CRPD/C/GC/6 H. Article 14 on liberty and security of the person, article 15 on freedom from torture or cruel, inhuman or degrading treatment or punishment, article 16 on freedom from exploitation, violence and abuse, and article 17 on protecting the integrity of the person 56. Persons with disabilities can be disproportionately affected by violence, abuse and other cruel and degrading punishment, which can take the form of restraint or segregation as well as violent assault. The Committee is particularly concerned about the following acts committed against persons with disabilities, including children on the grounds of impairment, which by definition are discriminatory: separation of children with disabilities from their families and forced placement in institutions; deprivation of liberty; torture or cruel, inhuman or degrading treatment or punishment; violence; and the forced treatment of persons with disabilities inside and outside of mental health facilities. States parties must take all appropriate measures, to provide protection from and prevent all forms of exploitation, violence and abuse against persons with disabilities. Forced corrective disability treatments should be prohibited. I. Article 19 on living independently and being included in the community 57. Article 19 of the Convention reaffirms non-discrimination and recognition of the equal right of persons with disabilities to live with full inclusion and participation independently in the community. In order to realize the right to live independently and be included in the community, States parties must take effective and appropriate measures to facilitate the full enjoyment of the right and the full inclusion and participation of persons with disabilities in the community. This involves implementing deinstitutionalization strategies and, in accordance with the Committee’s general comment No. 5 (2017) on living independently and being included in the community, allocating resources for independent living support services, accessible and affordable housing, support services for family carers and access to inclusive education. 58. Article 19 of the Convention recognizes the right not to be obliged to live in a particular living arrangement on account of one’s disability. Institutionalization is discriminatory as it demonstrates a failure to create support and services in the community for persons with disabilities, who are forced to relinquish their participation in community life to receive treatment. The institutionalization of persons with disabilities as a condition to receive public sector mental health services constitutes differential treatment on the basis of disability and, as such, is discriminatory. 59. Eligibility criteria and procedures for gaining access to support services must be defined in a non-discriminatory way and must focus on the requirements of the person rather than the impairment, following a human rights-based approach. The development of support services should be person-centred, age- and gender-sensitive and culturally appropriate. 60. States parties should prohibit and prevent third parties from imposing practical or procedural barriers to living independently and being included in the community, for example by ensuring that services are in line with independent and community living and that persons with disabilities are not denied the possibility to rent or disadvantaged in the housing market. J. Article 23 on respect for home and the family 61. Persons with disabilities often face discrimination in the exercise of their right to marry or their parental and family rights owing to discriminatory laws and policies, and administrative measures. Parents with disabilities are frequently seen as inadequate or unable to take care of their children. Separation of a child from his or her parents based on the disability of the child or parents or both is discrimination and in violation of article 23. 14

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