A/RES/61/106
Article 22
Respect for privacy
1.
No person with disabilities, regardless of place of residence or living
arrangements, shall be subjected to arbitrary or unlawful interference with his or her
privacy, family, home or correspondence or other types of communication or to
unlawful attacks on his or her honour and reputation. Persons with disabilities have
the right to the protection of the law against such interference or attacks.
2.
States Parties shall protect the privacy of personal, health and rehabilitation
information of persons with disabilities on an equal basis with others.
Article 23
Respect for home and the family
1.
States Parties shall take effective and appropriate measures to eliminate
discrimination against persons with disabilities in all matters relating to marriage,
family, parenthood and relationships, on an equal basis with others, so as to ensure
that:
(a) The right of all persons with disabilities who are of marriageable age to
marry and to found a family on the basis of free and full consent of the intending
spouses is recognized;
(b) The rights of persons with disabilities to decide freely and responsibly on
the number and spacing of their children and to have access to age-appropriate
information, reproductive and family planning education are recognized, and the
means necessary to enable them to exercise these rights are provided;
(c) Persons with disabilities, including children, retain their fertility on an
equal basis with others.
2.
States Parties shall ensure the rights and responsibilities of persons with
disabilities, with regard to guardianship, wardship, trusteeship, adoption of children
or similar institutions, where these concepts exist in national legislation; in all cases
the best interests of the child shall be paramount. States Parties shall render
appropriate assistance to persons with disabilities in the performance of their childrearing responsibilities.
3.
States Parties shall ensure that children with disabilities have equal rights with
respect to family life. With a view to realizing these rights, and to prevent
concealment, abandonment, neglect and segregation of children with disabilities,
States Parties shall undertake to provide early and comprehensive information,
services and support to children with disabilities and their families.
4.
States Parties shall ensure that a child shall not be separated from his or her
parents against their will, except when competent authorities subject to judicial
review determine, in accordance with applicable law and procedures, that such
separation is necessary for the best interests of the child. In no case shall a child be
separated from parents on the basis of a disability of either the child or one or both
of the parents.
5.
States Parties shall, where the immediate family is unable to care for a child
with disabilities, undertake every effort to provide alternative care within the wider
family, and failing that, within the community in a family setting.
13