Institutions for persons with disabilities The right to sexuality arises from the right to health (the best of physical and mental health possible). The UN Committee on Economic, Social and Cultural Rights stipulated that certain types of freedom are linked to the right to health. These include control over one’s own body including sexual freedom. The UN Special Rapporteur on the right to health also emphasised that this right also includes sexual health as well as a fulfilling and safe sex life. This includes being able to obtain sufficient information, contraceptives and health services. The competent UN Committee also observed that persons with disabilities are still subjected to discrimination in this respect. LGBT persons experience discrimination in several respects. Right to sexuality is a human right The right to respect for the family also includes a right to self-determination regarding one’s own sexuality. But the principles of the UN CRPD such as equality, non-discrimination, self-determination and the principle of normality also infer the right to live in an environment in which persons with disabilities are not denied a self-determined sex life. On the one hand, this means that there are no bans (e.g. visiting bans) that impede this and, on the other, that necessary support is offered. Reality shows that there are barriers in many institutions that inhibit or impede the realisation of the right to sexuality. All of the commissions reported about facilities they had visited in which there are no sex concepts. Commission 3 reported about views that the creation of sex concepts is not the responsibility of the facility. But even when there are concepts, these are not implemented, as was observed by Commission 5. In some institutions, the relevance of these concepts is denied by alluding to the advanced age of those affected. Sexuality is a taboo in many institutions The commissions observed that there is no privacy in many facilities. Shared rooms, no privacy screens, the lack of opportunities to lock rooms or visiting and overnight bans made it difficult to be alone. In some cases, it is the express wish of the relatives that every desire for masturbation or sexual advances are prevented in advance. The caregivers play a vital role insofar as they have to respect sexual integrity in their everyday work and address the topic actively with parents and legal guardians. Uncertainty and fears must be faced constructively. Protection of sexual integrity It can often be difficult to recognise sexual needs or to properly understand utterances from clients who are severely impaired in their ability to speak or use nonverbal communication. Staff in institutions have to be very sensitive and attentive here. A lack of information and sex education makes it difficult for persons to develop a self-confident attitude to their own body. This not only inhibits having an active sex life, it also increases the risk of becoming a victim of sexual violence. According to studies, girls and women with disabilities are three times more likely to be subjected to sexual violence than other groups of persons because they are perceived as powerless and defenceless victims. Men with disabilities Empowerment can protect against sexual violence 91

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