The right to independent living

  • Author: Council of Europe


The Issue Paper traces the right to live in the community to its origins in the most fundamental human rights standards both within the Council of Europe and United Nations systems. It draws on Article 19 of the CRPD to identify the various forms of violation and provides guidance on community-based responses governed by choice and on achieving inclusion and participation. The paper shows the link between the right to live in the community and other rights, notably the right to equal recognition before the law (legal capacity), which is necessary to ensure an individual’s choice of where and with whom to live, as opposed to such choice being exercised by a person or entity acting as the individual’s guardian. This Issue Paper ends with a sample of indicators and guidance questions to help assess whether a country is transitioning from violation to implementation of the right to live in the community.

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