A/HRC/40/54
74.
States must guarantee that all persons with disabilities who have experienced any
form of arbitrary deprivation of liberty and/or exploitation, violence or abuse in the context
of such practices have access to adequate redress and reparations, including restitution,
compensation, satisfaction and guarantees of non-repetition, as appropriate. When detention
is found to be arbitrary, restitution necessarily implies the restoration of liberty. 57
75.
National preventive mechanisms, national human rights institutions and independent
mechanisms for the promotion, protection and monitoring of the implementation of the
Convention must be expressly mandated to carry out inquiries and investigations in relation
to the deprivation of liberty of persons with disabilities and provide them with assistance in
accessing representation and legal remedies. Disability-specific settings of deprivation of
liberty, such as psychiatric facilities and other institutions, must be effectively monitored.
Having accurate data on the numbers of persons with disabilities deprived of their liberty
will also allow monitoring of the trends and changes over time, thus enabling better
preventive and deinstitutionalization strategies.
E.
Community support
76.
States should implement a comprehensive system to coordinate the effective access
of persons with disabilities to rights-based support, including access to a range of in-home,
residential and other community support services (A/HRC/34/58). General services and
programmes, including education, health care, employment and housing, as well as other
community services, must also be inclusive of and accessible for persons with disabilities.
Persons with disabilities should have the opportunity to choose where and with whom to
live, and not be obliged to live in a particular living arrangement.
77.
Children with disabilities and their families must be provided with different types of
information and support services, including early intervention, day care, education, child
protection and social services, to avoid family separation and institutionalization. Families
may also need assistance to understand disability in a positive way and to know how to
support their children in accordance with their age and maturity. When family separation is
unavoidable, States must ensure placement of children in appropriate family-based
alternative care arrangements that meet their best interests. Smaller institutions, group
homes or “family-like” institutions are no substitute for the right and the need of all
children to live with a family.
78.
Disability-inclusive social protection systems can contribute significantly to
reducing deprivation of liberty of persons with disabilities by ensuring income security and
access to social services. States must implement comprehensive and inclusive social
protection systems that mainstream disability in all programmes and interventions, and
ensure access to specific programmes and services for disability-related needs (A/70/297).
Disability benefits must promote the independence and social inclusion of persons with
disabilities and not lead to their wrongful deprivation of liberty in institutions. All persons
with disabilities, including those with multiple and severe impairments, have a right to live
in the community and to be provided with the support they need to do so.
F.
Participation
79.
In the process of law and policy reform to end all forms of deprivation of liberty
based on impairment, States must closely consult with and actively involve persons with
disabilities and their representative organizations, in particular those groups whose rights
are directly affected, including children with disabilities. Likewise, persons with disabilities
and their representative organizations must participate in all decision-making processes
related to the design, implementation, monitoring and evaluation of mental health systems,
including the development of non-coercive community-based responses.
57
Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of
His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court, para. 26.
17
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