CRPD/C/GC/5
and/or to legal restrictions deriving from guardianship laws and similar legal norms or
decisions which do not allow persons with disabilities to exercise their legal capacity. Even
if no formal laws are in place, other persons, such as families, caregivers or local authorities,
sometimes exercise control and restrict an individual’s choices by acting as substitute
decision makers.
27.
Legal personality and legal agency are the bases for the realization of independent
living within the community for persons with disabilities. Article 19 is, therefore, linked to
the recognition and exercise of legal personality and legal capacity as enshrined in article
12 of the Convention and further explained in the Committee’s general comment No. 1
(2014) on equal recognition before the law. Further, it is linked to the absolute prohibition
of detention on the basis of disability as enshrined in article 14 and elaborated in the
respective guidelines.4
D.
Article 19 (b)
28.
Individualized support services must be considered a right rather than a form of
medical, social or charity care. For many persons with disabilities, access to a range of
individualized support services is a precondition for independent living within the
community. Persons with disabilities have the right to choose services and service providers
according to their individual requirements and personal preferences, and individualized
support should be flexible enough to adapt to the requirements of the “users” and not the
other way around. This places an obligation on States parties to ensure that there are
sufficient numbers of qualified specialists able to identify practical solutions to the barriers
to living independently within the community in accordance with the requirements and
preferences of the individual.
29.
Subparagraph (b) specifies various individualized services which fall within the
category of support services. They are not restricted to services inside the home, but must
also be able to be extended to the spheres of employment, education and political and
cultural participation; empowering parenthood and the ability to reach family relatives and
others; participation in political and cultural life; one’s leisure interests and activities; and
travel as well as recreation.
30.
While individualized support services may vary in name, type or kind according to
the cultural, economic and geographic specifics of the State party, all support services must
be designed to support living within the community, preventing isolation and segregation
from others, and must in actuality be suitable for this purpose. It is important that the aim of
these support services be the realization of full inclusion within the community. Therefore,
any institutional form of support services which segregates and limits personal autonomy is
not permitted by article 19 (b).
31.
It is also relevant to keep in mind that all support services have to be designed and
delivered in a mode which supports the overall purpose of the norm: full, individualized,
self-chosen and effective inclusion and participation, and living independently.
E.
Article 19 (c)
32.
Services and facilities mentioned in this section of the article are non-disabilityspecific support services and facilities for the general population in the community. They
cover a wide range of services, such as housing, public libraries, hospitals, schools,
transport, shops, markets, museums, the Internet, social media and similar facilities and
services. These must be available, universally accessible, acceptable and adaptable for all
persons with disabilities within the community.
33.
Accessibility of community facilities, goods and services, as well as the exercise of
the right to inclusive, accessible employment, education and health care are essential
conditions for the inclusion and participation of persons with disabilities in the community.
4
Guidelines on the right to liberty and security of persons with disabilities (A/72/55, annex).
7