CRPD/C/GC/5
Various deinstitutionalization programmes have shown that the closure of institutions,
regardless of their size and the relocation of inhabitants in the community, in itself is not
enough. Such reforms must be accompanied by comprehensive service and community
development programmes, including awareness programmes. Structural reforms designed
to improve overall accessibility within the community may reduce the demand for
disability-specific services.
34.
In terms of material scope, article 19 covers access to safe and adequate housing,
individual services and community facilities and services. Access to housing means having
the option to live in the community on an equal basis with others. Article 19 is not properly
implemented if housing is only provided in specifically designed areas and arranged in a
way that persons with disabilities have to live in the same building, complex or
neighbourhood. Accessible housing providing accommodation to persons with disabilities,
whether they live alone or as a part of a family, must be available in sufficient number,
within all areas of the community, to provide the right of persons with disabilities to choose
and the possibility to do so. To this end, barrier-free new residential construction and the
barrier-free retrofitting of existing residential structures are required. In addition, housing
must be affordable to persons with disabilities.
35.
Support services must be available within safe physical and geographical reach to all
persons with disabilities living in urban or rural areas. They have to be affordable, taking
into account persons living on low incomes. They also need to be acceptable, which means
that they must respect standard levels of quality and be gender, age and culturally sensitive.
36.
Individualized support services which do not allow for personal choice and selfcontrol are not providing for living independently within the community. Support services
provided as combined residential and support service (delivered as a combined “package”)
are often offered to persons with disabilities on the premise of cost efficiency. However,
while this premise itself can be rebutted in terms of economics, aspects of cost efficiency
must not override the core of the human right at stake. Persons with disabilities should not
be required by rule to share personal assistance and assistants; this should only be done
with their full and free consent. The possibility to choose is one of the three key elements of
the right to live independently within the community.
37.
The right to equal support services corresponds with the duty to ensure the
participation and involvement of persons with disabilities in processes related to facilities
and services in the community, ensuring that they are responsive to specific requirements,
are gender and age sensitive, and that they are available to allow for the spontaneous
participation of persons with disabilities within the community. For children, the core of the
right to live independently and be included in the community entails a right to grow up in a
family.
F.
Core elements
38.
The Committee finds it important to identify core elements of article 19 in order to
ensure that the realization of a standardized minimum support level sufficient to allow the
exercise of the right to live independently and be included in the community is carried out
by every State party. States parties should ensure that the core elements of article 19 are
always respected, particularly in times of financial or economic crisis. These core elements
are:
(a)
To ensure the right to legal capacity, in line with the Committee’s general
comment No. 1, to decide where, with whom and how to live for all persons with
disabilities, irrespective of impairment;
(b)
To ensure non-discrimination in accessing housing, including the elements of
both income and accessibility, and adopting mandatory building regulations that permit
new and renovated housing to become accessible;
(c)
To develop a concrete action plan for independent living for persons with
disabilities within the community, including taking steps towards facilitating formal
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