A/HRC/34/58
and the lack of support within the family put persons with disabilities at risk of neglect,
violence and abuse.
22.
States should therefore adopt and implement policies and programmes that enable
persons with disabilities to obtain the support they need to participate in decisions affecting
their lives and in the life of their communities. The protection and promotion of human
rights of persons with disabilities should be at the centre of these policy efforts, rather than
focusing on charitable and medical approaches.
C.
Rethinking care and assistance
23.
For a long time, responses to the assistance needs of persons with disabilities have
been framed in terms of care. While care as a concept can be understood and used in
several ways, the disability community has historically been critical of the idea of “being
cared for” and of the traditional role of caregivers. Service models of care have traditionally
treated persons with disabilities as passive objects or recipients of care, or as a “burden” for
family and society, rather than as active holders of rights. Whether in formal or informal
settings, care services have traditionally regarded persons with disabilities as dependents,
which in most cases has not enabled them to fully participate in decisions affecting their
lives.
24.
Care services also have a legacy of segregation and disempowerment of persons
with disabilities. In fact, most services were built under the medical and assistentialist
models, which prompted the confinement of persons with disabilities in institutions, leading
to the loss of control of their lives and their ultimate objectification. Therefore, for many
persons with disabilities the notion of care bears a heavy historical connotation associated
with oppression and invalidation.8
25.
The disability community has challenged the traditional concept of care on the basis
of a social understanding of disability. The social model of disability draws attention to the
interaction between an individual’s perceived or actual impairment — be it physical,
sensory, mental or intellectual — and the disabling barriers that hinder people from
participating in society. Therefore, it is critical to enable inclusive societies that support
persons with disabilities to participate and have the freedom and opportunities to live lives
they value. This means replacing the legacy of paternalism, dependency and stigma that
exist behind traditional approaches to care with the concept of support as a State obligation
arising from human rights, equality and social justice.
26.
The philosophy of independent living, which outlines the need for persons with
disabilities to have autonomous and independent lives, reinforces the notion of support.
However, independence needs to be framed in a way that takes into account the
interdependence of human experiences and accepts reliance on others as a fundamental
aspect of that interdependence, thus moving away from narrow interpretations of
independence that conflate it with self-sufficiency and self-reliance.9 In this regard, support
must ensure that persons with disabilities are able to exercise choice and control over their
own lives, irrespective of their physical, sensory, mental and intellectual impairments, and
over their own views, rather than having to follow the views of those looking after their
needs.
8
9
Teppo Kroger, “Care research and disability studies: nothing in common?”, Critical Social Policy,
vol. 29, No. 3 (2009), pp. 398-420.
Jenny Morris, “Impairment and disability: constructing an ethics of care that promotes human rights”,
Hypatia, vol. 16, No. 4 (November 2001), pp. 1-16.
7
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