are particularly at risk of 'virgin testing' and, regarding HIV/AIDS misbeliefs, "virgin rapes" . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 38 | 19 août 2019 | Paragraph | Wrongful stereotyping related to disability and gender are a form of discrimination, which particularly impacts the enjoyment of sexual and reproductive health and rights, and the right to a found a family. Harmful stereotypes of women with disabilities include but are not limited to beliefs that they are: asexual, incapable, irrational, lacking control and/or hypersexual. Like all women, women with disabilities have the right to choose the number and spacing of their children, as well as the right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 39 | 19 août 2019 | Paragraph | Women with disabilities face multiple barriers to the enjoyment of sexual and reproductive health and rights, equal recognition before the law and access to justice, which are addressed below. In addition to barriers resulting from multiple discrimination on the grounds of gender and disability, some women with disabilities, such as refugees, migrants and asylum seekers, face additional barriers because they are denied access to healthcare. Likewise, women with disabilities may face harmful eugenic stereotypes when it is assumed that women with disabilities give birth to children with disabilities and are thus discouraged or prevented from realizing their right to motherhood . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Women and girls with disabilities 2016, para. 40 | 19 août 2019 | Paragraph | Women with disabilities may also be denied access to information and communication, including comprehensive sexuality education, based on harmful stereotypes which assume they are asexual and thus that they do not require such information. Information may also not be available in accessible formats. Sexual and reproductive health information includes, but is not limited to information, on the basis of equality with others, about "all aspects of sexual and reproductive health, including maternal health, contraceptives, family planning, sexually transmitted infections and HIV prevention, safe abortion and post abortion care, infertility and fertility options, and reproductive cancers" . | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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