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PERSONS WITH DISABILITIES AND THEIR SEXUAL, REPRODUCTIVE, AND PARENTING RIGHTS: AN INTERNATIONAL AND COMPARATIVE ANALYSIS

PERSONS WITH DISABILITIES AND THEIR SEXUAL, REPRODUCTIVE, AND PARENTING RIGHTS: AN INTERNATIONAL AND COMPARATIVE ANALYSIS
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摘要 Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration. Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.
出处 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2016年第1期53-85,共33页 中国高等学校学术文摘·法学(英文版)
关键词 DISABILITY Convention on the Rights of Persons with Disabilities human rights parenting sexual and reproductive rights disability, Convention on the Rights of Persons with Disabilities, human rights,parenting, sexual and reproductive rights
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  • 1Dale Margolin, No Chance to Prove Themselves." The Rights of Mentally Disabled Parents under the Americans with Disabilities Act and State Law, 15 Virginia Journal of Social Policy and the Law 112, 139-141 (2007).
  • 2Id. at 3l; see also id. at 19 ("It is evident that the woman in question will need care and assistance which will in turn entail some costs. However, that cannot be a ground for denying the exercise of reproductive rights").
  • 3See UNCRPD, fn. 123, Art. 12.
  • 4General Comment No. 10, fn. 163 at 21.
  • 5See generally Arie Rimmerman, Family Policy and Disability 175-195 (2015).
  • 6See Pillow Angels, fn. 96.
  • 7See e.g. In re Marion, fn. 91 at 306 (finding that caring for a child with an intellectual disability "adds a significant burden to the ordinarily demanding task of caring for children" and that subject to the child's best interests, "the interests of other family members, particularly primary care-givers, are relevant to a court's decision whether to authorise sterilisation." Id. at 306).
  • 8See FIGO Guidelines, fn. 214 at 123.
  • 9Trynie Boezaart, Protecting the Reproductive Rights of Children and Young Adults with Disabilities: The Roles and Responsibilities of the Family, the State, and Judicial Decision-Making, 26 Emory International Law Review 69, 85 (2012).
  • 10See UNCRPD, fn. 123, Preamble (x).

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