Equality and Human Rights Commission

Article 19 says:

• Disabled people have an equal right to live in and take part in the community.
• Disabled people have the right to the same choice and control as non-disabled people.
• Governments should do everything they can to ensure disabled people enjoy these rights.
• Governments should ensure that:
  • disabled people have the right to choose where they live and who they live with – no disabled person should be unlawfully forced into a particular living arrangement (for example be forced to live in a care home against their will)
  • disabled people have access to a wide range of support services (at home and in the community) including personal assistance to prevent isolation and support inclusion
  • disabled people can access the same community services as everyone else.

What does this mean?

This right makes clear that the aim of social support services should be to enable genuine and meaningful participation of disabled people in the community. When carrying out assessments, social services should not just look at the ability of disabled people to carry out daily living activities, such as washing and getting dressed, but also whether disabled people need support to participate in the community.

It could mean that government and local authorities need to make it easier for disabled people to move to a different local area in England, Scotland or Wales – for example through ensuring continuity of care and support.

The steps that a government can take to enable independent living and full participation in the community are wide-ranging, and are also detailed in other rights listed in the Convention. For example the right to be free from violence (placing a responsibility on police to deal with abuse in your local area) and the right to participate in leisure.