A/HRC/34/32
new admissions of children with disabilities into institutions; 64 (c) protect the right of
children with disabilities to live in the community and the right of all children to grow up in
a family;65 (d) seek alternative family placement rather than any form of residential care for
children who must be removed from their own family; 66 (e) as provided for under article 23
(5) of the Convention on the Rights of Persons with Disabilities, provide alternative care
“within the wider family, and failing that, within the community in a family setting”,67
where the immediate family is unable to care for the child; and (f) ensure that
deinstitutionalization in the case of children is focused on reintegrating them into a family
rather than into a smaller institution.
5.
Adequate standard of living
59.
Housing and social protection policies, as envisaged in articles 19 and 28 of the
Convention on the Rights of Persons with Disabilities, are essential for ensuring an
adequate standard of living for persons with psychosocial disabilities. Assistance for
housing and family and for the elimination of poverty, malnutrition and social exclusion
has an overall positive impact on the physical and mental health of persons with
psychosocial disabilities. In tandem with such measures, States should promote the
inclusion of persons with psychosocial disabilities in the open labour market so that they
are assured of an income. States should also raise awareness and provide technical guidance
and support on how to provide reasonable accommodation for persons with psychosocial
disabilities in the workplace.
C.
Technical support and capacity-building
60.
Articles 2.1 of the International Covenant on Economic, Social and Cultural Rights
and 32 of the Convention on the Rights of Persons with Disabilities provide the main
normative bases for technical support and capacity-building in the area of mental health.
Under the Covenant, States have a duty to take steps through international assistance and
cooperation, especially economic and technical cooperation, towards the progressive
realization of the right to health. As noted by the Committee on Economic, Social and
Cultural Rights, there is a particular obligation for States in a position to assist to provide
this assistance to other countries.
61.
With respect to persons with psychosocial disabilities, the following measures and
activities are critical for strengthening technical assistance and capacity-building at the
national level. They require the active engagement, participation, involvement and inputs of
people with lived experience of psychosocial disabilities, and their representative
organizations:
(a)
Technical support to countries to develop and implement policies, plans, laws
and services that promote and protect the rights of persons with psychosocial disabilities in
line with international human rights standards including the Convention on the Rights of
Persons with Disabilities;
64
65
66
67
United Nations Children’s Fund, The State of the World’s Children, p. 80.
See, for example, CRPD/C/GTM/CO/1 and CRPD/C/CZE/CO/1.
Eric Rosenthal, “A mandate to end placement of children in institutions and orphanages: the duty of
governments and donors to prevent segregation and torture (2017). Available from
https://www.law.georgetown.edu/academics/centers-institutes/human-rights-institute/ourwork/research/upload/Perspectives-on-Human-Rights-Rosenthal.pdf.
Ibid.
17
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