CRPD/C/GC/5
accessible and available from a diversity of sources in order to enable persons with
disabilities to make fully informed decisions and choices about where, with whom and how
to live and what kind of service is best suited to them. It is also of critical importance that
mechanisms to provide feedback and complaints are communication accessible.
86.
States parties should ensure that in the provision of support services under article 19,
the privacy, family, home, correspondence and honour of persons with disabilities are
protected from any unlawful interference (art. 22). In any case of unlawful interference,
disability-, gender- and age-sensitive monitoring, legal remedies and relief must be
available for all persons with disabilities using support services.
87.
The right to living independently in the community is intimately linked with the
right to family for children and parents with disabilities (art. 23). The absence of
community-based support and services may create financial pressures and constraints for
the family of persons with disabilities; the rights enshrined in article 23 are essential to
prevent children from being taken away from their families and being institutionalized, as
well as to support families in community living. These rights are equally important to
ensure that children are not taken away from their parents because of the latter’s disability.
States parties should provide information, guidance and support to families in upholding
their children’ rights and promote inclusion and participation in the community.
88.
Living independently and being included in the community is inherently linked to
inclusive education (art. 24) and requires recognition of the right of persons with
disabilities to live independently and enjoy inclusion and participation in the community.11
Inclusion of persons with disabilities in the mainstream education system generates further
inclusion of persons with disabilities in the community. Deinstitutionalization also entails
the introduction of inclusive education. States parties should note the role that exercising
the right to inclusive education will play in building the strengths, skills and competencies
necessary for all persons with disabilities to enjoy, benefit from and contribute to their
communities.
89.
General health facilities and services (art. 25) must be available, accessible,
adaptable and acceptable for persons with disabilities in their communities, including the
support required by some persons with disabilities (for example those with complex
communication requirements, psychosocial disabilities or intellectual disabilities and/or
deaf persons) during hospitalizations, surgeries and medical consultations. The provision of
nurses, physiotherapists, psychiatrists or psychologists, in hospitals as well as at home, is a
part of health care and should not be seen as the fulfilment of a States party’s obligation
under article 19, but rather under article 25.
90.
Independent living in the community, habilitation and rehabilitation (art. 26) are
interdependent. For some persons with disabilities, participation in rehabilitation services is
not possible if they do not receive sufficient individualized support. At the same time, the
purpose of rehabilitation is to enable persons with disabilities to fully and effectively
participate in the community. The habilitation and rehabilitation of a person with disability
must always take place with his/her free and informed consent. Habilitation and
rehabilitation are predominantly relevant in relation to education, employment, health and
social matters.
91.
The existence of individualized support services, including personal assistance, often
is a precondition for effective enjoyment of the right to work and employment (art. 27).
Furthermore, persons with disabilities should also become employers, managers or trainers
in disability-specific support services. Implementing article 19 will thus help to phase out
sheltered employment.
92. To ensure that persons with disabilities enjoy an adequate standard of living (art. 28),
States parties should provide, inter alia, access to support services that enable them to live
independently. Therefore, there is an obligation on the part of States parties to ensure
access to appropriate and affordable services, devices and other assistance for impairment-
11
16
Committee on the Rights of Persons with Disabilities, general comment No. 4 (2016) on the right to
inclusive education.