From care and welfare to independent living? Interpreting and assessing the human right to live independently and be included in the community

The human right of disabled people to live independently and be included in the community is established in Article 19 of the Convention on the Rights of Persons with Disabilities. One element of the right is access to support services and personal assistance, consistent with disability rights activism that established ‘independent living’ as the goal of care and support policy. This contrasts with traditional approaches to the provision of ‘care’ and ‘welfare’ in institutions and the community that undermine disabled people’s self-determination. However, the independent living approach has been criticized on several bases, including its under-emphasis on interdependence and individual and cultural differences. This chapter examines whether Article 19, and guidance on its implementation issued by the UN Committee on the Rights of Persons with Disabilities, can support the realization of independent living for disabled people worldwide while avoiding the shortcomings of earlier formulations of that approach.