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implementation. 68 In other cases, policies may extend to provide support to
accommodate physical impairments with respect to housing, but not psychosocial
and intellectual disabilities.
70. Information provided by States to the Special Rapporteur for the present report
indicates that progress is being made. Mexico reports that its Federal Law for the
Inclusion of Persons with Disabilities of 2011 and its regulation of 2012 explicitly
provide for the right to dignified housing (art. 18). The legislation also establishes
the right to universal accessibility and housing (art. 16) and is complemented by
initiatives and programmes that provide subsidies and lines of credit to make
physical alterations to houses to enhance living conditions for persons with
disabilities. 69
71. The Constitution of Kenya of 2010 prohibits discrimination on the ground of
disability, affirms a right to reasonable access to all places, including the built
environment and housing, and provides for the right to accessible and adequate
housing. In the national disability policy of Kenya, it is recognized that ownership
of land, housing and property is a fundamental human right of persons with
disabilities, essential to security, self-reliance and livelihood. Through the policy, it
is sought to eliminate barriers to acquiring and owning land, housing and property,
such as high costs and societal prejudices against the ownership and inheritance of
land by persons with disabilities. In all housing schemes, it is required to reserve at
least 5 per cent of accessible houses for persons with disabilities, and accessible
design standards are applied. In addition, inclusive financial and credit services
targeting persons with disabilities are promoted.
72. Under the National Disability Council Act of 2004 of Namibia, a council is
established to monitor the implementation of a national policy on disability,
including ensuring adequate allowances and pensions for persons with disabilities
and developing and providing accessible housing through public schemes. 70
73. Under the Persons with Disabilities Act (2012) of Zambia, an agency is
established that coordinates consultation with organizations of persons with
disabilities, State institutions and other civil society actors to integrate a disability
perspective into national policies, plans and decision-making sectors, and that can
make representations on behalf of or provide legal assistance to persons with
disabilities in proceedings relating to the rights of per sons with disabilities
(art. 20 (2) (e)).
74. Finland reported that its framework for advancing the right to housing for
persons with disabilities included: the constitutional protection of the right to
housing; the provision of supportive housing and community-based support with a
commitment to self-determination in the use of forms of support and services;
funding for building and renovating housing to make it accessible and suitable;
national action plans on homelessness; and a range of supervisory mechanisms,
including an advisory board for the rights of persons with disabilities to oversee
coordinated efforts. 71 Finland stated that it considered those currently living in
institutions to be homeless and had set a deadline of 2020 to close all institutions,
emphasizing the right to live in the community with access to the necessary services
and forms of support.
__________________
68
69
70
71
20/23
See the submissions for the present report by Inclusion Ireland and Profound Ireland.
See the submission by Mexico for the present report.
See the submission by Namibia for the present report and https://dredf.org/legal -advocacy/
international-disability-rights/international-laws/namibia-national-disability-council-act/.
See the submission by Finland for the present report.
17-11724
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