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Article 19 - Living independently and being included in the community
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Working Group
Draft Article 15
LIVING INDEPENDENTLY51 AND BEING INCLUDED IN THE COMMUNITY
• 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:
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; 52
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;53
d. community services for the general population are available on an equal basis
to persons with disabilities and are responsive to their needs;
e. persons with disabilities have access to information about available support
services.
Footnotes:
51. Some members of the Working Group expressed
the concern that the words "living independently" in the title and
chapeau of this draft Article does not reflect the cultural norm in many countries,
and that the words might suggest that persons with disabilities should be separated
from their families. The Ad Hoc Committee may wish to consider an alternative
formulation.
52. Some members of the Working Group, while
accepting the principle, thought that States Parties would find it impossible
to guarantee this obligation without exception. Other members considered that
the sub-paragraph was redundant, as the issue was covered in sub-paragraph 1(a).
53. Some members of the Working Group considered
that it would be difficult for States Parties to ensure the availability of
the services described in paragraphs 1(c) and (d), and in particular the undertaking
in paragraph 1(c) to provide personal assistance.