Committee on the Rights of Persons with Disabilities

Background

In 2014 the Committee decided to prepare a draft general comment on article 19 of the Convention. The Committee considered that it was important to clarify the content of this article given that in its consideration of States parties’ reports, the Committee has identified implementation gaps and, to a certain extent, misconceptions about the right of persons with disabilities to choose their place of residence and where and with whom to live; the right of persons with disabilities to in-home, residential and community support services; and the right to community services and facilities available on an equal basis with the general population and which are responsive to the needs of persons with disabilities.

The Committee, at its 14th session in August-September 2015, decided to devote one day of its 15th session to a general discussion on article 19 of the Convention, to be held on 19 April 2016. The inputs and outcome of the discussion day fed into the drafting process of the Committee’s General Comment on article 19. Once the draft general comment was released, input on this draft was gathered.

The work of the Committee is in line with initiatives taken by other human rights mechanisms. In its resolution 25/20, the Human Rights Council requested OHCHR to prepare a study on the right to live independently and to be included in the community. The study was adopted at the 28th session of the Council in December 2015 (A/HRC/28/37).

Summary

Article 19 emphasizes that persons with disabilities are subjects of rights and are rights holders. The general principles of the Convention (art. 3), particularly respect for the individual’s inherent dignity, autonomy and independence (art. 3 (a)) and the full and effective participation and inclusion in society (art. 3 (c)), are the foundation of the right to live independently and be included in the community. Other principles enshrined in the Convention are also essential to interpret and apply article 19.

Independent living and inclusive life in the community are ideas that historically stemmed from persons with disabilities asserting control over the way they want to live by creating empowering forms of support such as personal assistance and requesting that community facilities be in line with universal design principles.

This general comment aims at assisting States parties in their implementation of article 19 and fulfilling their obligations under the Convention. It concerns primarily the obligation to ensure every individual’s enjoyment of the right to live independently and be included in the community, but it is also related to other provisions of the Convention. Article 19 is one of the widest ranging and most intersectional articles of the Convention and has to be considered as integral to the full implementation of the Convention.