A/72/128
Children with disabilities are frequently hidden away and denied access to extended
family, neighbours and other children. 11
13. When seeking both private and public housing, persons with disabilities face
overt and indirect discrimination. Sometimes access to housing is denied because of
an irrational fear that facilities will be contaminated. Income and employment status
is used in many countries to vet prospective tenants such that well -paid, full-time
workers without a disability are considered to be “qualified” for affordable rental
housing, while persons with disabilities with lower incomes are denied access.
People with psychosocial disabilities are often treated as unworthy tenants because
of “abnormal” behaviour that is defined as “antisocial”. Persons wi th intellectual
disabilities are also discriminated against on the basis of an assumed lack of
capacity to take care of the premises and deprived of the legal capacity to sign rental
agreements.
14. Discrimination is compounded by other grounds, notably se x, gender,
socioeconomic status, race and belonging to ethnic, religious or linguistic minority
groups. Indigenous peoples in Canada experience twice the rate of disability as the
non-indigenous population and are subjected to intersecting discrimination o n the
basis of indigeneity, poverty and disability. 12 Criminalization of persons with
disabilities, in particular those living in homelessness and those with psychosocial
disabilities, is common. A typical pattern for persons with psychosocial disabilities
is first to lose their housing, when their needs are not accommodated or when they
do not receive adequate financial assistance, then to be criminalized in the context
of homelessness and then to be incarcerated. In prison, punitive responses for
persons with psychosocial disabilities result in extended isolation, segregation,
further deterioration of mental health and an ongoing cycle of homelessness and
incarceration.
2.
Institutionalization and deprivation of choice
15. Institutionalization is a clear example of how violations of the right to housing
occur when disability is misconstrued as a medical condition. Removing persons
with disabilities from the general population and subjecting them to isolation and
extreme social control is rationalized on the basis that they are being provided with
“treatment” or “care”. Institutionalization often combines the worst living
conditions with severe deprivation of liberty and cruel and inhuman treatment,
including physical and sexual abuse. Conditions are invar iably overcrowded, with
limited or no access to sanitation and hygiene facilities, as has been documented in
countries including Guatemala, Indonesia and Mexico. 13 Residents in institutions
and institution-like settings are often precluded from having outside social or family
relations and deprived of choices about activities, social relationships, sexuality and
identity. Persons with psychosocial or intellectual disabilities are at highest risk of
being institutionalized forcefully 14 and, outside formal institutions, are often
__________________
11
12
13
14
17-11724
United Nations Children’s Fund (UNICEF), “Children and young people with disabilities”,
fact sheet (May 2013), p. 23. Available from www.unicef.org/disabilities/files/
Factsheet_A5__Web_NEW.pdf.
See the submission by a coalition of Canadian non-governmental organizations for the present
report.
A/71/310, paras. 25-26; case No. PM 370/12, patients at the Federico Mora Hospital, Guatemala;
Human Rights Watch, “Living in hell: how people with mental health conditi ons in Indonesia are
treated” (21 March 2016), available from www.hrw.org/report/2016/03/21/living-hell/abusesagainst-people-psychosocial-disabilities-indonesia; Disability Rights International, “No justice:
torture, trafficking and segregation in Mexico” (Mexico City, 2015), available from
www.driadvocacy.org/wp-content/uploads/Sin-Justicia-MexRep_21_Abr_english-1.pdf.
A/HRC/28/37, para. 19.
7/23
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