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Disability-inclusive policies 2016, para. 53
- Paragraph text
- To the maximum extent possible, States should provide support services and assistive devices and technologies under a community-based approach. That means not only providing relevant services in the community where the person lives, but also ensuring the participation of persons with disabilities in decision -making processes and activities related to the design and provision of those services, as well as recognizing and supporting existing social networks and community resources. In that way, community-based services enable the optimal use of local resources, often with more efficient delivery systems than through other measures. When services are not community-based there is either a drive towards segregation, or those needing such services may have difficulty in accessing them. Additionally, when services are designed in a participatory manner and with the communities in mind, their adequacy and adaptability is increased, which results in responses that are sensitive to geographical, social, economic and cultural issues. In the case of indigenous peoples, such community-based services could be used to avoid the risk of assimilation when providing disability-specific services to indigenous 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
- Ethnic minorities
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 23
- Paragraph text
- Many girls and young women with disabilities do not have access to information and education about sexual and reproductive health and rights and related services. Several studies found that youth with disabilities, especially girls and young women with intellectual disabilities, have low levels of sexuality education and sexual and reproductive health and rights knowledge, including information with regard to the prevention and transmission of HIV. The lack of inclusive education prevents girls and young women with disabilities from accessing comprehensive sexuality education, as those programmes are usually not available in special education settings. In addition, comprehensive sexuality education is not always delivered in accessible formats and alternative languages, and very often it does not address disability-specific needs. Stigma and stereotypes about female sexuality can also lead to the exclusion of girls and young women with disabilities from existing comprehensive sexuality education programmes by their parents, guardians and teachers. There is a general lack of guidance for families and teachers on how to talk about sexuality and equality with girls and young women with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 48
- Paragraph text
- Different forms of assistance and support services are required by some persons with disabilities to live and fully participate in the community, with choices equal to others. Article 19 (b) of the Convention on the Rights of Persons with Disabilities requires States to ensure that persons with disabilities have access to a range of in-home, residential and other community support services necessary to support living and inclusion in the community and to prevent isolation or segregation from the community. Those support services include personal assistance, support in decision-making, communications support (readers, sign language interpreters), mobility support (guides, service animals), living arrangement services (housing, household care) and community services. They can be both substitutes for and complements to assistive devices. Very often those services are not covered by health insurance or social protection schemes, even though they can take up a significant proportion of the average person's budget, if they can afford it at all. States should take measures to ensure affordability and guarantee access to those services to the maximum extent of their available resources, to comply with articles 4 and 28 (2) (a), (b) and (c) of the Convention.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 45
- Paragraph text
- According to articles 20, 26 (3) and 28 (2) (a) of the Convention on the Rights of Persons with Disabilities, States have an obligation to promote the availability, knowledge and use of assistive devices and technologies for persons with disabilities. Article 20 (b) requires States to take effective measures to facilitate the access of persons with disabilities, including children with disabilities, to mobility aids, devices, assistive technologies and forms of live assistance and intermediaries. Those measures must include making them available at no or an affordable cost. Moreover, as part of their general obligations, States should undertake or promote research and development of, and promote the availability and use of, devices and assistive technologies suitable for persons with disabilities, giving priority to technologies at an affordable cost (article 4 (1) (g)). They should also provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities (article 4 (1) (h)). Despite those obligations, in many developing countries only 5 to 15 per cent of those in need of assistive devices and technologies are able to obtain them.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 11
- Paragraph text
- As a foundation for any national social protection system, these floors must ensure, at a minimum, access to essential health care (including maternity care) and to a basic level of income security for (a) children - including access to food, education, care and other necessary goods and services; (b) persons of active age who are unable to earn sufficient income, including persons with disabilities; and (c) older persons. The ILO recommendation concerning national floors of social protection, 2012 (No. 202) identifies as priority areas of attention the prevention and alleviation of poverty, vulnerability and social exclusion, and sets forth guidelines for implementing and monitoring national strategies that are participatory, country-led, sustainable and regularly reviewed. It also provides guidance to States on progressively providing higher levels of protection to as many people as possible and as soon as possible, reflecting States' economic and fiscal capacities. The recommendation also recognizes the principles of non-discrimination, gender equality and responsiveness to specific needs, and emphasizes that any initiative should support people with special needs and other potentially disadvantaged groups.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 32
- Paragraph text
- There is a worrisome and growing number of cases of surgical procedures and hormonal treatments intended to inhibit the growth of girls and young women with severe impairments. Hysterectomy, for example, is regarded as an effective way to avoid menstruation management,42 and it is justified on the discriminatory presumption that girls and young women with disabilities cannot handle the pain, discomfort and trauma of menstruation — an argument not applicable to girls and women without disabilities. Oestrogen treatment is also being increasingly administered for “growth-attenuation therapy”, aiming to inhibit girls’ entry into puberty and reduce their final height and weight in order to facilitate care. Those practices constitute gross human rights violations that go well beyond patronizing and infantilizing; they prioritize the interests of caregivers to the detriment and denial of a person’s dignity and integrity. As the Committee on the Rights of the Child has emphasized, the interpretation of a child’s best interests cannot be used to justify practices that conflict with the child’s human dignity and right to physical integrity. Stunting a girl’s growth does not represent, by any means, an appropriate response to the lack of support that families may encounter in providing assistance to their girls 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
- Children
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 30
- Paragraph text
- While United Nations human rights instruments, mechanisms and agencies have recognized that the forced sterilization of persons with disabilities constitutes discrimination, a form of violence, torture and other cruel, inhuman or degrading treatment, the practice is still legal and applied in many countries. Across the globe, many legal systems allow judges, health-care professionals, family members and guardians to consent to sterilization procedures on behalf of persons with disabilities as being in their “best interest”, particularly for girls with disabilities who are under the legal authority of their parents. The practices are often conducted on a purported precautionary basis because of the vulnerability of girls and young women with disabilities to sexual abuse, and under the fallacy that sterilization would enable girls and young women with disabilities who are “deemed unfit for parenthood” to improve their quality of life without the “burden” of a pregnancy. However, sterilization neither protects them against sexual violence or abuse nor removes the State’s obligation to protect them from such abuse. Forced sterilization is an unacceptable practice with lifelong consequences on the physical and mental integrity of girls and young women with disabilities that must be immediately eradicated and criminalized.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 19
- Paragraph text
- Stereotypes based on gender and disability often lead to structural or systemic discrimination against women with disabilities, in particular when exercising their sexual and reproductive health and rights. Stigma and misconceptions about disability and sexuality can have a profound negative impact on their lives and can lead to their disempowerment and infantilization. The nature of the prejudice experienced affects their self-esteem, making them feel insecure and socially isolated. Girls and young women with disabilities are neither seen to be in need of information about their sexual and reproductive health and rights and available services, nor seen as competent to make decisions about their sexual and reproductive lives. Moreover, as many girls and young women with more severe impairments live at home or in institutions, often completely dependent on or controlled by others, they are denied the full exercise of their autonomy and privacy, whether that is intentional or not. Consequently, many girls and young women with disabilities lack the basic knowledge and support required to protect themselves from sexual abuse, unwanted pregnancy and sexually transmitted infections, and are not equipped to make informed decisions about their own bodies, health and lives.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 8
- Paragraph text
- Furthermore, girls and young women with disabilities are, almost without exception, prevented from making autonomous decisions with regard to their reproductive and sexual health, which can result in highly discriminatory and harmful practices, as discussed in section III below. Many of those practices occur in institutions, as girls and young women with disabilities are more likely to be institutionalized.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 95
- Paragraph text
- International decision-making processes beyond the United Nations system are also crucial. The involvement and participation of representative organizations of persons with disabilities in the drafting of regional treaties, the adoption of international trade agreements, and the review and update of the World Bank safeguard policies, among other things, are equally important.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 80
- Paragraph text
- States should undertake periodic evaluations of the functioning of the different participation and consultation mechanisms, with the active involvement of representative organizations of persons with disabilities, to ensure that the principle of good faith is being respected. Contributions to the present report highlight the importance of developing codes of conduct for consultation and engagement with CSOs.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 72
- Paragraph text
- As women and girls with disabilities are at a higher risk of facing multiple forms of discrimination, States must pay special attention to guaranteeing their right to participate actively and directly in all decision-making processes affecting their lives.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 65
- Paragraph text
- States must consult with and actively involve persons with disabilities in law and policymaking and establish formal mechanisms and remedies for challenging decisions adopted without this prerequisite of validity.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 46
- Paragraph text
- Finally, States must ensure that representative organizations of persons with disabilities can freely engage with national and international human rights monitoring mechanisms, including the Committee on the Rights of Persons with Disabilities, other treaty bodies, the universal periodic review, and the special procedures of the Human Rights Council.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 41
- Paragraph text
- The promotion of an enabling environment for organizations of persons with disabilities to flourish remains a challenge in many countries. This demands not only a strategic response, but also a shared responsibility between a broader range of stakeholders that includes Governments, national human rights institutions, international cooperation agencies and the private sector.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 46
- Paragraph text
- States should take into consideration several elements in the provision of assistive devices and technologies in order to ensure their effective distribution and use. Many persons with disabilities and their families do not know about the existence of assistive products and services. In many countries, assistive devices and technologies are produced on a very small scale or not at all. When available, assistive technology services are often delivered in limited numbers and/or in major cities, far away from where most persons with disabilities live. Moreover, persons with disabilities are rarely given the opportunity to choose the most appropriate assistive device for their specific needs or environment. The provision of assistive devices and technologies therefore needs to be an integral part of rehabilitation and habilitation services, so as to ensure that there are referral systems that provide proper fitting and/or customization and instructions on proper usage, maintenance and repair. Guidelines for the appropriate provision and distribution of assistive devices and technologies should also be considered, as well as proper training for personnel working in the area. Above all, systems should be structured in a way that promotes the empowerment and choices 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 39
- Paragraph text
- In setting up her mandate, the Special Rapporteur has started to engage with the Centre for Disability Law and Policy of the National University of Ireland, Galway and the University of Costa Rica in order to obtain academic support in particular areas of research and knowledge development. She will continue to pursue opportunities for academic liaison throughout her mandate.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 24
- Paragraph text
- While positive steps have been taken to include the rights of persons with disabilities in a range of human rights and development processes at the international level, the Special Rapporteur considers it important to contribute to these efforts by providing technical advice and advocating for a human rights framing in all disability-related work.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 22
- Paragraph text
- In the light of the mandate entrusted to the Special Rapporteur by the Human Rights Council in its resolution 26/20, the mandate holder aims to put particular emphasis on promoting the inclusion of the rights of persons with disabilities in a set of national and international processes which she regards as priorities.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 20b
- Paragraph text
- [The core of the Special Rapporteur's work will consist of three interrelated activities:] Annual reports on the activities undertaken in fulfilling her mandate submitted to the Human Rights Council and the General Assembly, including thematic studies on key issues related to the advancement of 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 20
- Paragraph text
- More specifically, article 28 creates an obligation for States parties to take appropriate measures to ensure that persons with disabilities receive equal access to mainstream social protection programmes and services - including basic services, poverty reduction programmes, housing programmes, and retirement benefits and programmes - as well as access to specific programmes and services for disability- related needs and expenses.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 33
- Paragraph text
- Girls with disabilities are also likely to be proposed for marriage in regions and communities where child marriage occurs. Indeed, families are more prone to force girls with disabilities into marriage because they see it as a way to ensure long-term security and protection for their children. In addition, the Committee on the Rights of Persons with Disabilities has strongly condemned the practice of female genital mutilation affecting girls and women with disabilities in a number of countries.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 78
- Paragraph text
- States must consult and engage with representative organizations of persons with disabilities in good faith. This is a basic principle of good governance and international law, as stated in Article 2 (2) of the Charter of the United Nations. The principle of good faith requires parties to deal honestly and fairly with each other, represent their motives and purposes truthfully, and refrain from taking any unfair advantage.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 38
- Paragraph text
- States can take a number of measures to improve sexual and reproductive health and rights of girls and young women with disabilities, including by reviewing their legal and policy frameworks; taking concrete measures in the areas of education and information, access to justice, accessibility, non-discrimination and participation; and by allocating specific budgets for their implementation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph