Full page photo print - Harvard Law School Project on Disability
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 />
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