Examples of Barriers to Living Independently and with Dignity in the Community

1. Physical barriers to places of work, shops, health care facilities, housing, and public buildings;
2. Lack of accessible transportation to places of work, shops, health care facilities, and public buildings;
3. Legislation, regulations, policies, or practices that force persons with disabilities to live in segregated and institutional settings against their will;
4. Lack of accessible information about services to support living independently and about what the rights and responsibilities of persons with disabilities are with respect to accessing those services and supports;
5. Lack of accommodations to facilitate communication by persons with disabilities, especially persons who are blind, deaf, or deafblind; persons with intellectual disabilities; and persons with learning disabilities; and
6. Negative attitudes and stigma in society about the ability of persons with disabilities to live where and with whom they choose and to make decisions for themselves.

Legal Capacity and Supported Decision-Making to Live Independently

The Convention on the Rights of Persons with Disabilities (CRPD) addresses the right to equal recognition before the law and confirms that persons with disabilities “enjoy legal capacity on an equal basis with others in all aspects of life.”

Historically, many persons with disabilities have been subjected to laws and practices that deprived them of their legal capacity and consequently of their autonomy and freedom to choose how and where to live their lives.

Of particular concern is the fact that persons with disabilities are often subjected to the decision-making of other people. Even when substitute decision-makers act in good faith and with good intentions, such practices still deny persons with disabilities the right to make their own decisions.

The Convention on the Rights of Persons with Disabilities (CRPD) seeks to correct this approach by recognizing the legal capacity of persons with disabilities and providing measures to support their right to exercise their legal capacity.

Some persons with disabilities require no support in making decisions while others may need intensive support. Regardless of the level of support needed, States must ensure that this support is not abusive and does not infringe the person’s human rights.

States must 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,” as well as to not be arbitrarily deprived of their property.

These measures are important because living independently in the community can be difficult to achieve without the ability to access and control financial and property resources.

Supported Decision-Making for Persons with Disabilities

Increasingly, countries around the world are moving away from substituted decision-making models, where other people make decisions on behalf of persons with disabilities, to supported decision-making, where persons with disabilities themselves make their own decisions, utilizing the support of others if and when they request it.

This approach attempts to respect the inherent dignity of persons with disabilities and avoid paternalism. Though potentially useful for anyone requiring help to make decisions, it is particularly relevant for persons with psychosocial or intellectual disabilities, who historically have been forced to comply with substituted decision-making.

The following may be helpful for those interested in ensuring that supported decision-making activities respect the rights of persons with disabilities:

1. the right to be respected for their inherent decision-making abilities;
2. the right to develop authentic decision-making voices;
3. the right to receive support where they request it;
4. the right to genuine choices and options and to make decisions based on those options; and
5. the right to be able to make mistakes.