A/72/128 with disabilities. Such displacement and isolation are contrary to the right to housing and other human rights of persons with disabilities. 6. Cultural adequacy 57. Cultural identity and expression are key to self-realization and inclusion in communities for many persons with disabilities. All the components of adequate housing identified above must be understood in the context of the righ t to culturally adequate housing. Accessible housing constructed on the basis of “universal” barrier-free design, for example, must respect diverse cultural identities. 58. States have an obligation to provide housing in a manner that allows persons with disabilities to express their cultural identity and participate meaningfully in the development of culture within their communities. V. Claiming the right to housing of persons with disabilities 59. The significant potential of the disability human rights paradigm to advance the realization of the right to housing has not yet been fully tested in courts. Courts and human rights bodies have been reluctant to engage with the positive obligation of States to address systemic violations of the right to a dequate housing experienced by persons with disabilities. 60. In only one communication considered under the Optional Protocol to the Convention on the Rights of Persons with Disabilities has a violation of article 28 been alleged. In the case of H.M. v. Sweden, a municipality refused to grant an exception to a development plan to allow the claimant to build a hydrotherapy pool required for the treatment of her health condition. Having found that the refusal of reasonable accommodation violated the claimant’s right to non-discrimination, as well as her rights under article 19, the Committee declined to decide whether that denial also violated article 28. 52 It is noteworthy, however, that the Committee extended the remedy beyond the author’s individual circumstances, recommending that the State party ensure that “its legislation and the manner in which it is applied by domestic courts is consistent with the State party’s obligations under the Convention”. 53 This is an example of the manner in which reasonable accommodation claims can give rise to individual as well as systemic and/or legislative remedies. 61. Under its inquiry procedure, the Committee responded to concerns about violations of the right to adequate housing raised by persons with disabilities in th e United Kingdom of Great Britain and Northern Ireland and by the previous mandate holder after her mission. The Committee documented the extremely punitive and damaging effects of austerity measures, including the removal of the spare -room subsidy and a reduction of the housing benefit for working-age social housing tenants. 54 In Scotland, the reform affected 82,000 households, 80 per cent of which were households with adults with disabilities. The Committee concluded that the impact of those measures constituted “grave or systematic violations” of the rights of tenants of social housing with disabilities, including the rights to reasonable accommodation and non-discrimination, to independent living and being included in the community, to an adequate standard of living, including adequate housing, to social protection and to employment. 55 __________________ 52 53 54 55 17-11724 See, for example, communication No. 3/2011, H.M. v. Sweden. Ibid., para. 9. A/HRC/25/54/Add.2, paras. 46-51. CRPD/C/15/R.2/Rev.1, para. 113. 17/23