The Right to Independent Living for Persons with Disabilities

A recent article reported that 13 people with intellectual disabilities would be moved from an institution in Nicosia, Cyprus and reintegrated back into the community.  The institution is set to close by May 2013.  The 8 men and 5 women had been in the institution for an average of 15 years, many since childhood.  Cyprus’ Ministry of Health concluded that the individuals did not represent a danger to themselves or to others and could be reintegrated safely into community-based care.  The reintegration programme will occur over the course of two years, transferring individuals into community-based homes with 24-hour care.

The article highlights an important human rights issue impacting persons with disabilities. Institutionalization poses significant risks of abuse and mistreatment.  A 2011 ombudsman report criticized the institution for failing to meet international human rights standards and to provide proper care.  As Cyprus’ Health Minister Androulla Agrotou rightly stated, “respect for human rights requires immediate de-institutionalisation and reintegration into society, with full respect for human dignity and inalienable rights.”[1]

Institutionalization is the wrong approach to providing care for persons with disabilities, and yet it remains fairly common throughout the world.  In many countries, persons with disabilities are placed in institutions and virtually forgotten by society.  Institutions often foster neglect, mistreatment and various forms of abuse.  Article 19 of the Convention on the Rights of Persons with Disabilities, affirms that persons with disabilities have a right to live within the community.[2]  Of course, community-based solutions also require vigilance to protect the rights of persons with disabilities, as caregivers can also be perpetrators of abuse.  Nevertheless, community-based approaches can provide a more supportive and healthy living environment for persons with disabilities.  Persons with disabilities have a right according to international law to choose where they live and automatically institutionalizing people takes away this right.  Further, denying a person the right to independent living limits the enjoyment of other rights, such as the right to education and employment.  Human rights represents a system of interconnected rights and denying one right can have repercussions for many others.

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[1] Maria Christofide, “People with learning disabilities to be moved from mental hospital,” Cyprus Mail, 19 January 2013, http://www.cyprus-mail.com/cyprus/people-learning-disabilities-be-moved-mental-hospital/20130119.

[2] For more on the right to community living, refer to Mental Disability Advocacy Center’s webpage on “Community Living.”