SUBMISSION OF THE NETHERLANDS INSTITUTE FOR HUMAN RIGHTS
On the Draft General Comment No.5 (2017)
Artikel 19: Living independentlyandbeingincluded in the community
II Normative content of article 19
- Definitions
15 (b) According tothetext full andeffectiveinclusionandparticipation in society“means beingsocialandhaving accesstoall services….”. It wouldbebetterif “means beingsocial” wouldbereplacedby “thepossibility of beingsocial”.
15 (b) In thesentence “Hence, persons withdisabilities must beentitledtobe independent in community everywhere” the word “community” shouldbereplacedby “communities”.
- Article 19, chapeau
23. In thisparagraphtheInstituterecommendsadding LGBTI (Lesbian, Gay, Bisexual, Transgender/TranssexualandIntersexed) persons tothegroupswhoenjoyequalprotectionunderarticle 19.
III Obligation of Statesparties
47. It is difficulttounderstandthemeaning of thisparagraph. Doesitmeanthatif a person with a disabilitychoosesto live inaninstitution, thischoice must berespectedeventhoughit is thestates’ party dutyto close down institutions? The Instituterecommends making thistexta bit clearer.
- Obligationtofulfill
55. In thisparagraphit is statedthatStatesparties must closely consult andactivelyinvolve a diverse range of peoplewithdisabilitiesthroughtheirrepresentativeorganizations. The Instituterecommendstoreplace “representativeorganizations” by “persons withdisabilitiesandrepresentativeorganizations”, becauserepresentativeorganizations do notalwaysconsist of persons withdisabilities.
60. The last sentence of thisparagraph is “Statespartiesshouldnotaddtothehardshipfacedby persons withdisabilities, byreducingtheirincome in thisperiod ofausteritymeasures”. It is truethatpoverty is greateramongst persons withdisabilitiesthanamongstothers, but notevery person with a disabilityexperienceshardship. Thereforitwouldbebettertoreplacethesentenceby “Becausepoverty is greateramongst persons withdisabilitiesthanamongstothers, Statespartiesshouldnotreducetheincome of persons withdisabilities in periods of austeritymeasures”.
62. The Instituterecommendstoadd LGBTI tothesentence “Statespartiesshouldensurethat persons withdisabilities are entitledto access personal budgets irrespectiveof theirage, sex, ethnic background, language, socialcondition, migrant, asylum-seeking or refugee status”.
IV Relationshipwithotherprovisions of theConvention
69. In thisparagraphit is statedthatdecision-makers at all levels must activelyinvolveand consult a diverse range of peoplewithdisabilitiesthroughtheirrepresentativeorganizations. The Instituterecommendstoreplace “representativeorganizations” by “persons withdisabilitiesandrepresentativeorganizations”, becauserepresentativeorganizations do notalwaysconsist of persons withdisabilities.
71. In thisparagraphonecanreadthat “Womenand girls withdisabilitiesoftenalsoexperience gender-based, multiple andintersectionaldiscrimination…” It is notclearwhatthedifference is between multiple andintersectionaldiscrimination. The Instituterecommendsexplainingthis in thetext.
75. In thisparagraphit is statedthatall awareness-raisingactivitiesshouldbecarried out in close cooperation with persons withdisabilitiesthroughtheirrepresentativeorganizations. The Instituterecommendstoreplace “throughtheirrepresentativeorganizations” by “andtheirrepresentativeorganizations”.
V Implementation at thenational level
94.(f) Hereit is statedthatensuringparticipation of persons withdisabilities, throughtheirrepresentativeorganizations, is pivotal in transforming support services andcommunities. The Instituterecommendstoreplace “throughtheirrepresentativeorganizations” by “through persons withdisabilitiesthemselvesandtheirrepresentativeorganizations”.