CRPD/C/GC/5 supports for independent living within the community so that informal support by, for example, families is not the only option; (d) To develop, implement, monitor and sanction non-compliance with legislation, plans and guidance on accessibility requirements for basic mainstream services to achieve societal equality, including participation by persons with disabilities within social media, and secure adequate competence in information and communications technologies to ensure that such technologies are developed, including on the basis of universal design, and protected; (e) To develop a concrete action plan and take steps towards developing and implementing basic, personalized, non-shared and rights-based disability-specific support services and other forms of services; (f) To ensure non-retrogression in achieving the content of article 19 unless any such measures have been duly justified and are in accordance with international law; (g) To collect consistent quantitative and qualitative data on people with disabilities, including those still living in institutions; (h) To use any available funding, including regional funding and funding for development cooperation, to develop inclusive and accessible independent living services. III. Obligations of States parties 39. The obligations of States parties must reflect the nature of human rights as either absolute and immediately applicable (civil and political rights) or progressively applicable (economic, social and cultural rights). Article 19 (a), the right to choose one’s residence and where, how and with whom to live, is immediately applicable as it is a civil and political right. Article 19 (b), the right to access individualized, assessed support services, is an economic, social and cultural right. Article 19 (c), the right to access service facilities, is an economic, social and cultural right, as many mainstream services, such as accessible information and communications technologies, websites, social media, cinemas, public parks, theatres and sports facilities, serve both social and cultural purposes. Progressive realization entails the immediate obligation to design and adopt concrete strategies, plans of action and resources to develop support services as well as making existing, as well as new, general services inclusive for persons with disabilities. 40. The obligation to respect does not only have a negative aspect; its positive aspect requires States parties to take all necessary measures to ensure that no rights enshrined in article 19 are violated by the State or by private entities. 41. In order to achieve the progressive realization of economic, social and cultural rights, States parties must take steps to the maximum of their available resources. 5 These steps must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete, targeted and use all appropriate means. 6 The systematic realization of the right to independent living in the community requires structural changes. In particular, this applies to deinstitutionalization in all its forms. 42. States parties have the immediate obligation to enter into strategic planning, with adequate time frames and resourcing, in close and respectful consultation with representative organizations of persons with disabilities, to replace any institutionalized settings with independent living support services. The margin of appreciation of States parties is related to the programmatic implementation, but not to the question of replacement. States parties should develop transitional plans in direct consultation with persons with disabilities, through their representative organizations, in order to ensure full inclusion of persons with disabilities in the community. 5 6 See article 2 (1) of the International Covenant on Economic, Social and Cultural Rights and article 4 (2) of the Convention on the Rights of Persons with Disabilities. See Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 2. 9