refuse abortion in cases of disability.
Article (5) of the same Convention provides for the prohibition of
discrimination on the basis of disability and that the States Parties shall
guarantee to persons with disabilities equal and effective legal protection
against discrimination on all grounds, that is to say that all the rights enjoyed
by others shall apply also to persons with disabilities. This brings us back to
the acquired rights of persons with disabilities at the national level, since the
Jordanian legislator, in terms of the right to life and the inclusion of the
fetus, imposed punitive accountability that reaches the sentence to ten years
of imprisonment for those who violate this right. The abortion shall be under
certain conditions, such as the mother's consent, or the consent of her
husband or the person responsible for her, in addition to the testimony of
two licensed doctors stressing the need to undergo abortion in order to
preserve the mother's life or health. Moreover, Article (322) of the Penal
Code criminalizes abortion of women. However, we note that the Law did
not address the health status of the fetus, but arranged other rights after
being born in the form of financial benefits, such as inheritance and social
security.
The Law on the Rights of Persons with Disabilities No. 31 of 2007 is
considered the specialized legislative framework with regard to the rights of
persons with disabilities. Article (2) of the said Law prohibits discrimination
on the basis of disability for any of the rights and freedoms stipulated in this
Law or any other law for this category of community, i.e. what applies to
others with regard to various rights, freedoms, mechanisms and regulations
applies also to persons with disabilities, regardless of age, sex, religion, or
health status. However, what is different is the nature of the habilitation
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