The Effectiviness of the Sexual and Reproductive Rights of the Women with Mental Desorder and Intellectual Disability in Brazil

This article has the aim to reflect about the discriminatory treatment given to women with intellectual disability and mental disorder, who had their sexual and reproductive rights, historically, violated. We attempt with this study to understand these rights as human rights and as formateurs of identity, representing an important dimension in life of people with mental disorder and intellectual disability, who must be protected. Therefore, we can see urgency in carrying out these rights, since they envolve study of gender, hypervulnerability, exclusion and social stigmatization of woman, besides violence suffered by them due to lack of information and sexual education. Women with mental disorder and intellectual disability face a double vulnerability which is related to both question of gender and cognitive impedment that exist in relation with social environment. The disorder and the disability arise as a collective health problem and also as the health of the own woman during her life since the actions addressed to the attendance of her necessities are almost inexistent, mainly concerning her sexual and reproductive rights. In light of this context, the law 13.146 (Brazilian Law of Inclusion of Person with Disability), is in force since january 2016. Among changes made by it, there is the reform of the Disability theory, since people with disability became fully capable after it. So, is it pertinente to make the following question: how do sexual and reproductive rights of women with mental disorder and intellectual disability, which are conferred by Law 13.146, can be effected? The purpose is to demonstrate the importance and necessity, not only of the statement of the laws, as the Statute of People with Disability, which recognized several rights to people with mental disorder and intellectual disability, but also the adoption of public politcies that effectively promote these rights in a fully way.