A/HRC/40/54 86. Deprivation of liberty on the basis of impairment is not a “necessary evil” but a consequence of the failure of States to ensure their human rights obligations towards persons with disabilities. As this report illustrates, deprivation of liberty of persons with disabilities is rooted in intolerance, and in States’ inaction to implement human rights, particularly the rights to legal capacity, integrity, access to justice, living independently in the community, the highest attainable standard of health, an adequate standard of living and social protection. In the absence of appropriate support and livelihoods, persons with disabilities are sent to institutions and mental health facilities as if there were no other option. As designed, institutional care and mental health services will only add to this accumulated structural discrimination. 87. The Special Rapporteur makes the following recommendations to States with the aim of assisting them in developing and implementing reforms towards the full implementation of the right to personal liberty and security: (a) Recognize the right of persons with disabilities to liberty and security, on an equal basis with others, in domestic legislation; (b) Conduct a comprehensive legislative review process to abolish all laws and regulations that allow for deprivation of liberty on the basis of impairment or in combination with other factors; (c) Implement a policy for the deinstitutionalization of persons with disabilities from all kinds of institutions, including the adoption of a plan of action with clear timelines and concrete benchmarks, a moratorium on new admissions and the development of adequate community support; (d) End all forms of coercive practices, including in mental health settings, and guarantee respect for a person’s informed consent at all times; (e) Guarantee access to effective remedies to all persons with disabilities arbitrarily deprived of their liberty and take immediate action to restore their liberty; (f) Ensure the development of support services for persons experiencing crises and emotional distress, including safe and supportive spaces to discuss suicide and self-harm; (g) Actively involve and consult with persons with disabilities and their representative organizations in all decision-making processes to end all forms of deprivation of liberty based on impairment; (h) Raise public awareness, particularly among policymakers, public officers, service providers and media, about the right to liberty and security of persons with disabilities, including combating stereotypes, prejudices and harmful practices; (i) Refrain from allocating funding to services infringing the right to liberty and security of persons with disabilities and progressively increase funds allocated to fund research and technical assistance towards ending all disability-specific forms of deprivation of liberty, and to ensure access of persons with disabilities to communitybased services and social protection programmes. (j) Encourage international cooperation actors, including non-profit organizations, to refrain from funding disability-specific places or settings of deprivation of liberty. 88. The Special Rapporteur also recommends that the United Nations system enhance its capacities and adequately consider the standards on the right to liberty and security of persons upheld by the Convention on the Rights of Persons with Disabilities in all its work, including when supporting the legislative and policy reforms of States. 19