A/HRC/28/37
with a view to achieving full inclusion and participation of persons with disabilities in the
community.
6.
Article 19 reflects the essence of the Convention, in which persons with disabilities
are regarded as subjects of rights. The article is aimed at preventing abandonment,
institutionalization and segregation in domestic settings through the promotion of enabling
and inclusive environments for all, and the abolishment of legal provisions that deprive
persons with disabilities of choice by forcing them to live in institutions or other segregated
settings. Fulfilment of the obligations under Article 19 also provides the conditions for the
full development of the personality and capabilities of persons with disabilities.
7.
The foundation of an independent and inclusive life in the community for persons
with disabilities is provided for by the general principles of the Convention (art. 3), in
particular the principles concerning full and effective participation and inclusion in society,
and respect for the individual’s inherent dignity, autonomy and independence. Full
enjoyment of the right to live independently in the community is both the result of, and a
precondition for, the combating of stereotypes and prejudices relating to persons with
disabilities and the promotion of awareness of their capabilities and contributions to society
(art. 8). Non-discrimination (art. 5) and accessibility (art. 9) are essential to ensure that
community services and facilities for the general population are available on an equal basis
to persons with disabilities and respond to their needs. Measures to prevent multiple
discrimination are required to guarantee women with disabilities the full and equal
enjoyment of the right to live independently in the community (art. 6). The specific barriers
that children with disabilities face in enjoying this right, including to have their views taken
into account on an equal basis with other children, should be duly considered and addressed
when determining the best interest of the child on issues related to article 19 (art. 7).
8.
The Convention recognizes that persons with disabilities have the right to equal
recognition before the law (art. 12). The enjoyment of this right is essential for the effective
realization of the right to live independently in the community, to make choices and to have
control over their everyday lives, on an equal basis with others.2 Similarly, respecting the
right to liberty and security of the person (art. 14) includes ending all forms of deprivation
of liberty that are based on the existence of an impairment.
9.
Ensuring that persons with disabilities enjoy an adequate standard of living (art. 28)
entails, inter alia, providing for support services that facilitate independence in their daily
lives.3 To that end, States parties are obliged to ensure access to appropriate and affordable
services, devices and other assistance for impairment-related needs, in particular for those
persons with disabilities living in poverty. It also requires that persons with disabilities have
access to public housing programmes. Inclusive education systems, accessible general and
specific health services, the availability of habilitation and rehabilitation programmes, and
equal opportunities in the open labour market are other examples of interconnected rights
that contribute significantly to people living independently in the community (arts. 24– 27).
10.
Article 19 is closely connected to provisions in other human rights treaties,
including the International Covenant on Civil and Political Rights,4 the International
Covenant on Economic, Social and Cultural Rights 5 and the Convention on the Rights of
2
3
4
5
4
See Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal
recognition before the law, para. 44.
See Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994) on persons
with disabilities, para. 33.
For instance, articles 9, 12, 16 and 17.
For instance, articles 11 and 12.
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