individuals (who are overwhelmingly female) who undertake the care of a person with
disabilities. Such persons, including members of the families of persons with
disabilities, are often in urgent need of financial support because of their
assistance role. 25
29.
Institutionalization of persons with disabilities, unless rendered necessary for
other reasons, cannot be regarded as an adequate substitute for the social security and
income-support rights of such persons.
D. Article 10: Protection of the family and of mothers and children
30.
In the case of persons with disabilities, the Covenant’s requirement that
“protection and assistance” be rendered to the family means that everything possible
should be done to enable such persons, when they so wish, to live with their families.
Article 10 also implies, subject to the general principles of international human rights
law, the right of persons with disabilities to marry and have their own family. These
rights are frequently ignored or denied, especially in the case of persons with mental
disabilities. 26 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 fulfil their rights and duties within the family. 27
31.
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”. 28 The needs and desires in question
should be recognized and addressed in both the recreational and the procreational
contexts. These rights are commonly denied to both men and women with disabilities
worldwide. 29 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).
32.
Children with disabilities are especially vulnerable to exploitation, abuse and
neglect and are, in accordance with article 10 (3) of the Covenant (reinforced by the
corresponding provisions of the Convention on the Rights of the Child), entitled to
special protection.
25
See A/47/415, paragraph 78.
26
See E/CN.4/Sub.2/1991/31 (see note 1 above), paragraphs 190 and 193.
27
See the World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 74.
28
Standard Rules (see note 6 above), Rule 9, paragraph 2.
29
See E/CN.6/1991/2, paragraphs 14 and 59-68.