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Article 19 [Living Independently and Being Included in the Community]

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The United Nations Convention on the Rights of Persons with Disabilities

Abstract

Article 19 turns into normative terms one of the most fundamental objectives of the CRPD: full inclusion and effective participation in society of persons with disabilities, to be achieved by respecting their freedom of choice and the principle of control by them over their own lives. States Parties to the Convention have the obligation to provide legal recognition of the right of persons with disabilities to community living by including it in their national legislation. States Parties are also under an obligation to adopt effective measures aimed at ensuring free choice of residence for persons with disabilities and prohibiting forced institutionalization, providing individualized support services, and ensuring accessibility to mainstream community services. The monitoring activity carried out by the CRPD Committee reveals that the most problematic issues in the implementation of Article 19 concern deinstitutionalization, and development of community support services.

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Notes

  1. 1.

    See www.un.org/esa/socdev/enable/rights/wgcontrib-char1.htm. Accessed 15 November, 2015.

  2. 2.

    See A/AC.265/2004/WG/1, Annex I. Final text compiled as adopted (CRP.4, plus CRP.4/Add.1, Add.2, Add.4 and Add.5).

  3. 3.

    Report of the Working Group to the Ad Hoc Committee, A/AC.265/2004/WG.1, p. 20, footnote 52.

  4. 4.

    Ibid., footnote 51.

  5. 5.

    Fourth Session, Daily summary, volume 5, #5, August 27, 2004.

  6. 6.

    Fourth Session, Proposed Modifications to Draft Article 15, Israel.

  7. 7.

    Seventh Session, Daily summary, volume 8, #5, January 20, 2006.

  8. 8.

    Fourth Session, Daily summary, volume 5, #5, August 27, 2004.

  9. 9.

    In this sense many delegations during the Seventh Session; see Seventh Session, Daily summary, volume 8, #5, January 20, 2006, in particular the Statement of the Chair, summarizing the discussion on the Article.

  10. 10.

    See, for example, Disability Caucus in Fourth Session, Daily summary, volume 5, #5, August 27, 2004.

  11. 11.

    Australian Federation of Disability Organizations, ibid.

  12. 12.

    Bizchut—Israeli Human Right Center for People with Disabilities, ibid.

  13. 13.

    Inclusion International (2012), ibid.

  14. 14.

    See in this respect the Report of the Ad Hoc Committee on its Sixth Session, August 2005, Discussion of draft articles, Draft article 15.

  15. 15.

    See Fourth Session of the Ad Hoc Committee, Contributions submitted by Governments, Proposed Modifications to Draft Article 15, European Union.

  16. 16.

    Fourth Session of the Ad Hoc Committee, Daily summary, Vol. 5, #5, August 27, 2004, and Contributions submitted by Governments, Proposed Modifications to Draft Article 15, New Zealand.

  17. 17.

    Office for Europe of the UN High Commissioner for Human Rights (2012), p. 26.

  18. 18.

    Oliver (1989), pp. 83–84.

  19. 19.

    See Article 3 [General Principles] in this Commentary.

  20. 20.

    See Article 12 [Equal Recognition Before the Law] in this Commentary.

  21. 21.

    See Article 3 [General Principles] in this Commentary.

  22. 22.

    Office for Europe of the UN High Commissioner for Human Rights (2012), p. 26.

  23. 23.

    OHCHR (2014), para. 13.

  24. 24.

    Council of Europe Commissioner for Human Rights (2012), p. 11. For some comments on the general issues and features of Article 19, see Schulze (2010), pp. 113–116 and Zambrano (2010), pp. 239–251.

  25. 25.

    OHCHR (2014), p. 4.

  26. 26.

    The text of Article 15 of the Revised European Social Charter is the following: “With a view to ensuring to persons with disabilities, irrespective of age and the nature and origin of their disabilities, the effective exercise of the right to independence , social integration and participation in the life of the community, the Parties undertake, in particular: 1) to take the necessary measures to provide persons with disabilities with guidance, education and vocational training in the framework of general schemes wherever possible or, where this is not possible, through specialised bodies, public or private; 2) to promote their access to employment through all measures tending to encourage employers to hire and keep in employment persons with disabilities in the ordinary working environment and to adjust the working conditions to the needs of the disabled or, where this is not possible by reason of the disability, by arranging for or creating sheltered employment according to the level of disability. In certain cases, such measures may require recourse to specialised placement and support services; 3) to promote their full social integration and participation in the life of the community in particular through measures, including technical aids, aiming to overcome barriers to communication and mobility and enabling access to transport, housing, cultural activities and leisure.”

  27. 27.

    OHCHR (2009), para. 51.

  28. 28.

    See Article 4 [General Obligations] in this Commentary.

  29. 29.

    CESCR, General Comment No. 5: Persons with Disabilities, E/1995/22, 9 December 1994.

  30. 30.

    Office for Europe of the UN High Commissioner for Human Rights (2012), p. 19. On the issue of State policies for implementing the right of persons with disabilities to community living, and the monitoring of such policies, see Academic Network of European Disability Experts (ANED) (2009) and Parker (2011).

  31. 31.

    European Committee of Social Rights, Decision 13/2002 of 7 November 2003, Autism-Europe v. France, para. 34.

  32. 32.

    See Article 12 [Equal Recognition Before the Law] in this Commentary.

  33. 33.

    European Coalition for Community Living (2009), p. 10.

  34. 34.

    OHCHR (2014), para. 21. On the problem of institutionalization of persons with disabilities, from the standpoint of human rights, see Parker (2010).

  35. 35.

    See Article 14 [Liberty and Security of Person] in this Commentary. In this regard, it is worth stressing that the Grand Chamber of the European Court of Human Rights has recently found a violation of Article 5 of the ECHR (which sets out the parameters of the right to liberty) in relation to someone living in a social care institution (Stanev v. Bulgaria, Application No. 36760/06, judgment 17 January 2012). “The applicant, Rusi Stanev, had been institutionalised for nine years. The distance and isolation from the community he experienced, the institution’s regimented daily schedule, the rules on leave of absence, the lack of choice in everyday matters, and the lack of opportunity to develop meaningful relationships, as well as the fact that Mr Stanev had been deprived of legal capacity, were all factors that led the Court to find a violation of the right to liberty within the meaning of Article 5 of the ECHR”; see Council of Europe Commissioner for Human Rights (2012), p. 22.

  36. 36.

    See the Statement of the Committee on the Rights of Persons with Disabilities on article 14, issued at the 12th Session of the Committee (CRPD/C/12/2, p. 14). In that respect, one should also recall the famous decision of the US Supreme Court in Olmstead v. L.C., U.S. 581 (1999), where the Court held that institutionalization for inmates in a State care center who could function living independently and in a community setting was in itself a form of discrimination and a violation of Title II of the Americans with Disabilities Act, 1990.

  37. 37.

    OHCHR (2014), para. 25. On the outcomes and costs of the process of deinstitutionalization, see Mansell et al. (2007).

  38. 38.

    Council of Europe Commissioner for Human Rights (2012), p. 30.

  39. 39.

    OHCHR (2014), para. 30.

  40. 40.

    CRPD Committee, Communication No. 3/2011, H.M. v. Sweden, Views adopted on 19 April 2012, para. 8.9.

  41. 41.

    Office for Europe of the UN High Commissioner for Human Rights (2012), p. 29.

  42. 42.

    OHCHR (2014), para. 38.

  43. 43.

    Council of Europe Commissioner for Human Rights (2012), p. 32.

  44. 44.

    See Articles 5 [Equality and Non-Discrimination], 9 [Accessibility], 20 [Personal Mobility], 21 [Freedom of Expression and Opinion, and Access to Information], 24 [Education], 25 [Health], 27 [Work and Employment], 28 [Adequate Standard of Living and Social Protection], and 30 [Participation in Cultural Life, Recreation, Leisure and Sport], in this Commentary.

  45. 45.

    See Article 4 [General Obligations] in this Commentary.

  46. 46.

    Council of Europe Commissioner for Human Rights (2012), pp. 32–33.

  47. 47.

    See, for example, CRPD Committee, Concluding observations on Australia, CRPD/C/AUS/CO/1, 2013, para. 42; Azerbaijan, CRPD/C/AZE/CO/1, 2014, para. 33; Belgium, CRPD/C/BEL/CO/1, 2014, para. 33; Costa Rica, CRPD/C/CRI/CO/1, 2014, para. 40; Croatia, CRPD/C/HRV/CO/1, 2015, paras. 29–30; El Salvador, CRPD/C/SLV/CO/1, 2013, para. 42; Germany, CRPD/C/DEU/CO/1, 2015, para. 42.

  48. 48.

    CRPD Committee, Concluding observations on Czech Republic, CRPD/C/CZE/CO/1, 2015, para. 40; see, similarly, Concluding observations on Paraguay, CRPD/C/PRY/CO/1, 2013, para. 48, and Turkmenistan, CRPD/C/TKM/CO/1, 2015, para. 34.

  49. 49.

    CRPD Committee, Concluding observations on Hungary, CRPD/C/HUN/CO/1, 2012, para. 33.

  50. 50.

    CRPD Committee, Concluding observations on Denmark, CRPD/C/DNK/CO/1, 2014, para. 43.

  51. 51.

    CRPD Committee, Concluding observations on Austria, CRPD/C/AUT/CO/1, 2013, para. 36.

  52. 52.

    CRPD Committee, Concluding observations on China, CRPD/C/CHN/CO/1, 2012, para. 32.

  53. 53.

    See, for example, CRPD Committee, Concluding observations on Argentina, CRPD/C/ARG/CO/1, 2012, para. 34; Belgium, CRPD/C/BEL/CO/1, 2014, para. 33; Costa Rica, CRPD/C/CRI/CO/1, 2014, para. 40; Czech Republic, CRPD/C/CZE/CO/1, 2015, para. 39, Germany, CRPD/C/DEU/CO/1, 2015, para. 41.

  54. 54.

    CRPD Committee, Concluding observations on Austria, CRPD/C/AUT/CO/1, 2013, para. 39; Korea, CRPD/C/KOR/CO/1, 2014, para. 40; Sweden, CRPD/C/SWE/CO/1, 2014, para. 44.

  55. 55.

    CRPD Committee, Concluding observations on Spain, CRPD/C/ESP/CO/1, 2011, paras. 39–41.

  56. 56.

    CRPD Committee, Concluding observations on Belgium, CRPD/C/BEL/CO/1, 2014, para 33. See also the Concluding observations on China, CRPD/C/CHN/CO/1, 2012, para. 32; Mongolia, CRPD/C/MNG/CO/1, 2015, para. 32, and Turkmenistan, CRPD/C/TKM/CO/1, 2015, para. 34.

  57. 57.

    See, CRPD Committee, Concluding observations on El Salvador, CRPD/C/SLV/CO/1, 2013, para. 41, and Croatia, CRPD/C/HRV/CO/1, 2005, paras. 29–30.

Table of Cases

  • CRPD Committee 19.04.2012, Communication No. 3/2011, HM v Sweden, CRPD/C/12/D/5/2011

    Google Scholar 

  • ECSR 07.11.2003, Complaint No. 13/2002, Autism-Europe v France

    Google Scholar 

  • ECtHR 17.01.2012, Application No. 36760/06, Stanev v Bulgaria, (2012) ECHR 46

    Google Scholar 

  • US Supreme Court 22.96.1999, Olmstead v LC, U.S. 581 (1999)

    Google Scholar 

References

  • Academic Network of European Disability Experts (ANED) (2009) (amended January 2010) The implementation of policies supporting independent living for disabled people in Europe: a synthesis report. Human European Consultancy, University of Leeds

    Google Scholar 

  • Council of Europe Commissioner for Human Rights (2012) The right of people with disabilities to live independently and be included in the community. Council of Europe Publishing, Strasbourg

    Google Scholar 

  • European Coalition for Community Living (2009) Focus on Article 19 of the UN Convention on the Rights of Persons with Disabilities. European Coalition for Community Living, London

    Google Scholar 

  • Inclusion International (2012) Inclusive communities = stronger communities. Global report on Article 19: the right to live and be included in the community. Inclusion International, London

    Google Scholar 

  • Mansell J, Knapp M, Beadle-Brown J, Beecham J (2007) Deinstitutionalisation and community living – outcomes and costs: report of a European Study, vol 2: main report. Tizard Centre, University of Kent, Canterbury

    Google Scholar 

  • Office for Europe of the UN High Commissioner for Human Rights (2012) Getting a life – living independently and being included in the community. http://cms.horus.be/files/99909/MediaArchive/pdf/Getting_a_Life_art_19_CRPD_and_EU_Structural_Funds.pdf. Accessed 15 Nov 2015

  • OHCHR (2009) Thematic Study by the Office of the United Nations High Commissioner for Human Rights on enhancing awareness and understanding of the Convention on the Rights of Persons with Disabilities, A/HRC/10/48

    Google Scholar 

  • OHCHR (2014) Thematic study on the right of persons with disabilities to live independently and be included in the community, A/HRC/28/37

    Google Scholar 

  • Oliver M (1989) Disability and dependency: a creation of industrialised societies. In: Barton L (ed) Disability and dependency. Falmer Press, London, pp 6–22

    Google Scholar 

  • Parker C (2010) Forgotten Europeans, forgotten rights – the human rights of persons placed in institutions. OHCHR, Regional Office Europe

    Google Scholar 

  • Parker C (2011) A community for all: implementing Article 19 - a guide for monitoring progress on the implementation of Article 19 of the Convention on the Rights of Persons with Disabilities. Open Society Foundations, Open Society Institute Mental Health Initiative, New York/Budapest

    Google Scholar 

  • Schulze M (2010) Understanding the UN Convention on the Rights of Persons with Disabilities, 2nd edn. Handicap International, pp 113–116. http://www.handicap-international.fr/fileadmin/documents/publications/HICRPDManual.pdf. Accessed 15 Nov 2015

  • Zambrano V (2010) Articolo 19: Vita indipendente e inclusione nella società. In: Marchisio S, Cera R, Della Fina V (eds) La Convenzione delle Nazioni Unite sui diritti delle persone con disabilità. Commentario. Aracne, Roma, pp 239–251

    Google Scholar 

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  1. Institute for International Legal Studies (ISGI), National Research Council (CNR), Rome, Italy

    Giuseppe Palmisano

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  1. Institute for International Legal Studies, National Research Council (CNR), Rome, Italy

    Valentina Della Fina

  2. Institute for International Legal Studies, National Research Council (CNR), Rome, Italy

    Rachele Cera

  3. Institute for International Legal Studies, National Research Council (CNR), Rome, Italy

    Giuseppe Palmisano

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Palmisano, G. (2017). Article 19 [Living Independently and Being Included in the Community]. In: Della Fina, V., Cera, R., Palmisano, G. (eds) The United Nations Convention on the Rights of Persons with Disabilities. Springer, Cham. https://doi.org/10.1007/978-3-319-43790-3_23

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