The human right of persons with disabilities to start a family.
The right to found a family of persons with disabilities has been recognized by international law, particularly the International Convention on the Rights of Persons with Disabilities.
According to Article 23 of the International Convention on the Rights of Persons with Disabilities, their right to marry and found a family, as well as to decide freely and responsibly on the number of their children, must be recognised. In addition, the State should provide appropriate assistance in the upbringing of their children.
A possible example at the national level can be seen in Argentina. The Argentinean Supreme Court ordered the return of a minor child to his mother, who was separated because of the mother’s intellectual disability. It ordered monitoring to adopt the necessary measures to guarantee the rights of the child.
Thus, under international law, the human right of persons with disabilities to form a family must be recognised and the State must provide the necessary assistance for them to carry out their parental responsibilities.
Read the Argentine Supreme Court ruling (In Spanish)
Find out more about the law around the world
References
Case: I., J.M. s/protección especial (CIV 37609/2012/1/RH1) Judgement 7 June 2016. Supreme Court of Argentina
