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Module 4. Privacy, Integrity, Home, and Family
The Duty to Respect, Protect, and Fulfil Obligations Relating to the Rights of Persons with Disabilities to Live Independently and with Dignity in the Community

States’ obligations with regard to the right of persons with disabilities to live independently and with dignity in the community include:

  1. Obligation to respect:

    States must respect the right to work by ensuring that State actors, such as government officials, do not interfere with the exercise and enjoyment of the right to live independently and in the community by persons with disabilities.

    Example: The State reviews its laws and policies to ensure that a person with a disability is not required to live in an institution in order to access rehabilitation or educational services.

    Example: The State enacts a law to ensure that a person with a disability is not barred from living in a public housing complex.

  2. Obligation to protect:

    States must ensure that non-State actors, such as businesses and families, do not interfere with the exercise and enjoyment of the right to live independently.

    Example: The State monitors supported decision-making procedures in health care provision.

  3. Obligation to fulfil:

    States must take positive action to ensure that persons with disabilities are able to exercise the right to live independently.

    Example: The State reallocates funding from segregated institutional settings to community-based living options that provide adequate support for persons with disabilities to live independently in their community.

In sum, international human rights law strongly supports the right of persons with disabilities to live independently and with dignity in the community. The enjoyment of these rights contributes to the enjoyment of other human rights by persons with disabilities.

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