A/HRC/40/54
which in turn serves to justify more restrictive policies in psychiatric facilities. 22 Similarly,
in many countries health-care and social care professionals encourage parents to place their
children with disabilities in institutions under the false claim that they will receive better
care than at home (see A/HRC/37/56/Add.2). Child protection authorities may also separate
children from their families based on real or perceived disabilities of the parents without
offering them the support they may need to keep their children.
29.
Sometimes the lack of appropriate community-based support is behind an alleged
need for treatment and care, which is used to justify involuntary commitment in mental
health facilities or other forms of institutionalization. Regardless of a country’s income
level, all persons with disabilities face significant barriers in accessing health, education,
employment opportunities and financial support. Furthermore, overall, persons with
disabilities have limited access to support services, including personal assistance, support in
decision-making and communication, non-medical crisis support, mobility support and
housing arrangement services (A/HRC/34/58). This long-term and cumulative impact of
exclusion and discrimination often results in deprivation of liberty.
30.
Persons with disabilities are regularly deprived of liberty in order to access services
that should have been delivered in the community. For example, many families send their
children with disabilities to institutions (e.g. special education boarding schools, social
institutions, vocational centres) because there is no other way to ensure access to education.
Many persons with disabilities are also placed into residential institutions as a way to
access social protection benefits. Lack of awareness also plays a role as it is often
considered that persons with disabilities need specialized care that cannot be provided in
the community.
31.
Furthermore, when States fail to provide families with the necessary support, it may
result in placement of their relatives with disabilities in institutions. Families that lack the
social and financial support to provide adequate assistance to those with disabilities, or are
unable to cope with the stress and pressure of providing around-the-clock support, are left
with very limited options and driven to take them to institutions or hospitals.
32.
Until very recently, and still in many countries today, mental health services were
predominantly provided in inpatient settings. While some countries are shifting from
institutionalized care to community-based interventions, responses to intense distress and
crisis situations (often referred as “acute and emergency situations”) continue to be
generally addressed on an involuntary basis within inpatient wards, subjecting individuals
to even greater distress and trauma. However, evidence shows that community-based crisis
services can deliver the desired outcomes in assisting people during crisis situations. 23
There is a need for psychiatry to transform and embrace a human rights-based approach.
33.
The relationship between poverty, homelessness and disability is well recognized. 24
Persons with intellectual or psychosocial disabilities are overrepresented among the
homeless population. When the State fails to secure income and housing assistance to this
population, it is likely they will end up involuntarily committed or institutionalized.
Furthermore, homeless persons with disabilities are continuously exposed to the risk of
being deprived of their liberty, as survival behaviours (e.g. begging, sleeping in public
spaces, sitting down on sidewalks, loitering) are treated as criminal activity under laws that
criminalize homelessness.25
34.
In fact, the criminalization of disability is a worrisome trend. In many jurisdictions,
legislation is increasingly penalizing atypical behaviours (e.g. running rampant, temper
22
23
24
25
8
J.F. Sowislo and others, “Perceived dangerousness as related to psychiatric symptoms and psychiatric
service use – a vignette based representative population survey”, Scientific Reports, vol. 7, No. 45716
(2017).
Gooding and others, Alternatives to Coercion, pp. 67–81.
C. Mercier and S. Picard, “Intellectual disability and homelessness”, Journal of Intellectual Disability
Research, vol. 55 (2011), pp. 441–449; and K. Salkow and M. Fichter, “Homelessness and mental
illness”, Current Opinion in Psychiatry, vol. 16, No. 4 (2003), pp. 467–471.
National Law Center on Homelessness and Poverty, No Safe Place: the Criminalization of
Homelessness in U.S. Cities (2014).
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