Draft Article 15
LIVING INDEPENDENTLY51 AND BEING INCLUDED IN THE COMMUNITY
- States Parties to this Convention shall take effective and appropriate measures to enable persons with disabilities to live independently and be fully included in the community, including by ensuring that:
- persons with disabilities have the equal opportunity to choose their place of residence and living arrangements;
- persons with disabilities are not obliged to live in an institution or in a particular living arrangement; 52
- that 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;53
- community services for the general population are available on an equal basis to persons with disabilities and are responsive to their needs;
- persons with disabilities have access to information about available support services.
51: Some members of the Working Group expressed the concern that the words "living independently" in the title and chapeau of this draft Article does not reflect the cultural norm in many countries, and that the words might suggest that persons with disabilities should be separated from their families. The Ad Hoc Committee may wish to consider an alternative formulation.
52: Some members of the Working Group, while accepting the principle, thought that States Parties would find it impossible to guarantee this obligation without exception. Other members considered that the sub-paragraph was redundant, as the issue was covered in sub-paragraph 1(a).
53: Some members of the Working Group considered that it would be difficult for States Parties to ensure the availability of the services described in paragraphs 1(c) and (d), and in particular the undertaking in paragraph 1(c) to provide personal assistance.
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