COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Section (f) of Economic and Social Council
resolution 1985/17 setting up the Committee on Economic, Social and Cultural Rights
gives the Committee the mandate to prepare General Recommendations. To date the
Committee has communicated 21 General
General
Comment
General Comment No. 5
– Persons with
disabilities,
1994
Recommendations. Some of these touch
upon reproductive rights whereas one of
them is specifically about the role of NHRIs
in protecting economic, social and cultural
rights (General Comment No. 10 from
1998).
Provisions related to Reproductive Rights
On the right to marry, Paragraph 30 affirms, “These rights are
frequently ignored or denied, especially in the case of persons with
mental disabilities. 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 fulfi l
their rights and duties within the family.”
Paragraph 31 states, “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” (…) 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)”.5
5 In the General Recommendation reference is made to the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, annexed to United Nations General Assembly resolution 48/96 of 20 December 1993, which in Rule 9, paragraph 2, states that “persons with disabilities must not be denied the opportunity to
experience their sexuality, have sexual relationships and experience parenthood”.
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