A/HRC/28/37 IV. National implementation 50. Existing studies and submissions for the present report highlight significant differences, including at the intraregional level, in the availability of community services to persons with disabilities, the provision of individualized support and the opportunities to choose services.40 National implementation should be sensitive to local and cultural approaches, including to rural and indigenous practices, placing persons with disability at the center of the control over their life. 51. Persons with disabilities and their representative organizations should be actively involved in the implementation of article 19, including in the development and implementation of legislation, policies and programmes, as stipulated in article 4, paragraph 3, of the Convention on the Rights of Persons with Disabilities. 52. There is a range of legislative and administrative measures that States should consider in order to avoid exclusion of, and discrimination against, persons with disabilities.41 In most cases, establishing equal recognition before the law and legal capacity for persons with disabilities requires revision of the civil law. The legal framework should recognize the right of persons with disabilities to live independently and be included in the community, and provisions allowing for forced institutionalization should be repealed. In some cases, States have not taken full advantage of reform processes and have made only partial advances. It is important that legislative reviews be aimed at integrating the standards of the Convention on the Rights of Persons with Disabilities in all sectors, not just in one. 53. Deinstitutionalization plans should envisage a systemic transformation and the progressive increase of support and alternative services available in the community, and provide for a realistic time frame. This requires the reallocation of resources from institutions to community support services and an end to the creation of new institutions or structural refurbishment of those that exist. Where residential institutions do not exist, States should not reproduce outdated models but rather implement approaches that promote and protect the rights of persons with disabilities to live independently and be included in the community. 54. States have the responsibility to set relevant non-discriminatory standards for both support services and mainstream community services, and to provide adequate funding. In that sense, it may be effective to include support services in the formulation of a national disability policy and related action plans. Where States do not provide support services directly, they should ensure that, in compliance with article 19, privatization does not negatively affect the availability, accessibility, affordability and quality of services. Support should remain driven by the needs of the individual, not the interests of the provider. 55. Ministries in charge of the implementation of policies on service provision differ from one country to the next. Often ministries with social/welfare portfolios play a major role in providing support services, housing and infrastructure for inclusive environments. In order to guard against an exclusively medical approach to support and services, it is better if all support-related portfolios are not entirely the responsibility of the ministry of health. However, health ministries, together with the ministries of justice, have a particular role in 40 41 See, for instance, Inclusion International, Inclusive Communities, chap. 5. Including the provision of reasonable accommodation in line with articles 2 and 5 of the Convention on the Rights of Persons with Disabilities. 15