Living independently and being included in the community
States Parties to this Convention recognise the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their inclusion and participation in the community, including by ensuring that:
(a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
(b) Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs;
(c) Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community. (Article 19)
Obligations
This article is an important extension of the right to liberty, which applies specifically to the living arrangements of persons with disability. The article is directed to the elimination of segregated, congregate and socially isolated environments in which persons with disability have historically been forced, or obliged, to live. The article requires State Parties to ensure that persons with disability are able to live in the community with accommodation options equal to others, and that these options support the inclusion and participation of persons with disability in community life. The article also provides that persons with disability must be able to choose with whom they live on an equal basis with others. In order to realise these freedoms, State Parties are obliged to ensure that persons with disability have access to the support services they require in order to live freely in the community, and to avoid isolation and segregation from the community. These support services include in-home support, residential and community support services, and personal care. The article also seeks to ensure that mainstream community services and facilities are available and responsive to the needs of persons with disability so as to facilitate their freedom to live in and be a part of the community.
Indicators
• Persons with disability live in the community with choices equal to others.
• Persons with disability are included, and participate, in the community.
• Persons with disability are able to choose their place of residence on an equal basis with others.
• Persons with disability are able not obliged to live in any particular living arrangement.
• Persons with disability 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 and segregation from the community.
• Community services and facilities for the general population are available to persons with disability on an equal basis with others and are responsive to their needs.
Example
The right to living independently and being included in the community will be particularly relevant to people who through their work are involved in:
• Working with people who are the subject of government or non-government social support services in respect of housing or other permanent or temporary residential arrangements