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
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