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A world fit for children 2002, para. 21
- Paragraph text
- We will take all measures to ensure the full and equal enjoyment of all human rights and fundamental freedoms, including equal access to health, education and recreational services, by children with disabilities and children with special needs, to ensure the recognition of their dignity, to promote their self-reliance, and to facilitate their active participation in the community.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2002
Paragraph
A world fit for children 2002, para. 37.10
- Paragraph text
- [To achieve these goals and targets, taking into account the best interests of the child, consistent with national laws, religious and ethical values and cultural backgrounds of the people, and in conformity with all human rights and fundamental freedoms, we will carry out the following strategies and actions:] Strengthen early childhood development by providing appropriate services and support to parents, including parents with disabilities, families, legal guardians and caregivers, especially during pregnancy, birth, infancy and early childhood, so as to ensure children’s physical, psychological, social, spiritual and cognitive development.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2002
Paragraph
A world fit for children 2002, para. 37.17
- Paragraph text
- [To achieve these goals and targets, taking into account the best interests of the child, consistent with national laws, religious and ethical values and cultural backgrounds of the people, and in conformity with all human rights and fundamental freedoms, we will carry out the following strategies and actions:] Ensure effective access by children with disabilities and children with special needs to integrated services, including rehabilitation and health care, and promote family-based care and appropriate support systems for parents, families, legal guardians and caregivers of these children.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2002
Paragraph
Access to justice for people living in poverty 2012, para. 38
- Paragraph text
- Such factors often act as a persuasive deterrent against seeking redress from judicial or adjudicatory mechanisms, or may indeed represent an insurmountable obstacle for the poorest and most marginalized. This is especially so for those who have limited mobility, such as older persons or persons with disabilities, or those for whom travel is more difficult or dangerous, including women and children.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Access to medicines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 2016, para. 11
- Paragraph text
- Decides to convene, at its thirty-fourth session, a panel discussion to exchange views on good practices and key challenges relevant to access to medicines as one of the fundamental elements of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, taking into account all relevant reports, and that the discussion shall be fully accessible to persons with disabilities,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 12
- Paragraph text
- The present report aims to raise awareness and provide guidance to States on how to ensure access to different forms of support for persons with disabilities inclusive of a human rights-based approach.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 14
- Paragraph text
- Support for persons with disabilities encompasses a wide range of formal and informal interventions, including live assistance and intermediaries, mobility aids and assistive devices and technologies. It also includes personal assistance; support in decision-making; communication support, such as sign language interpreters and alternative and augmentative communication; mobility support, such as assistive technology or service animals; living arrangements services for securing housing and household help; and community services. Persons with disabilities may also need support in accessing and using general services, such as health, education and justice.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 17
- Paragraph text
- Persons with disabilities constitute 15 per cent of the world population, approximately one billion people. Many of them require different forms of support, including for basic day-to-day activities such as getting up, bathing, dressing and eating. The sustained ageing of the global population, particularly in high-income countries, has also had a substantial impact on the demand for disability-related support, as older persons tend to be overrepresented in the disability community. Other sociopolitical factors such as conflict and migration increase the demand for support, as support networks tend to fall apart in such situations.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 21
- Paragraph text
- The absence of appropriate support systems increases the risk of segregation and institutionalization. When families do not get the necessary support, there is great pressure to place their family member with a disability in an institution. In addition, service providers in many countries continue to claim that institutions are the best way to support persons with disabilities. Thus, the only way a family can get any support for accessing basic services is by placing their family member in an institution. Both institutionalization and the lack of support within the family put persons with disabilities at risk of neglect, violence and abuse.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 22
- Paragraph text
- States should therefore adopt and implement policies and programmes that enable persons with disabilities to obtain the support they need to participate in decisions affecting their lives and in the life of their communities. The protection and promotion of human rights of persons with disabilities should be at the centre of these policy efforts, rather than focusing on charitable and medical approaches.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 24
- Paragraph text
- Care services also have a legacy of segregation and disempowerment of persons with disabilities. In fact, most services were built under the medical and assistentialist models, which prompted the confinement of persons with disabilities in institutions, leading to the loss of control of their lives and their ultimate objectification. Therefore, for many persons with disabilities the notion of care bears a heavy historical connotation associated with oppression and invalidation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 25
- Paragraph text
- The disability community has challenged the traditional concept of care on the basis of a social understanding of disability. The social model of disability draws attention to the interaction between an individual's perceived or actual impairment - be it physical, sensory, mental or intellectual - and the disabling barriers that hinder people from participating in society. Therefore, it is critical to enable inclusive societies that support persons with disabilities to participate and have the freedom and opportunities to live lives they value. This means replacing the legacy of paternalism, dependency and stigma that exist behind traditional approaches to care with the concept of support as a State obligation arising from human rights, equality and social justice.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 28
- Paragraph text
- Against this background, States must move away from the assistentialist and medical approaches and rethink their policy and practice of care from a human rights perspective. The provision of access to support is essential for the implementation of the Sustainable Development Goals. While the debates on political and social economy of care are receiving increasing attention from activists, researchers, States and international actors, they do not adequately address the rights of persons with disabilities. Discussions on care in the 2030 Agenda for Sustainable Development must be inclusive of persons with disabilities and incorporate a human rights-based approach to disability. The enjoyment by all persons with disabilities of all human rights and fundamental freedoms should be at the centre of any model of support and assistance.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 31
- Paragraph text
- That the core international human rights treaties do not explicitly mention support measures for persons with disabilities does not imply that the obligation did not exist prior to the adoption of the Convention of the Rights of Persons with Disabilities. Support is a human rights obligation arising from various rights, including the right to an adequate standard of living, the right to social protection, the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the right to education. The Committee on Economic, Social and Cultural Rights, in paragraph 33 of its general comment No. 5 (1994) on persons with disabilities, recognized that support and an adequate standard of living are interconnected and that the provision of necessary support services to persons with disabilities, including assistive devices, increases their level of independence in their daily living and to exercise their rights.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 34
- Paragraph text
- Similarly, the right to reasonable accommodation is distinct from, although complementary to, the obligation to provide support. States are required to make all necessary and appropriate modifications or adjustments that do not impose a disproportionate or undue burden to allow persons with disabilities to exercise their rights. Such modifications or adjustments may include support measures tailored to the needs of an individual in a particular case. However, the obligation to ensure access to support is not limited by the qualification of disproportionate or undue burden.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 36
- Paragraph text
- The Convention does not define support, but refers to it in several of its provisions. According to the Committee on the Rights of Persons with Disabilities, "support" is a broad term that encompasses both informal and formal support arrangements, of varying types and intensity. All forms of support should be provided while respecting the general principles of the Convention (art. 3).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 37
- Paragraph text
- Support is a cross-cutting obligation under the Convention. As part of the general obligations provided in article 4, States parties have an obligation to adopt all appropriate measures to implement the rights recognized in the treaty, including the provision of support services when necessary (art. 4 (1) (a)). States must also undertake or promote research and development, and promote the availability and use, of devices and assistive technologies (art. 4 (1) (g)), and provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, and other forms of assistance, support services and facilities (art. 4 (1) (h)).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 40
- Paragraph text
- Many forms of support, such as the support required to exercise legal capacity, are subject to immediate realization. While full realization of other forms of support may be achieved progressively, States have an obligation to take immediate steps to the maximum of their available resources, including those made available through international assistance and cooperation, to ensure support for persons with disabilities, including the adoption of legislative and policy frameworks and budgetary measures.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 45
- Paragraph text
- Older persons with disabilities also have difficulties in accessing support arrangements for daily life, such as personal assistance, assisted living arrangements and palliative care. While families are the most common source of support for older persons with disabilities in most countries, there is an increasing demand for institutional care, especially from family members and other informal supporters of persons with dementia, which is increasing the risk of institutionalization among older persons with disabilities. Importantly, older women with disabilities are more likely to be institutionalized owing to the different life expectancies of men and women. The provision of in-home support services, including personal assistance and help with household chores, can avoid institutionalization and improve the quality of life of older persons by enabling them to stay at home (see A/HRC/30/43, para. 72).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 47
- Paragraph text
- Policies and programmes to ensure access to support should respond to the heterogeneous needs of the diverse disability community, which includes deaf, deafblind and autistic persons, persons with psychosocial and intellectual disabilities and persons with albinism. For example, in Kazakhstan new regulations provide that all blind and deafblind persons are entitled to personal assistance. Nonetheless, while impairment-specific considerations may be necessary to provide targeted support services for specific groups, States should carefully assess whether the adoption of specific measures that benefit certain groups may exclude others.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 49
- Paragraph text
- Appropriate support services and arrangements must be available to all persons with disabilities in sufficient quantity within countries. States should consider establishing a system, under domestic law, to ensure access to a wide range of support measures. This system can be composed of a single scheme or a variety of schemes, both formal and informal. States have a duty to ensure that support is available for persons with disabilities, regardless of whether it is actually provided by public service providers, civil society, families, communities, or a combination of public and private actors. While the support provided by family, friends and the broader community is extremely important and should be encouraged and enabled, it is not always a reliable or sustainable solution in the longer term (see A/HRC/28/37, paras. 35-36).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 50
- Paragraph text
- Support systems should ensure the availability of an adequate number of functioning programmes and services to provide the fullest possible range of support to the diverse population of persons with disabilities, including communication support, support in decision-making, mobility support, personal assistance, living arrangements services and community services. Ensuring the availability of a reliable, skilled and trained workforce, including sign language interpreters, interpreters for the deafblind, personal assistants and other intermediaries, is a critical component of ensuring the availability of support. Assistive devices and technologies for persons with disabilities should also be available.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 52
- Paragraph text
- Support must be affordable for all persons with disabilities. Support services represent a significant cost for persons with disabilities, preventing them from climbing out of poverty. States must ensure that support is available at nominal or no cost to the maximum extent of their available resources, and take into account the gender disparity in income and access to financial resources. Social protection systems can constitute a powerful strategy to facilitate access to support services for persons with disabilities (see A/70/297, para. 9). Qualifying conditions for accessing support must be reasonable, proportionate and transparent, and should not be limited to those persons protected by social insurance schemes. Additionally, States should include the provision of essential assistive devices and technologies in the coverage of national health insurance and/or social protection schemes, on the basis of the World Health Organization priority assistive products list (ibid.). States should also consider waiving import duties and taxes on assistive devices and technologies that are not produced domestically (ibid., para. 48).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 57
- Paragraph text
- States must establish legal and policy frameworks that ensure that support services and arrangements, including assistive technologies, are available, accessible, adequate and affordable. Many national legal frameworks do not include support services at all, or only for the exercise of certain rights (e.g., inclusive education or mobility). Moreover, when legislation does consider these services, States often do not have the appropriate policies and programmes in place to ensure implementation. States should review existing legislation and policies on support to ensure that they are compatible with the requirements of the Convention on the Rights of Persons with Disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 60
- Paragraph text
- Support is usually delivered by a mixture of providers, including State agencies, private organizations, non-profit organizations, charities and families. In high- and middle-income countries, States have traditionally been the main source of formal support, either through their centralized health-care or social protection systems or through local authorities. In many cases, States fund and contract non-profit organizations and private organizations to carry out these interventions. In low-income countries, charities and international non-governmental organizations are the main providers of formal support, often with limited sustainability and low standards of quality. Regardless of the type of service delivery arrangement, States have an obligation to ensure that persons with disabilities have access to and receive quality services and adequate support, including when service provision is delegated to non-profit organizations and private actors. In such cases, States must adopt a comprehensive regulatory and monitoring framework that involves a due diligence obligation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 64
- Paragraph text
- States should promote collaboration and partnerships between public authorities and civil society organizations, including representative organizations of persons with disabilities, in the area of provision of support, particularly at the subnational and operational levels. In this way, support systems can benefit from the outreach capacity of organizations of persons with disabilities, their knowledge of local contexts and their mobilization and advocacy capacity. For instance, in Kenya the Government funds organizations of persons with psychosocial disabilities to run peer support groups in seven counties that facilitate support for decision-making and community living.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 67
- Paragraph text
- The sustainability of support services and arrangements represents a major challenge in both developing and developed countries. Whereas in most low-income countries support is funded and provided mainly by families, charities and international non-governmental organizations, many high- and middle-income countries are reducing their direct public investment in support and are turning to non-profit organizations and community networks to take charge of these services. States usually invoke the scarcity of resources and economic difficulties to justify their failure to provide support services and arrangements to persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 75
- Paragraph text
- There is a diversity of forms of support services and arrangements for persons with disabilities. These include, but are not limited to, the different types of support measures described in the following paragraphs. While the classification is useful for identifying specific obligations and particularities, in practice most forms of support overlap in significant ways.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 77
- Paragraph text
- Since the adoption of the Convention, it is encouraging to note that many countries, including Argentina, Costa Rica, Czechia and Ireland, have revised their legal frameworks to recognize the right of persons with disabilities to access support to exercise legal capacity. In order to uphold a real paradigm shift, the implementation of supported decision-making systems must be accompanied by the abolishment of all substitute decision-making regimes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 80
- Paragraph text
- A variety of persons with disabilities may require support to ensure their personal mobility with the greatest possible independence, including through mobility aids, devices and assistive technologies and forms of live assistance and intermediaries. In particular, persons with disabilities who live in rural and remote areas face significant challenges in accessing different forms of mobility support, which significantly limits their access to such basic services as health care and education.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph