I
begin this blog by telling a true story. When the working group was
drafting the Convention on the Rights of Persons with Disabilities, it heard from people with disabilities. A self-advocate
from New Zealand, who had spent most of his life in an institution, told of a
woman he knew while in the institution. The woman died of ovarian cancer. She
had never had any preventative screening of her reproductive organs because, as
the self-advocate put it, “She was retarded.” This story and others like it had
a profound effect on the working group. They believed strongly that,
“reproductive programmes” had to be mentioned in Article 25 or people with
disabilities would continue to be ignored or denied reproductive health
services.
While
the phrasing in Article 25 of the CRPD had such an intent –
(a)
Provide persons with disabilities with the same range, quality and standard of
free or affordable health care and programmes as provided to other persons,
including in the area of sexual and reproductive health and population-based
public health programmes;
people
who were opposed to abortion thought the wording in this paragraph would create
new abortion rights. That is why
the phrase “as provided to other persons” was included. So when it comes to
access to health services, including reproductive care and programs, persons
with disabilities would have access to no more or less than others. This
wording does not create new abortion rights.
It may be of value to see the entire text of Article 25.
States
Parties recognize that persons with disabilities have the right to the
enjoyment of the highest attainable standard of health without discrimination
on the basis of disability. States Parties shall take all appropriate measures
to ensure access for persons with disabilities to health services that are
gender-sensitive, including health-related rehabilitation. In particular,
States Parties shall:
(a)
Provide persons with disabilities with the same range, quality and standard of
free or affordable health care and programmes as provided to other persons,
including in the area of sexual and reproductive health and population-based
public health programmes;
(b)
Provide those health services needed by persons with disabilities specifically
because of their disabilities, including early identification and intervention
as appropriate, and services designed to minimize and prevent further
disabilities, including among children and older persons;
(c)
Provide these health services as close as possible to people’s own communities,
including in rural areas;
(d)
Require health professionals to provide care of the same quality to persons
with disabilities as to others, including on the basis of free and informed
consent by, inter alia, raising awareness of the human rights, dignity,
autonomy and needs of persons with disabilities through training and the
promulgation of ethical standards for public and private health care;
(e)
Prohibit discrimination against persons with disabilities in the provision of
health insurance, and life insurance where such insurance is permitted by
national law, which shall be provided in a fair and reasonable manner;
(f)
Prevent discriminatory denial of health care or health services or food and
fluids on the basis of disability.
I think these words are something we all can support.
Thank you.
Common Grounder
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