26 - Habilitation and rehabilitation
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Right to health 1
States Parties recognise that all persons with disabilities have the right to the enjoyment of the highest attainable standard of physical and mental health without discrimination on the basis of disability. States Parties shall take all appropriate and effective measures to ensure access for persons with disabilities to health services, including health-related rehabilitation. In particular, States Parties shall:
a. provide persons with disabilities with the same range and standard of (health-care services as provided others, including in the field of sexual and reproductive health) ;2
b. provide those health services needed by persons with disabilities specifically because of their disabilities, including those designed to minimize and prevent further disability ;3
c. provide these health services as close as possible to people's own communities;
d. require health professionals to provide care of the same quality to persons with disabilities as to others by raising awareness of the human rights, dignity and worth, autonomy and needs of persons with disabilities through training and the promulgation, in consultation with all concerned parties, including persons with disability, of ethical standards for public and private healthcare.
1. States Parties shall take effective and appropriate measures to enable persons with disabilities to attain their maximum independence and functioning and support their full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive rehabilitation and habilitation services, in particular in the areas of health, employment, education and social services, in such a way that
(a) rehabilitation and habilitation services and programmes begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs;
(b) rehabilitation and habilitation services and programmes are available as close as possible to people’s own community, including rural areas, and in support of community -based rehabilitation.
2. States Parties shall promote the development of initial and continuing
training for professionals and staff working in rehabilitation and habilitation
1. The title was not discussed at this stage. In addition, some delegations suggested the inclusion of free and informed consent. Others thought it could be broadly dealt with in other articles such as 3 and/or 9. Another suggestion was made to prohibit “denial of nutrition and medical, life preserving treatment”. However, this suggestion was not agreeable to others as it was overly detailed and descriptive and some elements of the suggestion might be dealt with elsewhere i.e. article 11 on torture.
2. There were conflicting views on the mention
of sexual and reproductive health services and, therefore, further discussion
Many delegations found it very essential to include it; otherwise issues such as cervical screening would be missed.
3. Few delegations requested more clarification of “to minimize and prevent further disability”.
4. The article is proposed without prejudice to the incorporation of its elements into other relevant articles. At the same time, subject to an agreement on a separate article on rehabilitation, some delegations preserved their rights to comment on its content in due course.