• Article 19 of the UN Convention Persons with Disability - Living independently and being included in the community

States that are party to this Convention recognise the equal right of all people with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:

a.  People with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;

b. People with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;

c. Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

The right to live independently and be included in the community is guaranteed by this Article and protected under EU law, in particular through the prohibition of discrimination on the grounds of disability (Article 21 of the Charter of Fundamental Rights of the EU) and the principle of integration of people with disabilities (Article 26 of the Charter).

In his article "Independent Living Empowers People with Disabilites", Dr Adolf D. Ratzka of the Independent Living Institute Stockholm says: "Independent Living does not mean that we want to do everything by ourselves or that we do not need anybody or like to live in isolation. Independent Living means that we demand the same choices and control in our everyday lives that our non-disabled brothers and sisters, neighbours and friends take for granted. We want to grow up in our families, go to the neighbourhood school, use the same bus as our neighbours, work in jobs that are in line with our education and interests, and raise families of our own. We are profoundly ordinary people sharing the same need to feel included, recognized and loved."

According to traditional thought, disabilities were impairments to be cured through medical intervention. The Independent Living Model sees the problem differently and understands disability as a construct of society. In this model, the problem lies in the environment, not the individual. Though many people have physical, intellectual, or mental attributes that deviate from the 'norm', disability is manifested in society through purposefully created and maintained physical, programmatic, and attitudinal barriers.

Living independently means exercising freedom of choice and control over decisions affecting one's life with the same level of independence and interdependence within society on an equal basis with others. Consequently, Article 19 refers to "living independently and being included in the community" as one right, where autonomy and inclusion are mutually reinforcing and jointly avoid segregation (quoted from the study developed under Human Rights Council).

Marthese Mugliette

President

Malta Federation of Organisations People with Disability