Article 23 Respect for home and the family

Article 23 says:

  • Disabled people have the same right as anyone else to marry and start a family. That includes deciding when and how often to have children.
  • Disabled people must have access to appropriate information and support to make sure these rights are respected and upheld in practice, including any support they need as parents.
  • Governments must ensure there is no discrimination against disabled people in laws about adoption or marriage.
  • Government must ensure there is no forced sterilisation of disabled people.
  • Governments must provide early and comprehensive information, services and support to disabled children and their families.
  • No child must be separated from their parents simply on the basis of a parent’s impairment.

What does this mean?

This means that disabled people have the same right to relationships as everyone else, and that their family life should be respected. It makes clear that disability in itself cannot be a ground for interference from the State or for denying opportunities to have relationships.

For example, half of all parents with learning disabilities have their children taken into care by social services departments. Before this is done, social services departments should provide support to the parents.

It also means that disabled people are allowed to have gay relationships. Sometimes disabled people need support to go out and meet people, and this support should be provided regardless of the beliefs of the support worker (for example, no sex before marriage, or no same-sex relationships).
 

 

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