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UN Programme on Disability   Working for full participation and equality

 

Article 23 - Social security and an adequate standard of living

Background Documents | Article 23 Background

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References

 

 

International human rights conventions and other legal instruments
 

ICESCR: International Covenant on Economic, Social and Cultural Rights
ICCPR: International Covenant on Civil and Political Rights
CERD: Committee on the Elimination of Racial Discrimination
CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
CAT: Convention Against Torture
CRC: Convention on the Rights of the Child
ILO Convention 159: Vocational Rehabilitation and Employment (Disabled Persons)
ILO Recommendation 168: Vocational Rehabilitation and Employment (Disabled Persons)




 

Article 23
Related to para. 1

CEDAW, Article 16(1):
States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (omissis)


Related to para. 1 (b)

ICESCR, Article 10(1), last sentence: …Marriage must be entered into with the free consent of the intending spouses.


ICCPR, Article 23(2) and (3):


2. The right of men and women of marriageable age to marry and to found a family shall be recognized.


3. No marriage shall be entered into without the free and full consent of the intending spouses.


CERD, Article 5(d)(iv): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:… (iv) The right to marriage and choice of spouse;


CEDAW, Article 16(1), (a) and (b):

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:


(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;


Related to para. 1 (c)

CEDAW, Article 16(1)(e): 1. States Parties (…) shall ensure, on a basis of equality of men and women: … (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;


Related to para. 2

CEDAW, Article 16(1)(f): States Parties (…) shall ensure, on a basis of equality of men and women: … (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;


Related to para. 3

CRC, Article 9(1): States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child.

 

 

 


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United Nations, 2006
Department of Economic and Social Affairs
Division for Social Policy and Development