Deinstitutionalization - UN CRPD - Rights - Disability - Psychiatry - Pandemic - Guidelines - Self-determination - Inclusion - Convention
United Nations Committee on the Rights of Persons with Disabilities. Draft Guidelines on DESINTUTIONALIZATION online
The Committee on the Rights of Persons with Disabilities has put online the Draft Guidelines on the DESINSTITUTIONALIZATION of the world of disability in accordance with the framework of the CONVENTION and in line with the preliminary and concluding observations of the Committee's special rapporteurs. This online publication is configured in six UN languages: English - Arabic - Chinese - Spanish - French – Russian.
It should be noted that this project is part of a general context characterized by the theorized impotence of the decision-making spheres in the face of the unforeseen, the unexpected and the surprised that have taken by surprise the decision-makers, scientists and all the health actors in their political and managerial handicap of the pandemic of covid-19. The measures undertaken in the conception, planning, execution and hazardous organization of confinements, isolation, distancing in concomitance with restrictions of individual and collective liberties must be thought and recognized that they are norms imposed for life to the persons categorized of mental handicap, mental disorders, cognitive alteration... - and all that psychiatric diagnoses lay on cognitions - , especially those who are under constraint of the psychiatric system and in the regime of decision in the name of others. There are lessons to be learned from the serious consequences of deactivating the rights and conventions that protect people, especially those who are, willy-nilly, treated and stigmatized as psychosocially disabled and incapable. The deinstitutionalization as a process and approach is invited to end the stifling and homogenization of people categorized as non-conforming to abstract norms, and by its inclusive social scope, deserves to be placed in a strategic time.
Call for Submissions
Within this framework, The Committee invites all relevant stakeholders, including States parties, right-holders under the Convention, principally persons with disabilities through their representative organizations, other civil society organizations, independent monitoring mechanisms, national human rights institutions, and Human Rights Treaty Bodies and Special Procedures mandate holders, to provide written submissions on the draft Guidelines on Deinstitutionalization, including in emergencies by 30 June 2022.
These Guidelines will complement the Committee’s General Comment No. 5 (2017) on article 19 on the right to live independently and be included in the community, and its Guidelines under article 14 on the right to liberty and security of persons with disabilities. They will provide guidance to parties to the Convention, civil society organizations and other stakeholders to support their efforts to implement the right of persons with disabilities to live independently and be included in the community.
These Guidelines draw on the experiences of persons with disabilities before and during the pandemic, which reported the widespread prevalence of institutionalization of persons with disabilities; the harmful impact of institutionalization on the well-being of persons; and the violence, neglect, abuse, ill-treatment and torture, including chemical, mechanical, and physical restraints, experienced by persons with disabilities in institutions. The pandemic has exacerbated these phenomena, while human rights oversight systems and independent monitoring were limited or suspended.
The process of preparing the Guidelines began in late 2020 and result from a participatory process, which included seven regional consultations organized by the Committee in 2021 for Africa; Asia Pacific; Caribbean and North America; Central and South America; Eastern Europe and Central Asia; European Union, other Western European States and other States; and Middle-East and North Africa. In these consultations, supported by the Global Coalition on Deinstitutionalization, more than 500 women with disabilities, children with disabilities, survivors of institutionalization, persons with albinism, grassroots and self-advocacy organizations, other civil society organizations presented testimonies, experiences, and proposals. In September 2021, the Committee on the Rights of Persons with Disabilities adopted an annotated outline of its Guidelines on Deinstitutionalization.
Written submissions are welcome in English, French and Spanish, working languages of the CRPD Committee.
Written submissions should not go beyond 2000 words, excluding executive summary and footnotes.
Submissions must identify the paragraphs of the draft guidelines on de-institutionalization under comment and indicate suggested changes. General observations and those related to the document structure are also possible; however, stakeholders are encouraged to make specific comments to paragraphs of the draft Guidelines.
When relevant or possible, support sources for comments are welcome, including in footnotes and direct links.