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States Parties recognize that persons with disabilities have the right to
the enjoyment of the highest attainable standard of health without discrimination
on the basis of disability. States Parties shall take all appropriate measures
to ensure access for persons with disabilities to health services that are
gender sensitive, including health-related rehabilitation. In particular, States
(a) Provide persons with disabilities with the same range, quality and standard of free or affordable health services as provided other persons, [including sexual and reproductive health services]4 and population-based public health programmes;
(b) Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and the elderly;
(c) Provide these health services as close as possible to people’s own communities, including in rural areas;
(d) Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care;
(e) Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner.
4. The Ad Hoc Committee notes that the use of the phrase “sexual and reproductive health services” would not constitute recognition of any new international law obligations or human rights. The Ad Hoc Committee understands draft paragraph (a) to be a non discrimination provision that does not add to, or alter, the right to health as contained in Article 12 of the International Covenant on Economic, Social and Cultural Rights or Article 24 of the Convention on the Rights of the Child. Rather, the effect of paragraph (a) would be to require States Parties to ensure that where health services are provided, they are provided without discrimination on the basis of disability.