The UNCRPD [1] sets a whole range of rights of
people with disabilities and requires from state parties to take measures to
implement the rights in everyday life of people with disabilities. The optional protocol to the convention, also
signed by Macedonia, gives the users bases for taking legal procedures if the
rights from the convention are not respected.
It is the first time that a
convention directly sets independent living in the community as a human rights.
The article 19 states:
Living independently and being included in the community
States Parties to the present Convention recognize the equal right of
all persons with disabilities to live in the community, with choices equal to
others, and shall take effective and appropriate measures to facilitate full
enjoyment by persons with disabilities of this right and their full inclusion
and participation in the community, including by ensuring that:
(a) Persons with disabilities have the opportunity to choose their place
of residence and where and with whom they live on an equal basis with others
and are not obliged to live in a particular living arrangement;
(b) Persons with disabilities have access to a range of in-home,
residential and other community support services, including personal assistance
necessary to support living and inclusion in the community, and to prevent
isolation or segregation from the community;
(c) Community services and facilities for the general population are
available on an equal basis to persons with disabilities and are responsive to
their needs.
The article recognizes the right to
choose the place of residency and people they want to live with. Institutions
are exactly the opposite of that, they force people to live in environments
they have not chosen and with people, they do not know or did not choose to
live with. The article also requires the development of community services for
everyone with disabilities – no matter
how complex or intensive their needs are. An important feature is that the
article does not focus only on nursing needs of people but defines independent
living as inclusive and integrated community life. Therefore, not only
supportive services should be developed but also mainstream services should be
accessible and tailored to people with disabilities.
In order for people with
disabilities to enjoy and exercise their human rights from the UNCRPD
deinstitutionalisation is a necessity. “The Committee on the Rights of Persons with Disabilities
has noted advancements in the past decade implementing article 19. However, the
Committee observes a gap between the goals and spirit of article 19 and the
scope of its implementation. Some of the remaining barriers are the following:
a) Denial of legal capacity, either through formal laws and practices or de facto by substitute decision-making about living arrangements;
b) Inadequacy of social support and protection schemes for ensuring living independently within the community;
c) Inadequacy of legal frameworks and budget allocations aimed at providing personal assistance and individualized support;
d) Physical and regulatory institutionalization, including of children and forced treatment in all its forms;
e) Lack of deinstitutionalization strategies and plans and continued investments into institutional care settings;
f) Negative attitudes, stigma and stereotypes preventing persons with disabilities from being included in the community and accessing available assistance;
g) Misconceptions about the right to living independently within the community;
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; and
k) Inappropriate decentralization, resulting in disparities between local authorities and unequal chances of living independently within the community in a State party. (UN 2017: 3-4)"
One of the main issues with the convention
is that too often we remain just on the declarative level. A strategy with a
strong implementation plan should be striving to firstly implement the rights
recognized by the UNCPRD and simultaneously address all the recommendations and
observations of the committee. The
list recommendations of the UN Committee reads almost as the programme for DI
outlined in the Common European Guidelines. Both point out that things must be
done and conditions changed in order for people with disabilities to attain
their rights and have a chance to live in the community like most of the people
do. Deinstitutionalisation is a positive programme to address the deficits in
social, political and legal arrangements that the recommendations list.
References:
United Nations Convention on the Rights of Persons with Disabilities (2007) [On line] Available at:
http://www.un.org/disabilities/convention/conventionfull.shtml
United Nations (2017)
General comment on article 19:
Living independently and being included in the community. Committee on
the Rights of Persons with Disabilities Eighteenth session 14-31 August
2017 CRPD/C/18/1
[1] This blog is intentended as a part of Situation Analysis and
Assessment/ Evaluation Report of Implementation of National Strategy on
Deinstitutionalisation 2008-2018 which will be soon presented to the public
within the EU framework project Technical assistance support for the
deinstitutionalization process in social sector. For this blog Andreja Rafaelič
is considered to be co-author.
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