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Article 19 - Living independently and being included in the community
Background Documents | Article 19 Background
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Fifth Session
Governments
Non-governmental organizations
Governments
EUROPEAN UNION
Proposed Modifications
to Draft Article 15
LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY
1. States Parties to this Convention shall take effective and appropriate measures
to enable persons with disabilities to live independently and be fully included
in the community, including by ensuring that:
EU Proposal: The EU suggests the following rewording: “States Parties shall
take appropriate measures to facilitate persons with disabilities to live independently
and be fully included as members of the community, including measures aimed
at ensuring that:”
(a) persons with disabilities have the equal opportunity to choose their place
of residence and living arrangements;
(b) persons with disabilities are not obliged to live in an institution or in
a particular living arrangement
EU Proposal: Insert "Save as provided in Article 10" at end
of (b)
(c) that 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;
EU Proposal: Delete (c) and replace by new paragraph 2 as below
(d) community services for the general population are available on an equal
basis to persons with disabilities and are responsive to their needs;
EU Proposal: The EU suggests replacing “on an equal basis” with “without
discrimination”.
(e) persons with disabilities have access to information about available support
services;
EU Proposal: EU suggests the inclusion of a new Article 15 (2) as follows:
“States Parties shall also take appropriate measures to promote the provision
of life assistance in order to enable persons with disabilities to live independently”.
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS
Draft Article 15
LIVING AND BEING INCLUDED IN THE COMMUNITY
1. States Parties shall reaffirm the rights of persons with disabilities to
liberty of movement, to live in the community, and the freedom to choose his
or her residence. States Parties shall ensure that persons with disabilities
have equal opportunity to determine how, where and with whom they live.
2. States Parties shall take effective and appropriate measures to enable persons
with disabilities to live and to be fully included as members of the community.
States Parties shall take measures to ensure that:
(a) persons with disabilities are not obliged to live in an institution or in
a particular living arrangement;
(b) community services and facilities for the general population, including
government housing, are available on an equal basis to persons with disabilities
and are responsive to their needs.
3. States Parties shall take appropriate measures to ensure the provision of
services, including personal assistance, necessary to support persons with disabilities
to live and participate in the community with choices equal to others, and to
prevent isolation or segregation from the community. In particular States Parties
shall ensure that:
(a) Persons with disabilities have access to information about community services,
including support services.
(b) Supports are provided in a manner that recognizes the autonomy, individuality
and dignity of persons with disabilities
(c) The support provided is consistent with the right to liberty of movement,
to live in the community, and the freedom to choose his or her residence.
(d) Persons with disabilities have access to needed aids, devices and adaptations.
4. States Parties shall take all appropriate and effective measures to ensure
the equal right of persons with disabilities to opportunities for economic development
and financial independence including to rent, own or inherit property, to control
their own financial affairs, and to have equal access to bank loans, mortgage
and other forms of financial credit.
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