A/HRC/28/37
work, as well as those who formerly worked, in residential institutions to ensure that they
actively contribute to the transformation and complement the deinstitutionalization process.
38.
Persons with disabilities must have control over the support provided and be the
ones who hire, employ, supervise, evaluate and dismiss their assistants. The possibility to
choose between different service providers is a way to make the services more accountable,
increase control by the user and provide protection against the risk of abuse. There may be
a variety of providers, including the State, as well as providers from the private and nonprofit sector, although in practice the choice may be limited by the type of impairment or
the available service alternatives. Payment to users rather than providers contributes to
ensuring that the support is person-centred and respects the preferences of the person with
disabilities. In several countries, direct payments rather than services in kind have been
introduced, often in the form of a personal budget payable to the eligible person. In
Germany, by 2009 about 10,000 recipients, 31 per cent of whom were persons with
intellectual disabilities, had opted to receive vouchers. Independent planning support and
facilitation services may be required to assist the person in deciding how to use personal
budgets. The National Disability Insurance Scheme currently being piloted in Australia will
provide persons with disabilities with individualized planning support to identify suitable
and necessary services based on their functional needs rather than on diagnosis.
39.
Lack of adequate human resources, poor service coordination, disparities in access
between urban and rural settings, and the conditions attached to the provision of support
(for example, when dependent on a specific living arrangement) are some of the common
barriers to adequate community support services. Lack of information and awareness is
often another reason for the exclusion of persons with disabilities. Inappropriate policy and
institutional frameworks, as well as the lack of knowledge of policymakers and service
providers, often result in low quality support, routinely geared towards medical or charity
approaches. There have been instances in which personal assistance has been misused. At
the policy level, regulations have failed to establish guarantees for user control over budget
and services. At the practical level, service providers have absorbed budgets to cover
general expenses, instead of providing individualized services, or personal assistants have
imposed decisions or actions on the user. In order to avoid such abuse and ensure that the
user has control over the budget and supervision of the personal assistant, a correct
understanding of the concept of personal assistance is essential. 31 This is also needed to
enable users to enjoy access to effective redress and remedy.
40.
Eligibility criteria for access to support services need to be defined in a nondiscriminatory way. In particular, the assessment should shift from a medical to a human
rights-based approach to disability, focus on the needs of the person rather than the
impairment32 and respect individual choice and preferences by ensuring the participation of
persons with disabilities in the decision-making process. In defining criteria, it is also
important to ensure that persons with disabilities have equal access to support. Here,
adopting an open concept on disability compliant with the Convention on the Rights of
Persons with Disabilities (art. 1, second paragraph) is an essential step.
41.
There are different options for covering the costs of support services. Some States
cover the entire budget for service delivery and provision, while others share costs with
beneficiaries. Sometimes services are provided directly by organizations of persons with
disabilities, which can receive co-financing by State or local government, or can raise their
31
32
12
The European Network on Independent Living, for instance, has proposed a definition of personal
assistance, available from www.enil.eu/policy/.
The Committee on the Rights of Persons with Disability has expressed concern about linking the
eligibility of social services to a specific grade of disability. See, for instance, CRPD/C/ESP/CO/1.
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