Health
States Parties recognise that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, State Parties shall:
(a) Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes;
(b) Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimise and prevent further disabilities, including among children and older persons;
Provide these health services as close as possible to people’s own communities, including in rural areas;
Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care;
Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted under national law, which shall be provided in a fair and reasonable manner;
Prevent discriminatory denial of health care or health services or foods or fluids on the basis of disability. (Article 25)
Obligations
This article applies the right to health to persons with disability. It requires State Parties to ensure that persons with disability realise the highest attainable standard of health, and that health care and health services are free from discrimination on the ground of disability. In particular, the article requires State Parties to prevent the discriminatory denial of health care, health services and food and fluids on the basis of disability.
Reiterating the obligations imposed by Article 6: Women with Disabilities, this article requires State Parties to ensure that health services are gender sensitive. The article aims to ensure that persons with disability have access to the same range, quality and standard of free or affordable health care and programmes that are available to others, as well as to any specialist health services they require because of their disability. For the first time in a core United Nations human rights treaty, the article incorporates specific references to sexual and reproductive health services and to population-based public health programmes as among those health services to which persons with disability should have access. The article requires State Parties to ensure that health services are available as close as possible to local communities, including in rural areas. It also requires State Parties to ensure that health professionals are sensitised to the health needs of persons with disability, and to their human rights, through initiatives such as awareness raising, education, and the development of ethical standards for health care and health services. Subparagraph (f) requires State Parties to ensure that health insurance and life insurance is available to persons with disability on a fair and reasonable basis, free from discrimination on the ground of disability.
Indicators
• Persons with disability enjoy the highest attainable standard of health.
• Persons with disability do not experience discrimination in any aspect of the health system.
• Health services, including health-related rehabilitation services, are gender sensitive.
• Persons with disability have access to the same range, quality and standard of free or affordable health care and programmes as other persons.
• Persons with disability have access to the same range, quality and standard of free or affordable sexual and reproductive health care and programmes as other persons
• Persons with disability have access to the same range, quality and standard of population-based public health programmes as other persons.
• Persons with disability have access to any specialist health services they require, including early identification and intervention services, and services designed to minimise or prevent further disability.
• Health services are available in local communities, including in rural areas.
• Health professionals provide the same quality of care to persons with disability as to others.
• Health professionals are educated to raise awareness of the human rights, dignity, autonomy and needs of persons with disability.
• Health care is provided only on the basis of the free and informed consent of the person with disability receiving treatment.
• There are health care ethical standards in place for public and private health care that ensure that persons with disability receive the highest attainable health care without discrimination.
• Discrimination on the ground of disability in the provision of health insurance and life insurance is prohibited. Such insurance is available to persons with disability on a fair and reasonable basis.
• Discriminatory denial of health care or health services, or foods or fluids on the basis of disability, is prohibited.
Example
The right to health will be particularly relevant to people who through their work are involved in:
• Working with clients in the health sector and in the provision of health services