Reproductive Autonomy of Women and Girls under the Disabilities Convention

Congratulations to Prof. Charles Ngwena of the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa, whose valuable article has recently been published in the Ethical and Legal Issues section of the International Journal of Gynecology and Obstetrics. We are pleased to circulate the following abstract:

Reproductive Autonomy of Women and Girls under the Convention on the Rights of Persons with Disabilities,”  by Prof. Charles Ngwena, International Journal of Gynecology and Obstetrics, 140.1 (Jan. 2018):128-133PDF online for 12 months.          Submitted text at SSRN

Women and girls with disabilities have historically been denied the freedom to make
their own choices in matters relating to their reproduction. In the healthcare sector
they experience multiple discriminatory practices. Women and girls with intellectual
disabilities are particularly vulnerable to coerced or forced medical interventions. The
present article considers the contribution the Convention on the Rights of Persons
with Disabilities makes towards affirming the rights of women and girls with disabilities
to enjoy reproductive autonomy, including autonomy related to reproductive
health, on an equal basis with individuals without disabilities. The Convention is
paradigm-setting in its maximal approach to affirming the rights of  individuals with
disabilities to make autonomous choices under conditions of equality and non-discrimination.  The Convention is the first human rights treaty to clearly affirm that
impairment of decision-making skills is not a justification for depriving a person with
cognitive or intellectual disability of legal capacity.

Full text available:   PDF online for 12 months.   or   Submitted text at SSRN

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