Human Rights and Disability A Manual for National Human Rights Institutions Autonomy and liberty rights A number of articles, individually and collectively, reinforce the right of persons with disabilities to be the author of their own lives, with choices equal to others, including: • Equal recognition before the law and legal capacity (article 12), which requires States parties to prohibit the deprivation of legal capacity on the grounds of disability and to transition from ‘substitute’ to ‘supported decision-making’ in law and practice • Living independently and to be included in the community (article 19), which requires States parties to ensure that persons with disabilities enjoy choices equal to others with respect to where and with whom they live and to not be obliged to live in a particular living arrangement • Liberty and security of the person (article 14), which requires States parties to prohibit the deprivation of liberty on grounds of disability (see Chapter 2 for more information) • Freedom of movement and nationality (article 18) • Freedom of expression and opinion (article 21), which requires action by States parties to support persons with disabilities to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice and to urge private entities and media outlets to provide information and services in accessible formats • Respect for privacy (article 22), with particular emphasis on protecting the privacy of personal, health and rehabilitation information of persons with disabilities • Respect for home and the family (article 23), including the rights of persons with disabilities to get married, to retain their fertility, to have and bring up children and the equal right of children with disabilities to a family life. Equality and non-discrimination Equality before and under the law (article 5) demands the prohibition of discrimination on the basis of disability with respect to all the rights in the UN CRPD. It covers both public and private sectors and includes denial of ‘reasonable accommodation’. Article 5 provides a framework to investigate the extent to which all of the rights are realised for persons with disabilities “on an equal basis with others”. Participation rights The following articles concern the right of persons with disabilities to full inclusion and effective participation in community life: • Participation in political and public life (article 29) includes the right to vote and to be elected, as well as the right to accommodations and support in relation to exercising the right to vote and wider participation in political and public life • Participation in cultural life, leisure and sport (article 30), includes access to cultural events, television and the media, and ensuring that laws regarding intellectual property rights do not create barriers of access to cultural materials by persons with disabilities and promote access to mainstream sport, leisure and recreation. • Education (article 24), which promotes the inclusion of children and adults with disabilities in the general education system and a shift away from segregated schools • Work and employment (article 27) which promotes access to the open labour market for persons with disabilities and a shift away from ‘sheltered’ employment 44