Abortion without prior consent for women with disabilities

Type of entry: Potential Violation

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." (Standard Rules, Rule 9, para. 2.) 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. (See E/CN.6/1991/2, paras. 14 and 59-68). Both the sterilisation of, and the performance of an abortion on, a woman with disabilities without her prior informed consent are serious violations of article 10 (2). CESCR/GC5 IV(D)(31)

Broader Terms:

Other Related Terms (keywords):

Abortion
Persons with disabilities
Population control measures
Special groups
Women

See ESC right:

Family planning

Relevant ICESCR Articles:

10(1): The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

12(1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.