No abstract

Women and girls with disabilities have historically been denied the freedom to make their own choices in matters relating to their reproduction. In the healthcare sector they experience multiple discriminatory practices. Women and girls with intellectual disabilities are particularly vulnerable to coerced or forced medical interventions. The present article considers the contribution the Convention on the Rights of Persons with Disabilities makes towards affirming the rights of women and girls with disabili ties to enjoy reproductive autonomy, including autonomy related to reproductive health, on an equal basis with individuals without disabilities. The Convention is paradigm-setting in its maximal approach to affirming the rights of individuals with disabilities to make autonomous choices under conditions of equality and nondiscrimination. The Convention is the first human rights treaty to clearly affirm that impairment of decision-making skills is not a justification for depriving a person with cognitive or intellectual disability of legal capacity. K E Y W O R D SAbortion; Disability; Equality; Legal capacity; Non-discrimination; Reasonable accommodation; Reproductive autonomy; Reproductive health | INTRODUCTIONSince the advent of modern human rights treaties in the post-Second World War era, human rights norms have been constantly evolving partly through the adoption of new treaties to fill perceived gaps in the human rights protections of specific social groups or categories of people. The Convention on the Rights of Persons with Disabilities (CRPD)-which was adopted on December 13, 2006, and came into force on May 3, 2008 1 -is an important addition in this regard.Although individuals with disabilities were covered by protections guaranteed under earlier United Nations human rights treaties, the coverage was largely discernible as an inference or extrapolation through, for example, treating "disability" as included in the term "other status" in the equality and non-discrimination treaty provisions. 2 As explained in its Preamble, the CRPD was adopted against the back drop of the universal neglect of the human rights of people with dis abilities and the persistence of disability-related unfair discrimination.It is a milestone, being the first disability-specific international human rights treaty to clearly overcome the general invisibility of the rights of individuals with disabilities in earlier human rights treaties. Its main purpose, according to Article 1, is "to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental free doms by all persons with disabilities, and to promote respect for their inherent dignity."In its pursuit of protecting the rights of persons with disabilities, the CRPD turns its back on a "one size fits all approach" so that disabil ities rights are context-specific and responsive to individual need, and not merely abstract. The CRPD acknowledges differences among peo ple with disabilities partly through its attention to intersecting layer...

The purpose of this article is to delineate the scope and limitations of the exercise of the right to conscientious objection in respect of participation in abortion procedures under the Choice on Termination of Pregnancy Act. The Act is silent about the right to conscientious objection. However, section 15 of the South African Constitution in particular, implicitly accommodates conscientious objection to abortion. It is submitted that whilst the Choice on Termination of Pregnancy Act fails to provide the principles for determining the limits of the right to conscientious objection, guidance can be derived from section 36 of the Constitution. It is submitted that section 36 supports the limitation of the right to conscientious objection where maternal life or health is in serious danger or there is a medical emergency. Furthermore, it is argued that in the particular circumstances of South Africa, section 36 is also capable of supporting the imposition of a duty to at least provide the pregnant woman with information about where she might be able to obtain an abortion. It is noted that determining the parties that are entitled to conscientious objection beyond health care professionals that are immediately involved with abortion procedures can raise difficult issues. However, section 36 of the Constitution is, once again, a useful tool for resolving any difficulties in this regard.

A right of access to health care services is among the economic and social rights guaranteed by the Constitution of South Africa. Given the jurisprudential novelty of such a right and its dependence on economic resources, however, its realization is likely to be difficult to secure. The article discusses the scope and limitations of the right of access to health care in South Africa. Though the country's courts have yet to develop clear principles for interpreting a right of access to health care services, the more significant obstacles to the full enjoyment of this right are the country's pervasive poverty, gross income disparities, and extremely high burden of disease.

No abstract