Literature Review on Provision of Appropriate and Accessible ...

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The following rights, obligations and principles are relevant to capacity
and intellectual disability:
• The need for laws, procedures and practices relating to the
protection of adults lacking capacity to meet benchmarks
provided by constitutional and human rights law.
Support to People with an Intellectual Disability who are
Accessible
and Appropriate of Provision on <strong>Review</strong> <strong>Literature</strong>
Experiencing Crisis Pregnancy
• The right to be recognised as a person before the law. [53]
• The right to freedom from discrimination on the grounds of
disability [54] and the right to reasonable accommodation by the
provision of special facilities and treatment.
• The requirement that States take appropriate measures to
provide persons with disabilities with access to the support they
may require in exercising their legal capacity. [55]
• The recognition and protection of the rights of the person
lacking capacity, including the recognition of the right to sexual
expression for people with intellectual disabilities.
• Emphasis on a woman’s abilities rather than her disabilities; her
participation in society should be encouraged notwithstanding
her lack of capacity in certain areas.
• The promotion of services that seek to integrate empowerment
and protection within their approaches to supporting the sexual
lives of people with intellectual disabilities.
While the right to enter into a sexual relationship has not been enshrined
in legislation, both Irish case law and the Convention for the Protection
of Human Rights and Fundamental Freedoms (ECHR) go some way
53 Article 6 of the Universal Declaration of Human Rights; Article 16 of the
International Covenant on Civil and Political Rights.
54 Equal Status Acts 2000 to 2004. The reasonable accommodation provisions are
subject to a nominal cost exemption.
55 Article 12 of the UN Convention on the Rights of Persons with Disabilities, 2007.