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Pubblichiamo di seguito l’intervento
che l’Osservatore Permanente della Santa Sede, l’Arcivescovo
Celestino Migliore, Nunzio Apostolico, ha pronunciato ieri a New
York, davanti alla 76ma Seduta Plenaria dell’Assemblea Generale
dell’ONU, sul punto 67(b): " Human rights questions,
including alternative approaches for improving the effective enjoyment
of human rights and fundamental freedoms: note by the Secretary-General
transmitting the final report of the Ad Hoc Committee on a Comprehensive
and Integral International Convention on the Protection and Promotion
of the Rights and Dignity of Persons with Disabilities (A/61/611):
draft resolution (para. 7)":
INTERVENTO DI S.E. MONS. CELESTINO MIGLIORE
Madam President,
On the occasion of the adoption of the Convention on the Rights
of Persons with Disabilities, my delegation would like to convey
its appreciation to Ambassadors L. Gallegos and D. McKay for their
dedicated leadership over these long negotiations.
Protecting the rights, dignity and worth of persons with disabilities
remains a major concern for the Holy See. The Holy See has consistently
called for disabled individuals to be completely and compassionately
integrated into society, convinced that they possess full and
inalienable human rights. Therefore, from the very beginning,
my delegation has been a constructive and active partner in these
negotiations.
While there are many helpful articles in the Convention, including
those that address education and the very important role of the
home and the family, surely the living heart of this document
lies in its reaffirmation of the right to life. For far too long,
and by far too many, the lives of people with disabilities have
been undervalued or thought to be of a diminished dignity and
worth. My delegation worked assiduously to make the text a basis
upon which to reverse that assumption and to ensure the full enjoyment
of all human rights by people with disabilities. This is why I
would like now to put on record the Holy See’s position
on certain provisions of the Convention.
With regard to article 18, concerning liberty of movement and
nationality, and article 23 on respect for home and the family,
the Holy See interprets these in a way which safeguards the primary
and inalienable rights of parents.
Further, my delegation interprets all the terms and phrases regarding
family planning services, regulation of fertility and marriage
in article 23, as well as the word "gender", as it did
in its reservations and statements of interpretation at the Cairo
and Beijing International Conferences.
Finally, and most importantly, regarding article 25 on health,
and specifically the reference to sexual and reproductive health,
the Holy See understands access to reproductive health as being
a holistic concept that does not consider abortion or access to
abortion as a dimension of those terms. Moreover, we agree with
the broad consensus that has been voiced in this chamber and the
travaux préparatoires that this article does not create
any new international rights and is merely intended to ensure
that a person’s disability is not used as a basis for denying
a health service.
However, even with this understanding, we opposed the inclusion
of such a phrase in this article, because in some countries reproductive
health services include abortion, thus denying the inherent right
to life of every human being, affirmed by article 10 of the Convention.
It is surely tragic that, wherever fetal defect is a precondition
for offering or employing abortion, the same Convention created
to protect persons with disabilities from all discrimination in
the exercise of their rights, may be used to deny the very basic
right to life of disabled unborn persons.
For this reason, and despite the many helpful articles this Convention
contains, the Holy See is unable to sign it.
In conclusion, my delegation considers that the positive potential
of this Convention will only be realized when national legal provisions
and implementation by all parties fully comply with article 10
on the right to life for disabled persons.
I ask that this statement be included in the report of this meeting.
Thank you, Madam President.
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