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Equal recognition before the law 2014, para. 8
- Paragraph text
- Article 12 of the Convention affirms that all persons with disabilities have full legal capacity. Legal capacity has been prejudicially denied to many groups throughout history, including women (particularly upon marriage) and ethnic minorities. However, persons with disabilities remain the group whose legal capacity is most commonly denied in legal systems worldwide. The right to equal recognition before the law implies that legal capacity is a universal attribute inherent in all persons by virtue of their humanity and must be upheld for persons with disabilities on an equal basis with others. Legal capacity is indispensable for the exercise of civil, political, economic, social and cultural rights. It acquires a special significance for persons with disabilities when they have to make fundamental decisions regarding their health, education and work. The denial of legal capacity to persons with disabilities has, in many cases, led to their being deprived of many fundamental rights, including the right to vote, the right to marry and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 10
- Paragraph text
- The Committee notes that contributions from its half day of general discussion on women and girls with disabilities which took place during its 9th session in April 2013, highlighted a range of topics and identified three main subjects of concern with respect to the protection of their human rights: (1) violence, (2) sexual and reproductive health and rights and (3) discrimination. Furthermore, concluding observations issued by this Committee to date on women with disabilities express concern about: the prevalence of multiple discrimination and intersectional discrimination against women with disabilities , on account of their gender, disability and other factors which are not sufficiently addressed in legislation and policies ; the right to life , equal recognition before the law , the persistence of violence against women and girls with disabilities , including sexual violence and abuse , forced sterilization , female genital mutilation , sexual and economic exploitation ; institutionalization , the lack of or insufficient participation of women with disabilities in decision-making processes in public and political life ; the lack of inclusion of a gender perspective in disability policies , the lack of a disability rights perspective in gender policies ; and the lack of or insufficient specific measures to promote the education and employment of women with disabilities .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Equal recognition before the law 2014, para. 35
- Paragraph text
- Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women provides for women's legal capacity on an equal basis with men, thereby acknowledging that recognition of legal capacity is integral to equal recognition before the law: "States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals" (para. 2). This provision applies to all women, including women with disabilities. The Convention on the Rights of Persons with Disabilities recognizes that women with disabilities may be subject to multiple and intersectional forms of discrimination based on gender and disability. For example, women with disabilities are subjected to high rates of forced sterilization, and are often denied control of their reproductive health and decision-making, the assumption being that they are not capable of consenting to sex. Certain jurisdictions also have higher rates of imposing substitute decision-makers on women than on men. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognized on an equal basis with others.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 29
- Paragraph text
- Women with disabilities are at heightened risk of violence, exploitation and abuse compared to the broader population of women. Violence may be interpersonal, institutional and/or structural in nature. Institutional and/or structural violence is any form of structural inequality or institutional discrimination that maintains a woman in a subordinate position, whether physical or ideological, with regard to other people within her family , household or community.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 12
- Paragraph text
- Article 6 is a cross-cutting article related to all articles of the Convention to remind States parties to include the rights of women and girls with disabilities in all actions aimed at implementing the Convention. In particular, positive action measures need to be taken in order to ensure that women with disabilities are protected against multiple discrimination and can enjoy human rights and fundamental freedoms on an equal basis with others.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Equal recognition before the law 2014, para. 13
- Paragraph text
- Legal capacity and mental capacity are distinct concepts. Legal capacity is the ability to hold rights and duties (legal standing) and to exercise those rights and duties (legal agency). It is the key to accessing meaningful participation in society. Mental capacity refers to the decision-making skills of a person, which naturally vary from one person to another and may be different for a given person depending on many factors, including environmental and social factors. Legal instruments such as the Universal Declaration of Human Rights (art. 6), the International Covenant on Civil and Political Rights (art. 16) and the Convention on the Elimination of All Forms of Discrimination Against Women (art. 15) do not specify the distinction between mental and legal capacity. Article 12 of the Convention on the Rights of Persons with Disabilities, however, makes it clear that "unsoundedness of mind" and other discriminatory labels are not legitimate reasons for the denial of legal capacity (both legal standing and legal agency). Under article 12 of the Convention, perceived or actual deficits in mental capacity must not be used as justification for denying legal capacity.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Equal recognition before the law 2014, para. 6
- Paragraph text
- The right to equality before the law is also reflected in other core international and regional human rights treaties. Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women guarantees women's equality before the law and requires the recognition of women's legal capacity on an equal basis with men, including with regard to concluding contracts, administering property and exercising their rights in the justice system. Article 3 of the African Charter on Human and Peoples' Rights provides for the right of every person to be equal before the law and to enjoy equal protection of the law. Article 3 of the American Convention on Human Rights enshrines the right to juridical personality and the right of every person to recognition as a person before the law.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Equal recognition before the law 2014, para. 4
- Paragraph text
- The present general comment reflects an interpretation of article 12 which is premised on the general principles of the Convention, as outlined in article 3, namely, respect for the 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Men
- Persons with disabilities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 28c
- Paragraph text
- [The cross-cutting nature of article 6 inextricably links it to all other substantive provisions of the Convention. In addition to the articles that have an explicit reference to sex and/or gender, the rights of women with disabilities under article 6 are particularly interrelated with the following provisions:] Spheres of discrimination against women with disabilities in other relevant articles.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 24
- Paragraph text
- State parties to the Convention have an obligation to respect, to protect and to fulfil the rights of women with disabilities under article 6 and all other substantive provisions in order to guarantee them the enjoyment and exercise of all human rights and fundamental freedoms. These duties imply the undertaking of legal, political, administrative, educational and other measures.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 19
- Paragraph text
- Article 6 paragraph 2 addresses the development, advancement and empowerment of women. It assumes that women can be ensured the rights designated in the Convention if States parties strive to achieve and promote these goals with appropriate means, and in all of the fields addressed by the Convention.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 1
- Paragraph text
- The present draft was prepared by the Committee on the Rights of Persons with Disabilities in accordance with rule 47 of its rules of procedure, which states that the Committee may prepare general comments based on the various articles and provisions of the Convention with a view to assisting States parties in fulfilling their reporting obligations, as well as paragraphs 54-57 of its working methods.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 62b v
- Paragraph text
- [In the light of the normative content and obligations outlined above, State parties should take the following steps to ensure the full implementation of article 6 of the Convention on the Rights of Persons with Disabilities, providing adequate resources in this regard:] Take all appropriate measures to ensure the development, advancement and empowerment of women with disabilities through, inter alia: Support and promotion of international cooperation and assistance in a manner consistent with all national efforts to eliminate the legal, procedural, practical or social barriers to the full development, advancement and empowerment of women with disabilities in their communities as well as at the national, regional and global levels and the inclusion of women with disabilities in the design, implementation and monitoring of international cooperation projects and programmes that affect their lives.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 62b iii
- Paragraph text
- [In the light of the normative content and obligations outlined above, State parties should take the following steps to ensure the full implementation of article 6 of the Convention on the Rights of Persons with Disabilities, providing adequate resources in this regard:] Take all appropriate measures to ensure the development, advancement and empowerment of women with disabilities through, inter alia: Support and promotion of the creation of organizations and networks of women with disabilities and the promotion and support for women with disabilities to take leadership roles in public decision-making bodies at all levels.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 62b i
- Paragraph text
- [In the light of the normative content and obligations outlined above, State parties should take the following steps to ensure the full implementation of article 6 of the Convention on the Rights of Persons with Disabilities, providing adequate resources in this regard:] Take all appropriate measures to ensure the development, advancement and empowerment of women with disabilities through, inter alia: Repealing any law or policy that restricts women with disabilities from their effective and full participation in political and public life on an equal basis with others, including the right to form and join organizations and networks of women in general, and of women with disabilities.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 62a iv
- Paragraph text
- [In the light of the normative content and obligations outlined above, State parties should take the following steps to ensure the full implementation of article 6 of the Convention on the Rights of Persons with Disabilities, providing adequate resources in this regard:] Combat multiple discrimination through inter alia: Collecting and analysing data on the situation of women with disabilities in all areas relevant to them in consultation with organizations of women with disabilities with a view to guiding policy planning for the implementation of article 6, and eliminating all forms of discrimination, especially multiple and intersectional discrimination and improving data collection systems for adequate monitoring and evaluation.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 62a iii
- Paragraph text
- [In the light of the normative content and obligations outlined above, State parties should take the following steps to ensure the full implementation of article 6 of the Convention on the Rights of Persons with Disabilities, providing adequate resources in this regard:] Combat multiple discrimination through inter alia: Addressing all barriers that prevent or restrict the participation of women with disabilities and ensuring that women with disabilities as well as the views and opinions of girls with disabilities, through their representative organizations, are included in the design, implementation and monitoring of all programmes which have an impact on their lives; including women with disabilities in all branches and bodies of the national monitoring system.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 62a ii
- Paragraph text
- [In the light of the normative content and obligations outlined above, State parties should take the following steps to ensure the full implementation of article 6 of the Convention on the Rights of Persons with Disabilities, providing adequate resources in this regard:] Combat multiple discrimination through inter alia: Adopting appropriate laws, policies and actions to ensure the rights of women with disabilities are included in all policies, especially in policies related to women in general, as well as in policies on disability.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 53
- Paragraph text
- Violations relating to deprivation of liberty disproportionately affect women with intellectual or psychosocial disabilities and those in institutional settings. Those deprived of their liberty in places such as psychiatric institutions, on the basis of actual or perceived impairment, are subject to higher levels of violence as well as cruel, inhuman, degrading treatment or punishment , are segreggated and exposed to the risk of sexual violence and trafficking within care and special education institutions . Violence against women with disabilities in institutions includes: involuntary undressing by male staff against the will of the woman concerned; forced psychiatric medication; and overmedication which can reduce the ability to describe and/or remember sexual violence. Perpetrators may act with impunity because they perceive little risk of discovery or punishment as access to judicial remedies is severely restricted, and women with disabilities subjected to such violence are unlikely to be able to access helplines or other forms of support to report such violations.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 26
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 25
- Paragraph text
- 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 .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 20
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 18
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 13
- Paragraph text
- 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 .
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 7
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Women and girls with disabilities 2016, para. 6
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
26 shown of 26 entities