Assistant Professor at Government Law College, Ernakulam, Kerala, India
Principal at Government Law College, Ernakulam, Kerala, India
Women with disabilities are entitled to the same reproductive and family planning education as any other woman, so that they may realise and enjoy the full range of rights guaranteed to them by the Convention. UNCRPD recognises the right to reproduction and access to sexual and reproductive health rights. The right to abortion for a mentally retarded woman was considered by the Supreme Court in Suchitra Srivastava’s case. The court also considered the scope of the state’s Parens Patriae jurisdiction in the case of the right to abortion. Sec. 3(2)(i) of the MTP Act is also analysed. Women frequently face obstacles while trying to receive treatments for reproductive health, and the healthcare system's lack of readiness often has a negative impact. The right to access reproductive healthcare and the right to privacy available to pregnant women with disabilities is analysed. Even though UNCRPD provides the right to have a family and to procure children, forced sterilisation is common with women with disabilities. The right of disabled women to get pregnant and to have children, like abled women, is acknowledged. As per Art.22 of UNCRPD, the right to have the privacy of a disabled woman is usually at stake as she has to depend on caregivers for her medical check-up.
International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1013 - 1022DOI: https://doij.org/10.10000/IJLMH.114148
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021