A/72/128
ignoring the needs of persons with disabilities. It affirms that dignity, autonomy,
independence and participation rely on not only freedom from institutionalization
and State control but also positive measures by Governments to support the right to
live in the community as one chooses.
4.
The incorporation of the human rights-based approach to disability into the
understanding of the right to adequate housing is a work in progress. In the
formative years of international human rights development, persons with disabilities
were often invisible and their right to adequate housing often neglected. Disability
was not listed as a ground of discrimination in the Universal Declaration on Human
Rights, the International Covenant on Economic, Social and Cultural Rights or the
International Covenant on Civil and Political Rights. Disability began to receive
more attention during the International Year of Disabled Persons in 1981 and the
United Nations Decade of Disabled Persons (1983-1992), but a normative
framework was not developed until 1993, when the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities were adopted by the
General Assembly.
5.
In 1994, the Committee on Economic, Social and Cultural Rights made an
important advance with the adoption of general comment No. 5 (1994) on persons
with disabilities. The Committee noted that an estimated 70 per cent of persons with
disabilities worldwide lacked access to the services that they required and that
“there is no country in which a major policy and programme effort is n ot required”. 4
It emphasized that States were required “to take positive action to reduce structural
disadvantage … in order to achieve the objectives of full participation and equality
within society for all persons with disabilities” and that that includ ed the right to
support services for living in the community and to housing that was accessible,
with additional resources made available. 5
6.
The negotiation of the Convention on the Rights of Persons with Disabilities,
however, brought about a transformative approach to disability, placing the
economic, social and cultural rights and the civil and political rights of persons with
disabilities within a unified framework. In the Convention, the right to adequate
housing is recognized on an equal basis without discrimination, including through
the provision of reasonable accommodation. Furthermore, a substantive right to
adequate housing for persons with disabilities is affirmed outside an “equal
enjoyment” framework and without comparison to the mainstream population. It is
thus recognized in the Convention that the right to adequate housing has a particular
meaning for persons with disabilities and imposes distinct obligations upon States.
7.
In the light of the extreme conditions of inadequate housing,
institutionalization and homelessness experienced by persons with disabilities
around the world and the commitment made by States in the 2030 Agenda for
Sustainable Development to ensure access to adequate and affordable housing by
2030, the Special Rapporteur considers the incorporation of the disability human
rights paradigm into the right to adequate housing to be a matter of the highest
priority for States and the international community.
__________________
4
5
17-11724
Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994) on persons
with disabilities, para. 8.
Ibid., para. 9.
5/23
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