CRPD/C/GC/5
permanently deprived of his or her family environment, or in whose own best interests
cannot be allowed to remain in that environment, shall be entitled to special protection and
assistance provided by the State”, and article 20 (2) that “States parties shall in accordance
with their national laws ensure alternative care for such a child”. Alternative care provided
on the grounds of disability would be discriminatory.
12.
Article 23 (1) further establishes that all children with disabilities should enjoy a life
in dignity in conditions which ensure self-reliance and facilitate active participation in the
community. The Committee on the Rights of the Child has expressed its concern at the high
number of children with disabilities placed in institutions and urged States parties, through
deinstitutionalization programmes, to support their ability to live in their family, extended
family or foster care.3
13.
Equality and non-discrimination are fundamental principles of international human
rights law and enshrined in all core human rights instruments. In its general comment No. 5
(1994) on persons with disabilities, the Committee on Economic, Social and Cultural
Rights highlights that “segregation and isolation achieved through the imposition of social
barriers” count as discrimination. It also stresses in relation to article 11 that the right to an
adequate standard of living not only includes having equal access to adequate food,
accessible housing and other basic material requirements, but also the availability of
support services and assistive devices and technologies fully respecting the human rights of
persons with disabilities.
14.
Article 19 and the content of the present general comment must also guide and
support the implementation of the New Urban Agenda adopted by the United Nations
Conference on Housing and Sustainable Urban Development (Habitat III) as an integral
part of 2030 Agenda for Sustainable Development and the Sustainable Development Goals.
The New Urban Agenda advocates a vision of cities and human settlements where all
persons can enjoy equal rights and opportunities by promoting inclusive, just, safe, healthy,
accessible, affordable, resilient and sustainable cities and human settlements. In connection
with article 19 of the Convention, Sustainable Development Goal target 10.2,
empowerment and promotion of social, economic and political inclusion for all, and target
11.1, ensuring access to adequate, safe and affordable housing and affordable services for
all, are of special importance.
15.
The Committee on the Rights of Persons with Disabilities has noted advancements
in implementing article 19 in the last decade. However, the Committee observes a gap
between the goals and spirit of article 19 and the scope of its implementation. Some of the
remaining barriers are the following:
(a)
Denial of legal capacity, either through formal laws and practices or de facto
by substitute decision-making about living arrangements;
(b)
Inadequacy of social support and protection schemes for ensuring living
independently within the community;
(c)
Inadequacy of legal frameworks and budget allocations aimed at providing
personal assistance and individualized support;
(d)
Physical and regulatory institutionalization, including of children and forced
treatment in all its forms;
(e)
Lack of deinstitutionalization strategies and plans and continued investments
in institutional care settings;
(f)
Negative attitudes, stigma and stereotypes preventing persons with
disabilities from being included in the community and accessing available assistance;
(g)
3
Misconceptions about the right to living independently within the community;
See Committee on the Rights of the Child, general comment No. 9 (2006) on the rights of children
with disabilities, para. 47.
3