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Article 15 : Living and Being Included in the Community

Information Sheet

Prepared by the International Disability Caucus

Institutionalization undermines human rights:

Too often, institutions are the only option offered to people with disabilities as a place to live. Institutions are places where some of the gravest human rights violations take place for the following reasons :

• A person cannot decide where to live, with whom to room, what and when to eat, or when and how to come and go
• A person loses individuality and becomes part of a system that they have no control over
• A person does not leave the institution to go to the doctor, the barber, school or work; everything happens inside the institution
• A person seldom sees their family
• Because everything takes place inside an institution and away from the public eye, a person is more vulnerable to sexual, physical and/or emotional abuse

In effect a person living in an institution is isolated from the community in a setting where self determination cannot be exercised.

The right to live in the community - for every person

 Frequently, the need for support or assistance is used to argue that placement in an institution is necessary, or that the person is ineligible to live in the community in the living arrangement of their choice.

The Convention should correct this misconception, and determine that:

• Every person has the right to be included in the community, regardless of his or her need for support; and, linked with that –
• Every person has the right to receive the assistance to enable them to live in the community – including personal assistance and peer support, and access to information regarding such support services.
• Every person is entitled to determine and direct the support they need. In no case shall support be imposed against the person’s will.

As in other articles, there is no “one size fits all formula” for type and level of assistance required. For some, monthly peer support sessions would suffice; for others, daily support may be required. All assistance, services and supports should be provided in a manner that strengthens the autonomy, individuality and dignity of the person with a disability.