A/72/128
conflict has contributed to high numbers of persons with disabilities. 28 At the same
time, in each of those places, adequate, accessible housing is extremely scarce, with
housing stock having been destroyed and a lack of access or specific policies
blocking access to the materials and resources necessary to rebuild homes. In
refugee camps, poorly lit and remotely located latrines can lead to difficult access
and experiences of sexual violence for women with disabilities, while crowded,
narrow walkways can result in persons with visual impairments falling into open
sewers. 29
32. The right to housing is a central part of humanitarian action, from emergency
shelter to longer-term accommodation and settlement. Until recently, however,
shelter has been provided without consideration of the potential barriers for persons
with disabilities.
III. Central principles of the human rights-based approach
to disability
33. The unique fusion of civil, political and economic and social and cultural
rights in the Convention on the Rights of Persons with Disabilities has immense
potential to breathe new life into the right to adequate housing of persons with
disabilities. Five central tenets of the disability human rights paradigm are
particularly important in understanding the right to adequate housing in that
context. 30
1.
Dignity, autonomy and freedom to choose
34. “Respect for inherent dignity, individual autonomy including the freedom to
make one’s own choices, and independence of persons” is a guiding principle se t
forth in article 3 (a) of the Convention that is particularly critical in the
interpretation of the right to adequate housing. The deprivation of choice of where
and with whom to live is often the most critical assault on dignity and autonomy for
persons with disabilities.
35. Freedom of choice for persons with disabilities is not just a civil and political
right to freedom from forced institutionalization. In article 19 of the Convention, the
right to be free to choose where and with whom one lives is set out as a positive
right to be included in the community, with access to a range of residential and other
support services. In addition, article 19 must be read in conjunction with and is
reinforced by article 28 to require not only services but also adeq uate, accessible
housing in which to live.
2.
Substantive equality and non-discrimination
36. In the Convention, a broad and substantive concept of the right to equality and
non-discrimination is affirmed. Prohibited discrimination includes any distinc tion,
__________________
28
29
30
17-11724
Palestinian Central Bureau of Statistics, “On the eve of the International Population Day”, 11 July
2013. Available from www.pcbs.gov.ps/site/512/default.aspx?tabID=512&lang=en&ItemID=
844&mid=3171&wversion=Staging; Jad Chaaban and others, “Survey on the socioeconomic
status of Palestine refugees in Lebanon” (American University of Beirut and the United Nations
Relief and Works Agency for Palestine Refugees in the Near East, 2016), p. 10; HelpAge
International and Handicap International, Hidden Victims of the Syrian Crisis: Disabled, Injured
and Older Refugees (London and Lyon, Park Lane Press, 2014), p. 6.
Michael Ashley Stein and Janet E. Lord, “Enabling refugee and IDP law and policy: implications
of the U.N. Disability Convention on the Rights of Persons with Disabilities”, Faculty
Publications (2011), pp. 408 and 431.
Convention on the Rights of Persons with Disabilities, arts. 3, 9 , 19 and 28.
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