CRPD/C/GC/5
66.
States parties must ensure access to justice and provide legal aid and appropriate
legal advice, remedies and support, including through reasonable and procedural
accommodation, for persons with disabilities who seek to enforce their right to living
independently in the community.
67.
States parties should provide adequate support services to family carers so they can
in turn support their child or relative to live independently in the community. This support
should include respite care services, childcare services and other supportive parenting
services. Financial support is also crucial for family carers, who often live in situations of
extreme poverty without the possibility of accessing the labour market. States parties
should also provide social support to families and foster the development of counselling
services, circles of support and other adequate support options.
68.
States parties must regularly conduct surveys and other forms of analysis providing
data on the physical, communication, environmental, infrastructural and attitudinal barriers
experienced by persons with disabilities and the requirements for implementing living
independently in the community.
IV. Relationship with other provisions of the Convention
69.
The right to live independently and be included in the community is interrelated with
the enjoyment of other human rights provided for in the Convention. At the same time, it is
more than the sum of those rights as it affirms that all rights should be exercised and
enjoyed in the community where a person chooses to live and in which alone the free and
full development of one’s personality can be fulfilled.
70.
Consultations with and the active involvement of persons with disabilities, through
their representative organizations (art. 4 (3)), is critical for the adoption of all plans and
strategies as well as for follow-up and monitoring when implementing the right to
independent living in the community. Decision makers at all levels must actively involve
and consult the full range of persons with disabilities including organizations of women
with disabilities, older persons with disabilities, children with disabilities, persons with
psychosocial disabilities and persons with intellectual disabilities.
71.
Non-discrimination (art. 5), in terms of living independently and being included in
the community, is important in regard to accessing and receiving support services. States
parties should define eligibility criteria and procedures for accessing support services in a
non-discriminatory way, objectively and focused on the requirements of the person rather
than on the impairment, following a human rights-compliant approach. The establishment
of specific services for persons with disabilities in the particular circumstances of the
persons with disabilities and in accordance with their requirements, such as services for
children, students, employees and older persons with disabilities, should not be considered
as a discriminatory violation of the Convention, but rather as a just and legally available
affirmative action. Persons with disabilities who face discrimination in relation to article 19
must have effective and affordable legal remedies at their disposal.
72.
Often, women and girls with disabilities (art. 6) are more excluded and isolated, and
face more restrictions regarding their place of residence as well as their living arrangements
owing to paternalistic stereotyping and patriarchal social patterns that discriminate against
women in society. Women and girls with disabilities also experience gender-based,
multiple and intersectional discrimination, greater risk of institutionalization and violence,
including sexual violence, abuse and harassment. 8 States parties must provide affordable, or
free, legal remedy and support services for victims of violence and abuse. Women with
disabilities who face domestic violence are frequently more economically, physically or
emotionally dependent on their abusers, who often act as caregivers, a situation that
prevents women with disabilities from leaving abusive relationships and leads to further
social isolation. Therefore, when implementing the right to live independently and be
8
See Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on women
and girls with disabilities.
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