Global-Report-Living-Colour-dr2-2

More documents

Recommendations

Info

Inclusive Communities = Stronger Communities GLOBAL REPORT ON ARTICLE 19: THE RIGHT TO LIVE AND BE INCLUDED IN THE COMMUNITY 59 The right to make decisions (Article12 of the CRPD) is intertwined with the right to live in the community (Article 19 of the CRPD) and these two rights must be read together. Article 12 of the CRPD secures that all people with disabilities have the full and equal right to make decisions in their lives. It further recognizes that using support to make those decisions does not diminish the individual’s right to make their own decisions. CRPD Article 12 Equal recognition before the law 1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law. 2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. 3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity. 4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests. 5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
60 Inclusive Communities = Stronger Communities GLOBAL REPORT ON ARTICLE 19: THE RIGHT TO LIVE AND BE INCLUDED IN THE COMMUNITY Key Issues in Decision Making: ‰ Formal Guardianship and Substitute Decision Making While guardianship and substitute decision making were not the principle subject of our consultation with members, our research showed that guardianship and other forms of substitute decisionmaking deny people with intellectual disabilities a voice and control in their own lives. It is clear that this lack of control has resulted in people with intellectual disabilities not being able to choose where and with whom they live. We heard that it is often families or third parties that make this decision. As a result, people with intellectual disabilities are being institutionalized against their will and living in places not of their choosing. Law reform is needed but law reform alone cannot achieve the level of change required. Investments in families is needed to support them to understand the rights of their child with an intellectual disabilities and how to empower that child as s/he grows and develops, to make their own decisions. Investments are needed in community supports and systems that recognize and enable supported decision making. ‰ Culture of Substitute Decision Making Even where formal guardianship does not exist we heard that in practice families and communities often do not even consult the person when making decisions for them. Throughout our lives our experience with and ability to make decisions grows and develops. Certain cultures recognize decisionmaking in terms of individual autonomy, while others emphasize group and mutual responsibilities. Too often people with intellectual disabilities are presumed by others to not able to make their own decisions. A participant in one of the focus groups in Africa told us: “Starting from the home, intellectually
Page 1 and 2:
Inclusive Communities = Stronger Co
Page 3 and 4:
Library and Archives Canada (LAC) I
Page 5 and 6:
iv Inclusive Communities = Stronger
Page 7 and 8:
vi Inclusive Communities = Stronger
Page 9 and 10:
viii Inclusive Communities = Strong
Page 11 and 12:
x Inclusive Communities = Stronger
Page 13 and 14:
xii Inclusive Communities = Stronge
Page 15 and 16:
2 Inclusive Communities = Stronger
Page 17 and 18:
Page 19 and 20:
Page 21 and 22: 8 Inclusive Communities = Stronger
Page 71: 58 Inclusive Communities = Stronger
Page 113 and 114: 100 Inclusive Communities = Stronge
Page 123 and 124:
110 Inclusive Communities = Stronge
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165:
Printed in Canada Inclusion Interna
show all

Global-Report-Living-Colour-dr2-2

Create successful ePaper yourself

Delete template?

Save as template?