CRPD/C/GC/5 to put in place and implement laws and policies prohibiting conduct by family members and third parties, service providers, landowners or providers of general services which undermines the full enjoyment of the right to be included and live independently within the community. 51. States parties should ensure that public or private funds are not spent on maintaining, renovating, establishing building or creating any form of institution or institutionalization. Furthermore, States parties must ensure that private institutions are not established under the guise of “community living”. 52. Support should always be based on individual requirements, not on the interests of the service provider. States parties should establish mechanisms for monitoring service providers, adopt measures which protect persons with disabilities from being hidden in the family or isolated in institutions and children from being abandoned or institutionalized on the grounds of disability, and establish appropriate mechanisms to detect situations of violence against persons with disabilities by third parties. States parties should also prohibit directors and/or managers of residential institutions from becoming guardians of residents. 53. The duty to protect also includes the prohibition of discriminatory practices such as the exclusion of individuals or groups from the provision of certain services. States parties should prohibit and prevent third parties from imposing practical or procedural barriers to living independently and being included in the community, for example by ensuring that services provided are in line with living independently in the community and that persons with disabilities are not denied the possibility to rent or are not disadvantaged in the housing market. General community services open to the public such as libraries, swimming pools, public parks/spaces, shops, post offices and cinemas must be accessible and responsive to the requirements of persons with disabilities, as enshrined in the Committee’s general comment No. 2 (2014) on accessibility. C. Obligation to fulfil 54. The obligation to fulfil requires States to promote, facilitate and provide appropriate legislative, administrative, budgetary, judicial, programmatic, promotional and other measures to ensure the full realization of the right to live independently and be included in the community as enshrined in the Convention. The obligation to fulfil also requires States parties to take measures to eradicate practical barriers to the full realization of the right to live independently and be included in the community, such as inaccessible housing, limited access to disability support services, inaccessible facilities, goods and services in the community and prejudices against persons with disabilities. 55. States parties should empower family members to support the family members with disabilities to realize their right to live independently and be included in the community. 56. While implementing legislation, policies and programmes, States parties must closely consult and actively involve a diverse range of persons with disabilities through their representative organizations in all aspects concerning living independently in the community, in particular, when developing support services and investing resources in support services within the community. 57. States parties must adopt a strategy and a concrete plan of action for deinstitutionalization. It should include the duty to implement structural reforms, to improve accessibility for persons with disabilities within the community and to raise awareness among all persons in society about inclusion of persons with disabilities within the community. 58. Deinstitutionalization also requires a systemic transformation, which includes the closure of institutions and the elimination of institutionalizing regulations as part of a comprehensive strategy, along with the establishment of a range of individualized support services, including individualized plans for transition with budgets and time frames as well as inclusive support services. Therefore, a coordinated, cross-government approach which ensures reforms, budgets and appropriate changes of attitude at all levels and sectors of government, including local authorities, is required. 11

Select target paragraph3