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Full page photo print - Harvard Law School Project on Disability

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ObJeCtiVes<br />

The background informati<strong>on</strong> and exercises c<strong>on</strong>tained in this chapter will enable participants to<br />

work towards the following objectives:<br />

• Define the rights to respect for privacy, integrity, home and the family<br />

• Explain the importance of these rights for people with disabilities<br />

• Understand the interrelati<strong>on</strong> between these rights and other human rights<br />

• Identify ways in which these rights has been promoted or denied to people with<br />

disabilities<br />

• Understand the provisi<strong>on</strong>s related to the rights to respect for privacy, integrity, home and<br />

the family in the UN C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> the rights of pers<strong>on</strong>s with disabilities (CRPD).<br />

getting started: thinKing abOut respeCt fOr priVaCy,<br />

integrity, hOme, and the family<br />

Societies have l<strong>on</strong>g debated where divisi<strong>on</strong>s lie between the public sphere such as the political<br />

domain and community activities and the private sphere, such as a pers<strong>on</strong>’s body, home, or<br />

family. They have likewise struggled to establish the degree to which the State and individuals<br />

should have c<strong>on</strong>trol in these different spheres. This chapter addresses the private sphere,<br />

examining specifically the rights to respect for privacy, pers<strong>on</strong>al integrity, the home, and family.<br />

privacy and respect for pers<strong>on</strong>al integrity<br />

Today, the right to privacy includes a variety of elements, including:<br />

• The right to privacy of informati<strong>on</strong>, meaning the right of individuals to decide for<br />

themselves what informati<strong>on</strong> about them should be communicated to others and who<br />

those others may be. This informati<strong>on</strong> includes thoughts, opini<strong>on</strong>s, acti<strong>on</strong>s taken when a<br />

pers<strong>on</strong> should reas<strong>on</strong>ably expect to be acting in private, and pers<strong>on</strong>al informati<strong>on</strong> such<br />

as that related to a pers<strong>on</strong>’s health or finances;<br />

• Related to privacy of informati<strong>on</strong> is privacy of communicati<strong>on</strong>, which refers to the security<br />

of people’s private interacti<strong>on</strong>s with others, including letters, teleph<strong>on</strong>e c<strong>on</strong>versati<strong>on</strong>s,<br />

private face-to-face c<strong>on</strong>versati<strong>on</strong>s, e-mails, and other forms of communicati<strong>on</strong>. In other<br />

words, neither the State nor private actors have a right to read your corresp<strong>on</strong>dence or<br />

listen to your private discussi<strong>on</strong>s. Of course, there are some excepti<strong>on</strong>s to this, such as<br />

when somebody is suspected of having committed a crime, but even then there are laws<br />

that govern these excepti<strong>on</strong>s to ensure that such interference is both necessary and<br />

properly handled;<br />

• The right to privacy applies to a pers<strong>on</strong>’s pers<strong>on</strong>al envir<strong>on</strong>ment, meaning primarily where<br />

he or she lives, such as their home and their family or others with whom they live. It can<br />

also apply to other pers<strong>on</strong>al spaces, such as a pers<strong>on</strong>’s car or other pers<strong>on</strong>al property;<br />

• Another aspect of the right to privacy is freedom from attacks <strong>on</strong> a pers<strong>on</strong>’s h<strong>on</strong>or or<br />

reputati<strong>on</strong>. For example, unless it is true, people do not have the right to claim to others<br />

that you have engaged in some socially unacceptable or other behavior that might be<br />

damaging to your reputati<strong>on</strong>;<br />

Although they are separate rights that address distinct c<strong>on</strong>cepts, the right to pers<strong>on</strong>al integrity<br />

is c<strong>on</strong>nected to the right to privacy in that acti<strong>on</strong>s and circumstances that lead to the violati<strong>on</strong> of<br />

part 2: the COnVentiOn On the rights Of persOns with disabilities<br />

97

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