Article 19: Deinstitutionalization and Full Inclusion in Community

One of the fundamental requirements for the successful deinstitutionalization of persons with disabilities (PwD) is a robust and well-resourced strategy to support their inclusion and independence in the community. A crucial element of this strategy involves the removal of legal barriers that limit their autonomy and independence. However, in many of the jurisdictions where deinstitutionalization has begun, it has become clear that government efforts to remove these barriers have fallen woefully short. This chapter will provide illustrative examples of some of the ongoing legal barriers to the inclusion and independence of PwD in Canada, as well as some of the advocacy efforts being made to remove these barriers. Some of the issues this chapter will briefly cover include: (a) accessibility in housing; (b) gaps in the right to security of tenure for PwD; (c) problems associated with complaint mechanisms around the quality of services and support PwD receive; and (d) some of the common forms of discrimination persons with disabilities experience in the area of housing and independent living. In covering these issues, this chapter will use Article 19 of the CRPD to both critique these barriers and to illustrate what the CRPD requires of States Parties when it comes to promoting the independence and inclusion of PwD in the community.