CEU eTD Collection (2013); Girlescu, Oana Georgiana: Sexuality and disability: an assessment of practices under the Convention for the Rights of People with Disabilities

CEU Electronic Theses and Dissertations, 2013
Author Girlescu, Oana Georgiana
Title Sexuality and disability: an assessment of practices under the Convention for the Rights of People with Disabilities
Summary This paper argues that the sexuality of people with disabilities is being highly disregarded in laws, policies and practices national and international levels.
Its first chapter introduces the reader to the topic. It stresses that people with disabilities have the same range of sexual needs and sexual desires as people with no disability. Explaining how sex and sexuality penetrated the human rights discourse, the standards established by the Convention on the Rights of People with Disabilities are described. National policies are afterwards scrutinized for deficiencies in those standards’ implementation.
The second chapter discusses the range of difficulties people with disabilities encounter when expressing as sexual being. It touches upon lack of relevant information as a significant problem. It also debates over abortion laws and forced sterilization as forms of interference with the sexuality of people with disabilities.
Chapter III deals with criminal law provisions which, historically aimed at protecting from abuse, can interfere with sexual expression and with the ability to consent to sexual activities.
After making recommendations, that paper concludes that people with disabilities lack relevant information and are being subjected to forced abortion and forced sterilization. Their opinions are not being listened to. Their will and preferences are often disregarded. As all these represent violations of international law, the sexuality of people with disabilities needs to be mainstreamed within human rights discourses, addressed in national policies and highlighted in international guidelines. This will contribute to the overall elimination of abuse, limitation of freedom and discrimination of persons with disabilities.
Supervisor Kollonay Lehoczky Csilla
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2013/girlescu_oana.pdf

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