CRPD/C/GC/5
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.
7.
Article 19 entails civil and political as well as economic, social and cultural rights
and is an example of the interrelation, interdependence and indivisibility of all human rights.
The right to live independently and be included in the community can only be realized if all
economic, civil, social and cultural rights enshrined in this norm are fulfilled. International
human rights law imposes obligations which are of immediate effect and others which may
be realized progressively.1 Full realization also requires structural changes that may need to
be taken in stages, whether civil and political or social, economic and cultural rights are at
stake.
8.
Article 19 reflects the diversity of cultural approaches to human living and ensures
that its content is not biased towards certain cultural norms and values. Living
independently and being included in the community is a basic concept of human living
around the globe and is applied to the context of disability. It means exercising freedom of
choice and control over decisions affecting one’s life with the maximum level of selfdetermination and interdependence within society. This right must be effectively realized in
different economic, social, cultural and political contexts. The right to live independently
and be included in the community refers to all persons with disabilities, irrespective of race;
colour; descent; sex; pregnancy and maternity; civil, family or carer situation; gender
identity; sexual orientation; language; religion; political or other opinion; national, ethnic,
indigenous or social origin; migrant, asylum-seeking or refugee status; belonging to a
national minority, economic or property status; health status; genetic or other predisposition
towards illness; birth and age, or any other, status.
9.
The right contained in article 19 is deeply rooted within international human rights
law. The Universal Declaration of Human Rights stresses in article 29 (1) the
interdependence of an individual’s personal development and the social aspect of being a
part of the community: “Everyone has duties to the community in which alone the free and
full development of his personality is possible.” Article 19 has its roots in civil and political
as well as economic, social and cultural rights: the right to liberty of movement and
freedom to choose one’s residence (article 12 of the International Covenant on Civil and
Political Rights) and the right to an adequate standard of living, including adequate clothing,
food and housing (article 11 of the International Covenant on Economic, Social and
Cultural Rights), and to basic communication rights form the basis for the right to live
independently and be included in the community. Liberty of movement, an adequate
standard of living as well as the ability to understand and have one’s preferences, choices
and decisions understood form indispensable conditions for human dignity and the free
development of a person.2
10.
The Convention on the Elimination of All Forms of Discrimination against Women
emphasizes the equality of women and men and condemns discrimination against women in
all its forms (art. 1). The Convention reaffirms the equality between women and men
concerning legal matters, including legal capacity and opportunities to exercise that
capacity (art. 15 (2)). It also requests States parties to recognize the same rights with regard
to the law relating to the movement of persons and the freedom to choose their residence
and domicile (art. 15 (4)).
11.
Article 9 (1) of the Convention on the Rights of the Child requires States parties to
“ensure that a child shall not be separated from his or her parents against their will, except
when competent authorities subject to judicial review determine, in accordance with
applicable law and procedures, that such separation is necessary for the best interest of the
child”. States parties to this Convention “shall render appropriate assistance to parents and
legal guardians in the performance of their child-rearing responsibilities”, as guaranteed by
article 18 (2). In addition, article 20 (1) establishes that “[a] child temporarily or
1
2
2
See Committee on Economic, Social and Cultural Rights , general comment No. 3 (1990) on the
nature of States parties’ obligations 3, paras. 1-2.
See Universal Declaration of Human Rights, art. 22; Human Rights Committee, general comment No.
27 (1997) on freedom of movement, para. 1; Committee on Economic, Social and Cultural Rights,
general comment No. 4 (1991) on adequate housing, para. 7.