CRPD/C/GC/5
(h)
Lack of available, acceptable, affordable, accessible and adaptable services
and facilities, such as transport, health care, schools, public spaces, housing, theatres,
cinemas, goods and services and public buildings;
(i)
Lack of adequate monitoring mechanisms for ensuring the appropriate
implementation of article 19, including the participation of representative organizations of
persons with disabilities;
(j)
Insufficient mainstreaming of disability in general budget allocations;
(k)
Inappropriate decentralization, resulting in disparities between local
authorities and unequal chances of living independently within the community in a State
party.
II. Normative content of article 19
A.
Definitions
16.
In the present general comment the following definitions apply:
(a)
Independent living. Independent living/living independently means that
individuals with disabilities are provided with all necessary means to enable them to
exercise choice and control over their lives and make all decisions concerning their lives.
Personal autonomy and self-determination are fundamental to independent living, including
access to transport, information, communication and personal assistance, place of residence,
daily routine, habits, decent employment, personal relationships, clothing, nutrition,
hygiene and health care, religious activities, cultural activities and sexual and reproductive
rights. These activities are linked to the development of a person’s identity and personality:
where we live and with whom, what we eat, whether we like to sleep in or go to bed late at
night, be inside or outdoors, have a tablecloth and candles on the table, have pets or listen
to music. Such actions and decisions constitute who we are. Independent living is an
essential part of the individual’s autonomy and freedom and does not necessarily mean
living alone. It should also not be interpreted solely as the ability to carry out daily
activities by oneself. Rather, it should be regarded as the freedom to choose and control, in
line with the respect for inherent dignity and individual autonomy as enshrined in article 3
(a) of the Convention. Independence as a form of personal autonomy means that the person
with disability is not deprived of the opportunity of choice and control regarding personal
lifestyle and daily activities;
(b)
Being included in the community. The right to be included in the
community relates to the principle of full and effective inclusion and participation in
society as enshrined in, among others, article 3 (c) of the Convention. It includes living a
full social life and having access to all services offered to the public and to support services
offered to persons with disabilities to enable them to be fully included and participate in all
spheres of social life. These services can relate, among others, to housing, transport,
shopping, education, employment, recreational activities and all other facilities and services
offered to the public, including social media. The right also includes having access to all
measures and events of political and cultural life in the community, among others, public
meetings, sports events, cultural and religious festivals and any other activity in which the
person with disability wishes to participate;
(c)
Independent living arrangements. Both independent living and being
included in the community refer to life settings outside residential institutions of all kinds.
It is not “just” about living in a particular building or setting; it is, first and foremost, about
not losing personal choice and autonomy as a result of the imposition of certain life and
living arrangements. Neither large-scale institutions with more than a hundred residents nor
smaller group homes with five to eight individuals, nor even individual homes can be called
independent living arrangements if they have other defining elements of institutions or
institutionalization. Although institutionalized settings can differ in size, name and set-up,
there are certain defining elements, such as obligatory sharing of assistants with others and
no or limited influence over whom one has to accept assistance from; isolation and
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