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