A/HRC/43/41/Add.2
Living independently in the community
98.
The Special Rapporteur recommends that the Government:
(a)
Take immediate action to stop new admissions of persons with
disabilities in all kind of institutions, including nursing homes, and establish timebound deinstitutionalization plans;
(b)
Adopt a rights-based approach to disability supports both in the federal
and the provincial or territorial legislation and in programming to address the gaps in
access to the supports that persons with disabilities require to live independently and
to be included in their communities;
(c)
Implement comprehensive, coordinated and sustainable communitybased services and supports for persons with disabilities at the provincial and
territorial level, including personal assistance;
(d)
Systematize and scale-up initiatives that have the potential to transform
service provision and promote greater choice and control over services;
(e)
Increase the support available to parents to enable them to keep children
with disabilities at home.
Right to life
99.
The Special Rapporteur recommends that the Government investigate
allegations concerning persons with disabilities in institutions being pressured into
seeking medical assistance in dying and establish adequate safeguards to ensure that
persons with disabilities do not request assistive dying simply because there are no
community-based alternatives or palliative care.
Right to health
100.
The Special Rapporteur recommends that the Government:
(a)
Improve access to health care for indigenous persons with disabilities by
making comprehensive rights-based medical care available as close as possible to their
homes;
(b)
Provide essential assistive devices and technical aids for free and
progressively make all other assistive devices more affordable.
Denial of legal capacity, deprivation of liberty and involuntary treatment
101.
The Special Rapporteur recommends that the Government:
(a)
Take immediate measures to stop all coercive practices against persons
with psychosocial and intellectual disabilities and autistic persons in psychiatric
facilities, including forced hospitalization, forced medication and the use of restraints
and seclusion;
(b)
Review the legal framework regarding involuntary psychiatric care to
ensure that all interventions, including community treatment orders, are provided on
the basis of free and informed consent;
(c)
Develop community-based, non-coercive services that are respectful of
the rights and dignity of persons with disabilities;
(d)
Provide adequate financial and technical assistance to civil society
organizations to support the implementation of supported decision-making initiatives;
(e)
Establish independent monitoring mechanisms at the provincial and
territorial level for centres of deprivation of liberty, including hospitals and
institutions.
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