The ability to make decisions about marriage and family formation is a fundamental human right, and yet, when it comes to persons with disabilities, we see this principle challenged all the time. Three recent news articles from the United States, Australia, and Canada highlight the issue that many governments continue to challenge the rights of persons with disabilities to be partners and parents.
Article 23 of the Convention on the Rights of Persons with Disabilities (CRPD) mandates that
States Parties implement strong legal protections to prevent discrimination and
ensure that persons with disabilities have the right “to marry and to found a
family.” Nevertheless, the three articles
discussed here demonstrate how, even in developed countries, governments
continue to impinge on the rights of persons with disabilities to form
families. Both Canada and Australia have
ratified the CRPD, making the principles in the treaty legally binding. The United States is only a signatory to the
Convention, but, as such, it should aim in good faith not to violate the
principles of the treaty.
The first
article from New York
State discusses the barrier one American couple is facing, which hinders their
right to family. The engaged couple—Paul
Forziano and Hava Samuels—two persons with developmental disabilities,
currently live in separate group homes that allow them to receive some support
while living within the community. The
couple hopes to move in together after they are married, but so far, both homes
have refused to allow them to live together.
As a result, Forziano and Samuels are filing a suit in the state of New
York with the goal of protecting their right to live as a couple in the
environment of their choice. If the suit
is successful, this case could be an important step forward in recognizing the
rights of couples with disabilities in the United States.
The second
article from Australia demonstrates how
forced sterilisation continues to deny women with disabilities the rights to
bodily integrity and family. While the
parents of the little girl featured in the article refused to allow their
daughter to be sterilsed due to her disability, many other women and girls
around the world are subject to this practice without their consent. Forced sterilisation of persons with
disabilities is currently under Senate inquiry in Australia and, alarmingly, one
poll showed that two-thirds of Australians would support the sterilisation of
persons with disabilities. Forced
sterilisation of women with disabilities represents a clear violation of a host
of human rights, including, the right to family, non-discrimination, self-determination,
physical and mental integrity, among other human rights.
In a third
article, parents with Cerebral Palsy in Canada were only able to
maintain custody of their child after winning a lengthy legal battle against
the State. To keep their baby boy, the
parents had to prove that they could successfully and safely care for their
child. Although there are instances when
persons with disabilities, like all other segments of society, are not able to
care for a child, taking children away from parents with disabilities should
never be an automatic response. For many
people, having a family brings incredible happiness and fulfillment. Denying a
person the right to a family based on disability amounts to state-sponsored
discrimination and violates human rights principles.
There are a number of issues
with the way States handle the right to family for persons with disabilities. One problem is that persons with disabilities
are often treated like children, incapable of taking care of themselves or
others. Often countries deny persons
with disabilities the right to family based on the assumption that persons with
disabilities will not be able to provide for the child’s ‘welfare’ or ‘best
interest.’ Many people falsely assume
that the disability will automatically be passed on to children of persons with
disabilities; even if this were true, all people have the human right to found
a family if they so choose. To better
address these issues, governments must look at each case individually, while
respecting the human rights of persons with disabilities. Lastly, and perhaps
most importantly, all children deserve a loving home, and disability does not
limit a person’s capacity to love.
To learn more about the
Right to Privacy, Integrity, Home, and the Family see Chapter 7 of Human Rights. YES! Action and Advocacy on
the Rights of Persons with Disabilities: http://www1.umn.edu/humanrts/edumat/hreduseries/HR-YES/chap-7.html.
