A/HRC/36/48 control over their living arrangements. Those are not limited to the place of residence, but include daily schedule, routine, way of life and lifestyle of a person, covering private and public spheres in a daily and long-term dimension. It further provides that involuntary placement and treatment is incompatible with the Convention. Although to date the Committee has not specifically addressed whether support provided through assistive and/or robotics technology can be imposed on individuals, such interpretation is understood as being incompatible with the principle of autonomy and would therefore run counter to the Convention. 19. According to the Special Rapporteur on the rights of persons with disabilities, access to quality support, including in the form of assistive devices and technology, derives from the basic principles of human rights, such as dignity, autonomy, equality, nondiscrimination, participation and inclusion. States therefore have an obligation to ensure access to a wide range of support services to persons with disabilities. Support is a human rights obligation arising from various rights, including the right to an adequate standard of living, the right to social protection, the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the right to education. While the obligation to provide support refers to individualized measures, the obligation of accessibility requires States to take action to create societies that are more inclusive (see A/HRC/34/58). 20. The Committee on Economic, Social and Cultural Rights considers access to assistive support intrinsic to the right to an adequate standard of living. In its general comment No. 5 (1994) on persons with disabilities, it noted the need to ensure the availability of support services and assistive devices for persons with disabilities as part of article 11. There is no explicit reference, however, to assistive technology in its general comment No. 6 (1995) on the economic, social and cultural rights of older persons. The Committee merely draws on the Vienna International Plan of Action on Aging, which states that national policies should help elderly persons to continue to live in their own homes as long as possible through the restoration, development and improvement of homes and their adaptation to the ability of those persons to gain access to and use them. 21. The United Nations Principles for Older Persons provide that older persons should be able to reside at home for as long as possible (principle 6). This, however, leaves a wide margin of appreciation as to when support at home is no longer sufficient. 22. No explicit reference to assistive technology is contained in regional standards on the rights of older persons. It is suggested in the Inter-American Convention on Protecting the Human Rights of Older Persons that living environments should be adapted to the preferences and needs of older persons and that States should provide home-care services that enable older persons to reside in their own home, should they so wish (art. 24). Along similar lines, the Committee of Ministers of the Council of Europe, in its recommendation CM/Rec(2014)2 on the promotion of human rights of older persons, states that care services “should be available within the community to enable older persons to stay as long as possible in their own homes” (para. 30) and that States should help with covering the costs, if necessary. There is no clear obligation, however, for States to provide support for older persons.3 Moreover, the Committee of Ministers states that access to care in the community may be limited and assumes that under certain conditions older persons may be forced to leave their homes and enter into residential settings (para. 40). 23. It is emphasized in the Madrid International Plan of Action on Ageing, 2002 that assistive technology and supportive environments can prevent disability in old age and lead to cost savings (para. 61). Moreover, technology can reduce barriers in access to health (i.e. telemedicine) and education (i.e. distance learning) and can support rehabilitation. According to the Madrid Plan of Action, medical technologies need to be affordable and accessible to ensure availability to everyone without discrimination. Whereas these provisions establish the importance of assistive technology for older persons, the Madrid 3 6 Council of Europe, Parliamentary Assembly, report by the Committee on Social Affairs, Health and Sustainable Development on the human rights of older persons and their comprehensive care, Doc. 14320.

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