保障身心障礙者生育人權的未竟之路【本期企劃】 試閱
An Unfinished Journey: Obligations to Satisfy the Reproductive Rights of Persons with Disabilities
雖然我國已將「身心障礙者權利公約」國內法化，但從監察院調查報告與國家報告審查的過程中可知，障礙者生育及組成家庭之需求仍受忽視，使其生育相關權利難以實踐。本文從健康人權規範觀點，梳理障礙者生育權所應享有之保障，並檢視現今障礙者面臨之生育困境，後對現行法規保障不足之處提出改善建議。其中，牽涉障礙歧視之「優生保健法」與相關子法應盡速完成修法，而障礙者無法平等近用生育服務資源之困境，則應提出更具整體性之服務提升計畫改善。
Although the Convention on the Rights of Persons with Disabilities (CRPD) has been implemented in Taiwan, evidence drawn by the Control Yuan and other reports submitted for the CRPD implementation review shows that the needs of persons with disabilities regarding sexual and reproductive health and forming families are still largely ignored and unaddressed, making their reproductive rights unrealized. In this article, we examine the protection regarding the reproductive rights and health of persons with disabilities from a human rights perspective and identify the challenges they have encountered in accessing sexual and reproductive health services. We then propose policy and legal recommendations to address the inadequacy of rights protection, including that legal provisions imposing discrimination on persons with disabilities in the “Genetic Health Law” and related regulations should be amended promptly. Additionally, a more comprehensive plan for enhancing services should be developed to remove barriers faced by persons with disabilities in accessing reproductive health services on an equal basis.
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