A/HRC/34/58
4.
Disadvantaged groups
46.
Persons with disabilities belonging to groups that have been historically
discriminated against or disadvantaged (such as indigenous peoples, ethnic minorities and
persons living with HIV/AIDS) are disproportionately affected in accessing support
arrangements and services. This also applies to migrants, persons living in conflict
situations, internally displaced persons, refugees, asylum seekers, stateless persons and
prisoners with disabilities, as humanitarian responses tend to overlook their support needs.
Moreover, there is a strong link between belonging to a racial and cultural minority and
experiencing coercion and institutionalization.15 Policies and programmes to ensure access
to support must seek to overcome the impact of the multiple and aggravated forms of
discrimination faced by persons with disabilities belonging to these groups in accessing
support.
47.
Policies and programmes to ensure access to support should respond to the
heterogeneous needs of the diverse disability community, which includes deaf, deafblind
and autistic persons, persons with psychosocial and intellectual disabilities and persons
with albinism. For example, in Kazakhstan new regulations provide that all blind and
deafblind persons are entitled to personal assistance. Nonetheless, while impairmentspecific considerations may be necessary to provide targeted support services for specific
groups, States should carefully assess whether the adoption of specific measures that
benefit certain groups may exclude others.
D.
Unpacking the obligation to provide access to support
48.
Following the standards developed by the Committee on Economic, Social and
Cultural Rights, 16 the Special Rapporteur has identified four interrelated and essential
elements of the obligation to provide support to persons with disabilities. These elements
can vary in accordance with different conditions and types of support arrangements.
1.
Availability
49.
Appropriate support services and arrangements must be available to all persons with
disabilities in sufficient quantity within countries. States should consider establishing a
system, under domestic law, to ensure access to a wide range of support measures. This
system can be composed of a single scheme or a variety of schemes, both formal and
informal. States have a duty to ensure that support is available for persons with disabilities,
regardless of whether it is actually provided by public service providers, civil society,
families, communities, or a combination of public and private actors. While the support
provided by family, friends and the broader community is extremely important and should
be encouraged and enabled, it is not always a reliable or sustainable solution in the longer
term (see A/HRC/28/37, paras. 35-36).
50.
Support systems should ensure the availability of an adequate number of functioning
programmes and services to provide the fullest possible range of support to the diverse
population of persons with disabilities, including communication support, support in
decision-making, mobility support, personal assistance, living arrangements services and
community services. Ensuring the availability of a reliable, skilled and trained workforce,
15
16
12
Ruchika Gajwani and others, “Ethnicity and detention: are black and minority ethnic (BME) groups
disproportionately detained under the Mental Health Act 2007?”, Social Psychiatry and Psychiatric
Epidemiology, vol. 51, No. 5 (May 2016), pp. 703-711.
General comments No. 13 (1999) on the right to education, No. 14 (2000) on the right to the highest
attainable standard of health and No. 19 (2007) on the right to social security.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents