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Art.25 Health

Penelope Weller

From: The UN Convention on the Rights of Persons with Disabilities: A Commentary

Edited By: Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Freedom from torture and cruel, inhuman, or degrading treatment — Right to liberty and security of person — Disability — Economic, social, and cultural rights — Jurisdiction

This chapter examines Article 25 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which requires states to provide persons with disabilities access to health services. It includes an analysis of the interaction between Articles 25 and 12 CRPD. Article 12 is engaged by the obligation in Article 25(d) CRPD to provide medical services on the basis of free and informed consent. The principle of free and informed consent has featured in the jurisprudence of the CRPD Committee with respect to psychiatric treatment under Article 14 (liberty and security of person), Article 15 (freedom from torture or cruel, inhuman, or degrading treatment or punishment) and Article 17 (physical and mental integrity). The conceptualization of informed consent in the disability context is important because voluntariness is a critical component of human interactions that might otherwise be regarded as a violation of human rights.

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