A/HRC/43/41
That includes the need to support and safeguard the child’s right to decide who he or she
will become in the future. 42
46.
The active participation of persons with disabilities in decision-making is a
requirement of the human rights model of disability. Participation is addressed as a crosscutting issue in the Convention; it is recognized as a general principle (art. 3 (c)) and as an
obligation for consulting and actively involving persons with disabilities in decisionmaking processes of their concerns (arts. 4 (3) and 33 (3)). Efforts to involve persons with
disabilities in decision-making processes are important, not only because they result in
better decisions and more efficient outcomes, but also because they promote citizenship,
agency and empowerment (see A/HRC/31/62).
B.
Human rights obligations of the Convention on the Rights of Persons
with Disabilities
47.
Many human rights obligations of the Convention are relevant to medical and
scientific debates concerning persons with disabilities from a human rights-based approach
to disability. Article 8 recognizes the important role of awareness-raising for the
implementation of human rights by providing for the adoption of immediate, effective and
appropriate measures to raise awareness throughout society regarding persons with
disabilities and to foster respect for their rights and dignity; combat stereotypes, prejudices
and harmful practices used against them; and promote awareness of their capabilities and
contributions. In article 8 (2), a set of measures to this end are recommended, including
initiating and maintaining effective public awareness campaigns and promoting awarenesstraining programmes regarding persons with disabilities and the rights of persons with
disabilities. Article 21 complements those obligations by recognizing the freedom of
persons with disabilities to seek, receive and impart information and ideas on an equal basis
with others.
48.
Article 10 recognizes and protects the right to life of persons with disabilities on an
equal basis with others, which is critical for contesting legislation, policies and practices
whereby the lives of persons with disabilities have been put at risk because of perceived
low quality of life. It reaffirms that every human being has the inherent right to life, which
reflects the concern expressed in the Convention to consider the lives of persons with
disabilities as being as valuable as those of any other human being. Article 10 calls on
States to take “all necessary measures to ensure the effective enjoyment of the right to life
by persons with disabilities on an equal basis with others”. That entails a duty to protect the
lives of persons with disabilities from all acts and omissions that are intended or may be
expected to cause their unnatural or premature death, 43 as well as ensuring respect, dignity
and quality of life of persons with disabilities on an equal basis with others in all spheres
and at all stages of life. The right to life includes the right to survive and develop on equal
basis with others. Disability cannot be a justification for termination of life.
49.
Article 12 enshrines equal recognition before the law so that all persons with
disabilities enjoy legal capacity on an equal basis with others. Legal capacity is recognized
as a universal attribute inherent in all persons by virtue of their humanity. 44 Accordingly,
States cannot restrict the legal capacity of persons with disabilities and must rather protect
them against any interference in all aspects of life (see A/HRC/37/56). In article 12 the role
of support in the actual implementation of the right to legal capacity is emphasized by
establishing an obligation to provide persons with disabilities with access to the support
they may require in exercising their legal capacity, including decisions regarding medical
treatment and research. The recognition of full legal capacity and supported decisionmaking are necessary steps for providing persons with disabilities with the freedom and
opportunity to live the lives they value, which must be a basic premise in all medical and
scientific research and practice.
42
43
44
12
Ibid.
Human Rights Committee, general comment No. 36 (2018) on the right to life (replacing general
comment Nos. 6 and 14), para. 3.
Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal
recognition before the law, para. 8.
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