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Access to rights-based support for persons with disabilities
- Organo
- Relator especial sobre los derechos de las personas con discapacidad
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2017
- Código de documento
- A/HRC/34/58
Documento
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 13
- Paragraph text
- Support is the act of providing help or assistance to someone who requires it to carry out daily activities and participate in society. Support is a practice, deeply embedded in all cultures and communities, that is at the basis of all our social networks. Everyone needs support from others at some stage, if not throughout their life, to participate in society and live with dignity. Being a recipient of support and offering support to others are roles we all share as part of our human experience, regardless of impairment, age or social status. However, while some forms of support have been naturally integrated into social design, others, such as that required by persons with disabilities, are still marginal.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 15
- Paragraph text
- For most persons with disabilities, access to quality support is a necessary precondition for living and fully participating in the community on the basis of choices equal to others. Without adequate support, persons with disabilities are at risk of falling into neglect and institutionalization. The provision of appropriate support is necessary to the realization of the full spectrum of human rights and enables persons with disabilities to achieve their full potential, thus contributing to the overall well-being and diversity of the communities in which they live. For many persons with disabilities, support represents an essential precondition for their active and meaningful participation in society, while preserving their dignity, autonomy and independence.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 16
- Paragraph text
- The existence of social and environmental barriers creates the need for support. For example, persons with disabilities who live in inaccessible communities may require greater support than if they lived in accessible ones. Individual support needs also vary according to personal factors, including level of impairment, age, socioeconomic status and ethnic origin. While the existence of strong non-discrimination legal frameworks and fully accessible general environments significantly facilitate the participation of persons with disabilities, many of them may still require support measures to be able to participate in the community on an equal basis with others.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Older persons
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 18
- Paragraph text
- Despite the rising demand, the support needs of most persons with disabilities worldwide are not being met. Evidence indicates that in most developed and developing countries, the majority of persons with disabilities have limited access to support services. There is a shortage of community support services for persons with disabilities who require personal assistance. In many countries, only 5-15 per cent of those in need of assistive devices and technologies are able to obtain them. Deaf and deafblind persons frequently face difficulties in accessing trained interpreters, particularly in rural or isolated communities. Persons with psychosocial and intellectual disabilities are overrepresented among the homeless because of the lack of support for living in the community and for decision-making. Furthermore, general public services in such areas as education and employment do not envision support measures to ensure the full participation of persons with disabilities. While all persons with disabilities face challenges in accessing support, those with high support needs are disproportionately affected by the lack of appropriate services.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 19
- Paragraph text
- Regretfully, there is little public and political interest or attention to the support needs of persons with disabilities. In many countries, support is not included in national legislation and policies and, when available, it is an underfunded residual service with scarce provision that does not match people's needs. Moreover, whereas there are some forms of formal support for persons with disabilities in many high-income countries, this is not the case in many low- and middle-income countries. Consequently, the majority of persons with disabilities have to rely on informal forms of support, primarily from their families and personal networks.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 20
- Paragraph text
- Support is a normal part of community life, with families serving as the first source of support for everyone. For many persons with disabilities, family support serves as a bridge to access other assistance needed to fully enjoy their human rights. However, when no other options are available and families are the sole source of support, the autonomy of persons with disabilities and their family members is reduced. Those being supported have no choice or control over the assistance they require to pursue their life plans, and questions of overprotection and conflict of interest commonly arise. Families - especially the poorest - are also under significant pressure as unpaid familial support also affects social relationships, income levels and the general well-being of the household. Women and girls are disproportionately affected, as in practice they are the main providers of support within the household, reducing their freedom and choices to pursue their own life plans.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Families
- Girls
- Persons with disabilities
- Women
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Families
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 23
- Paragraph text
- For a long time, responses to the assistance needs of persons with disabilities have been framed in terms of care. While care as a concept can be understood and used in several ways, the disability community has historically been critical of the idea of "being cared for" and of the traditional role of caregivers. Service models of care have traditionally treated persons with disabilities as passive objects or recipients of care, or as a "burden" for family and society, rather than as active holders of rights. Whether in formal or informal settings, care services have traditionally regarded persons with disabilities as dependents, which in most cases has not enabled them to fully participate in decisions affecting their lives.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Families
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 26
- Paragraph text
- The philosophy of independent living, which outlines the need for persons with disabilities to have autonomous and independent lives, reinforces the notion of support. However, independence needs to be framed in a way that takes into account the interdependence of human experiences and accepts reliance on others as a fundamental aspect of that interdependence, thus moving away from narrow interpretations of independence that conflate it with self-sufficiency and self-reliance. In this regard, support must ensure that persons with disabilities are able to exercise choice and control over their own lives, irrespective of their physical, sensory, mental and intellectual impairments, and over their own views, rather than having to follow the views of those looking after their needs.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 27
- Paragraph text
- At the same time, there is a need to recover and acknowledge the personal experience of impairment that informs the support needs that persons with disabilities have in order to participate in society, experiences that may have been rendered marginal in the disability-rights debate. The acceptance of persons with disabilities as part of human diversity should influence the way societies perceive and respond to individuals' support requirements.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 29
- Paragraph text
- International human rights law requires States to provide persons with disabilities access to appropriate support to carry out daily activities and participate in society. The Convention on the Rights of Persons with Disabilities - the highest international standard on promotion and protection of the rights of persons with disabilities - clearly stipulates the obligation of States to ensure access to a wide range of support services to persons with disabilities, and provides a comprehensive framework for its implementation. The Convention on the Rights of the Child also recognizes the obligation of States to ensure the assistance required by children with disabilities for achieving their fullest possible social integration and individual development (art. 23).
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 30
- Paragraph text
- Regional human rights instruments have also recognized support to persons with disabilities. The European Social Charter (revised) enshrines the right of persons with disabilities to independence, social integration and participation in the life of the community, calling on States to facilitate access to technical aids and support services (art. 15). The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) establishes an obligation to adopt measures to assist persons with disabilities to achieve the greatest possible development of their personality, including the implementation of programmes specifically aimed at providing them with the resources and environment needed for attaining this goal (art. 18). While the African Charter on Human and Peoples' Rights establishes a general obligation to facilitate "special protection measures" for persons with disabilities (art. 18 (2) and (4)), the draft protocol to the African Charter on Human and Peoples' Rights on the rights of persons with disabilities adopted by the African Commission on Human and Peoples' Rights in April 2016 explicitly recognizes support as a necessary measure to enable the realization of the rights of persons with disabilities (arts. 2 (h), 8, 10, 12, 13, 14, 16, 17, 20, 23, 25 and 26). Finally, the Incheon Strategy to "Make the Right Real" for Persons with Disabilities in Asia and the Pacific considers community inclusion and support as part of its policy direction. Its goal 4, Strengthen social protection, includes a target on enhancing services and programmes, including for personal assistance and peer counseling, that support persons with disabilities in living independently in the community.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 32
- Paragraph text
- Support can also be derived from the basic principles of human rights, such as dignity, universality, individual autonomy, equality and non-discrimination, participation and inclusion. The universal nature of human rights provides an obligation on States to promote the full realization of rights for all people. Persons with disabilities should enjoy all human rights and fundamental freedoms on an equal basis with others. Access to adequate support is indeed a precondition for persons with disabilities to effective exercise of their human rights on an equal basis with others and, therefore, to live with dignity and autonomy in the community.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 33
- Paragraph text
- The State obligation to ensure access to support to persons with disabilities must be distinguished from the obligation to provide accessibility. While accessibility is an obligation related to the physical environment, transportation, information and communications - a requirement for barrier-free, inclusive societies - support is an obligation linked to the individual. Instead of transforming the environment, the goal is to assist the individual in a range of different activities, from communication to mobility. Whereas the level of accessibility may increase or decrease the need for support, the two are complementary obligations enabling persons with disabilities to live independently and to participate fully in all aspects of life.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 35
- Paragraph text
- In the Convention on the Rights of Persons with Disabilities support is firmly grounded in a complex substantive equality model introduced by the Convention. The treaty underlines the importance of taking the diversity of the human experience into account. The Convention underlines the importance of adopting all appropriate measures to support the full and effective participation of persons with disabilities in society on an equal basis with others. Its rights-based approach also places persons with disabilities at the centre of all decisions affecting them, including decisions about support and assistance.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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).
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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)).
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 38
- Paragraph text
- The provision of specific forms of support is further referred to in articles 9 (accessibility), 12 (equal recognition before the law), 13 (access to justice), 16 (freedom from exploitation, violence and abuse), 19 (living independently and being included in the community), 20 (personal mobility), 21 (freedom of expression and opinion, and access to information), 23 (respect for home and the family), 24 (education), 26 (habilitation and rehabilitation), 27 (work and employment), 28 (adequate standard of living and social protection) and 30 (participation in cultural life, recreation, leisure and sport).
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Families
- Año
- 2017
Párrafo
Access to rights-based support for persons with disabilities 2017, para. 39
- Paragraph text
- In many of its concluding observations, the Committee on the Rights of Persons with Disabilities has called upon States to provide access to support to persons with disabilities in different aspects of life. More specifically, in its general comment No. 1 (1994) on equal recognition before the law, the Committee stressed that support must respect the rights, will and preferences of persons with disabilities, and that the type and intensity of support to be provided will vary significantly from one person to another owing to the diversity of persons with disabilities.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights of persons with disabilities
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2017
Párrafo