A/HRC/28/37
their lives, irrespective of whether services to that end are provided by the private
sector.
60.
Forced institutionalization violates the Convention on the Rights of Persons
with Disabilities, as it is a form of deprivation of liberty based on the existence of an
impairment, and must be discontinued. States parties must establish full recognition
before the law of all persons with disabilities and ensure that they are able to exercise
choice and control over their lives on an equal basis with others, with access to
supported decision-making when needed.
61.
Deinstitutionalization requires a systemic transformation that goes beyond the
closure of institutional settings. In order to enable social participation, it should
provide for (a) individualized support services and (b) inclusive mainstream services
in full respect for the will and preference of persons with disabilities. Newer forms of
institutionalization tend to be concealed by superficial changes that do not transfer
actual control from service providers to the service users as required by the human
rights-based approach to disability.
62.
Support for persons with disabilities engages different suppliers and settings.
In-home, residential and other community services can offer quality support while
reducing adverse consequences for the family and for gender equality.
63.
Personal assistance is an effective means to ensure the right to live
independently and be included in the community in ways that respect the inherent
dignity, individual autonomy and independence of persons with disabilities. Personal
assistance should be available to all persons with disabilities, including those with
intellectual and psychosocial disabilities.
64.
Persons with disabilities are the best experts regarding their needs. Allocating
budgets to service users rather than service providers shifts the control and choice to
persons with disabilities and ultimately improves the quality of support. Training is
also important to ensure that the support provided is of adequate quality and
complies with the Convention on the Rights of Persons with Disabilities.
65.
High quality individualized support and inclusive mainstream services may
require an initial investment. However, inclusive societies, in which persons with
disabilities fully participate and contribute to the economic, social, political and
cultural life, are more cost-effective in the long term. Resource limitations should not
be a reason for inaction; rather, effective partnerships and relevant, rights-based
prioritization should be promoted. Austerity measures should not justify retrogressive
steps.
66.
The Convention on the Rights of Persons with Disabilities contains the most
recent norms relating to the right to live independently and be included in the
community, which should be considered the minimum standards when developing
future human rights instruments at global or regional levels.
17
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