A/HRC/37/56 contingent on the acceptance of any form of support or accommodation, as persons with disabilities have the right to refuse them. 11 28. All forms of support must incorporate a human rights based-approach that is respectful of the general principles of the Convention (art. 3). States must take all appropriate measures to ensure that support programmes respect the inherent dignity, individual autonomy (including the freedom to make one’s own choices), and independence of persons; are provided on a voluntary basis; and respect the principles of nondiscrimination and equality. Support arrangements should be designed to enable direct choice and control by persons with disabilities, so that they can plan and direct their own support (see A/HRC/34/58, para. 55). Furthermore, States must adopt a community-based approach to the provision of support. That allows the provision of culturally sensitive support arrangements in the communities where persons with disabilities live, builds on existing social networks and community resources, and enables stakeholders (family, friends, neighbours, peers and others) to play a significant role in supporting persons with disabilities (see A/HRC/34/58, para. 61). 29. Support arrangements must be available, accessible, adequate and affordable (see A/HRC/34/58, paras. 48–56). States should ensure the availability of an adequate number of functioning programmes and services to provide the fullest possible range of support to the diverse population of persons with disabilities. Support arrangements should also be accessible to all persons with disabilities, particularly the most disadvantaged ones, without discrimination of any kind. States must ensure that support is available within the safe physical and geographical reach of everyone, including those in institutions. Support must be affordable for all persons with disabilities, and States must ensure that support is available at nominal or no cost to the maximum extent of their available resources and take into account gender disparities in income and access to financial resources. States are also required to provide accessibility measures and reasonable accommodation to ensure that persons with disabilities can exercise legal capacity. The State obligation to ensure access to support goes beyond the right to legal capacity, as some persons with disabilities may need support for decisions that have no legal impact (see A/HRC/34/58, paras. 29–41). 30. Fourth, States must establish safeguards to ensure the respect for the rights, will and preferences of the individual who is availing themselves of that support. Safeguards on the provision of support must: (a) be based on the person’s rights, will and preferences; (b) offer protection against abuse and undue influence; and (c) be proportional and tailored to the individual. Safeguards should include accountability mechanisms to ensure that the person’s will and preferences are respected in the provision of support, as well as mechanisms to challenge the action of a support person if there is a belief that the support person is not acting in accordance with the will and preferences of the person concerned. Ensuring that persons with disabilities have access to different forms of support, including independent advice, also contributes to reducing the risk of undue influence. It is important to emphasize that safeguards are meant to protect individuals in the provision of support, not prevent them from making decisions, or from the possibility of taking risks and making mistakes. Support should never amount to substitute decision-making and the primary purpose of the safeguards outlined in article 12 of the Convention is to ensure the respect of the rights, will and preferences of the person concerned. 12 31. The Special Rapporteur acknowledges that in certain situations the will of the person concerned might be difficult to determine. In situations where this cannot be established even after significant efforts, including through the provision of support and accommodations, a “best interpretation of the will and preference” standard should be applied as a last resort.13 That standard implies ascertaining what the person would have wanted instead of deciding on the basis of her/his best interest. The process should include consideration of the previously manifested preferences, values, attitudes, narratives and actions, inclusive of verbal or non-verbal communication, of the person concerned. 11 12 13 8 Ibid., para. 29 (g). Ibid., para. 20. Ibid., para. 21.