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About article23

Convention on the Rights
of Persons with Disabilities

49.      The Committee notes with concern:

           (a)       The provision in the Civil Code (art. 770) discriminating against persons on the grounds of their psychosocial disability, setting it as grounds for divorce;

           (b)      The separation of children with disabilities from their families, and their institutionalization in particular living arrangements on the basis of their disability.

50.      The Committee recommends that the State party:

           (a)       Repeal discriminatory provisions against persons with disabilities, including article 770 (1) (iv) of the Civil Code which sets psychosocial disability as grounds for divorce;

           (b)      Recognize the right of children with disabilities to family life, and render appropriate assistance, including early intervention and inclusive support, to parents of children with disabilities, including to parents with disabilities, in the performance of their child-rearing responsibilities, to prevent families from being separated on the basis of disability, and, when the immediate family is unable to care for them, undertake every effort to provide them with alternative care in the community in a family setting.

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