A/HRC/40/54 63. Only 4 of the 177 States parties to the Convention have made declarations with the intention of limiting the implementation of article 14.52 In addition, other countries have issued reservations and declarations on articles 12 and 15 that may have an impact on the realization of the right to personal liberty. 53 According to article 19 of the Vienna Convention on the Law of Treaties and article 46 of the Convention itself, reservations and declarations incompatible with the object and purpose of the treaty are not permitted. Given the centrality of the right to personal liberty to the enjoyment and exercise of all rights set out in the Convention, such reservations and declarations contradict its object and purpose. The Special Rapporteur urges the concerned States parties to withdraw all their reservations and declarations. VI. Ending deprivation of liberty on the basis of disability A. Law reform 64. States have an obligation to immediately repeal all legislation that allows for deprivation of liberty on the basis of actual or perceived impairment, whether in public or private settings. States must also repeal apparently disability-neutral legislation that has a disproportionate and adverse impact on the right to liberty of persons with disabilities. Mental health legislation, as long as it authorizes and regulates the involuntary deprivation of liberty and forced treatment of persons based on an actual or perceived impairment (i.e. diagnosis of “mental health condition” or “mental disorder”), must be abolished. For that purpose, States should initiate a comprehensive law review process, encompassing different areas of law, with the active participation of persons with disabilities and their representative organizations. 65. States must recognize the right of persons with disabilities to access a wide range of rights-based support services, including support services for persons experiencing crises in life and emotional distress. Legislation must ensure that those support arrangements are available, accessible, adequate and affordable; are provided on a voluntary basis; and respect the rights and dignity of persons with disabilities (A/HRC/34/58). Additionally, States must establish a legal framework that facilitates the creation and implementation of such support measures. 66. States should review their civil and criminal legislation to ensure that regulations on the legal liability and the duty of care of service providers and families do not encourage or result in coercive practices. Criminal laws must also be reviewed to eliminate laws and practices that criminalize homelessness and/or disability. B. Deinstitutionalization 67. States must eradicate all forms of institutionalization of persons with disabilities and set up clear deinstitutionalization processes. This process should include the adoption of a plan of action with clear timelines and concrete benchmarks, a moratorium on new admissions, the redistribution of public funds from institutions to community services and the development of adequate community support, such as housing assistance, home support, peer support and respite services (A/HRC/34/58). Deinstitutionalization initiatives should include all kinds of institutions, including psychiatric facilities. Ill-conceived and underresourced deinstitutionalization processes have been shown to be counterproductive and detrimental to the rights of persons with disabilities. Deinstitutionalization strategies must refrain from simply relocating individuals into smaller institutions, group homes or different congregated settings. 52 53 Australia, Ireland, the Netherlands and Norway. Canada, Egypt, Estonia, France, Georgia, Kuwait, Malaysia, Poland, Singapore and the Bolivarian Republic of Venezuela. 15