Respect for Home and Family

According to the Convention on the Rights of Persons with Disabilities (CRPD):

1. States shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure:

   1. The right to marry on the basis of the full and free consent of both intended spouses, assuming partners are of “full age”;
   2. The right to have equal rights with their spouses during their marriage, during legal separation, or if the marriage is dissolved;
   3. The right to “found a family,” meaning the right of people to live together, to have children, and not to be subjected to discriminatory or compulsory State family planning policies;
   4. The right to be reunited with their family if they are separated because of political, economic, or other reasons; and
   5. The right to have the family protected by society and the State.

2. States shall ensure the rights and responsibilities of persons with disabilities, with regard to guardianship, wardship, trusteeship, adoption of children or similar institutions, where these concepts exist in national legislation; in all cases the best interests of the child shall be paramount. States shall render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities.
3. Parties shall ensure that children with disabilities have equal rights with respect to family life and shall undertake to provide early and comprehensive information, services and support to children with disabilities and their families.

In no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.

When the immediate family is unable to care for a child with disabilities, parties will undertake every effort to provide alternative care within the wider family, and failing that, within the community in a family setting.