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”. 124

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