Chapter XXV: Respect for Home and the Family

  1. Appropriate governments 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 that:
    a) The right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses is recognized;
    b) The rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children and to have access to age-appropriate information about reproductive and family planning education, and the means necessary to enable them to exercise these rights are provided;
    c) Persons with disabilities, including children, retain their fertility on an equal basis with others.
  2. Appropriate governments 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. Appropriate governments shall render required assistance to persons with disabilities in the performance of their child-rearing responsibilities.
  3. Appropriate governments shall ensure that children with disabilities have equal rights with respect to family life. With a view to realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with disabilities, appropriate governments shall undertake to provide early and comprehensive information, services and support to children with disabilities and their families.
  4. Appropriate governments shall ensure that a child shall not be separated from his/her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. In no case shall a child be separated from the parents on the basis of a disability of either the child or one or both of the parents. 
  5. Appropriate governments shall, where the immediate family is unable to care for a child with disabilities, undertake every effort to provide alternative care within the community in a family setting.
  6. Appropriate measures should be taken to provide support to the families having a child with disability through appropriate systems including community in this process.
  7. promoting awareness about the potential of enrichment of the families through respect for the needs and respect for a person with disability.
  8. the person with disability including women with disability should have the equal rights to parental property as with other siblings

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