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Module 4. Privacy, Integrity, Home, and Family
The Duty to Respect, Protect, and Fulfil Obligations Relating to the Right to Privacy, Integrity, Home, and the Family

Taken as a whole, States’ obligations with regard to the right to respect for privacy, integrity, the home, and family, include:

  1. Obligation to respect:

    States must refrain from engaging in any act, custom, or practice that creates barriers to enjoyment of the right to privacy, integrity, home and the family.

    Example: The State repeals a law that prohibits persons with disabilities from marrying or being parents.

    Example: The State ensures that all persons with disabilities have equal access to sex education, including persons with intellectual disabilities.

  2. Obligation to protect:

    States must ensure that non-State or private actors do not violate the rights to privacy, integrity, home, and the family.

    Example: The State monitors and regulates health care and rehabilitation providers to ensure that private information of persons with disabilities remains private.

    Example: The State monitors conditions in private institutional living arrangements such as hospitals, group homes, and orphanages, as well as enforces rights of personal integrity and privacy.

  3. Obligation to fulfil:

    States must take proactive action to ensure enjoyment of the rights to privacy, integrity, home, and the family by persons with disabilities.

    Example: The State provides support to families of parents and or children with disabilities so that they can remain together.

    Example: The State adopts an action plan to transition persons with disabilities living in institutions to community-based living arrangements.

In sum, international human rights law strongly supports the rights of persons with disabilities to privacy, respect for personal integrity, the home, and family so that they may fully enjoy these rights on an equal basis with others. The enjoyment of these rights facilitates the enjoyment of other human rights.

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