An International Framework for Rights and Services

A landmark change in the concept of disability, now grounded firmly in human rights, occurred in 2006 with the adoption of the Convention on the Rights of Persons with Disabilities. The Convention codified a shifting in mentality away from an approach to disability that assumes impairments exist within an individual and require medical treatment or rehabilitation, to the view that the interaction between impairments and the barriers that exist in society result in disability, so action must be taken to reduce these barriers. Through its detailed framework of economic, social and cultural rights, the Convention positions persons with disabilities as rights-bearers entitled to and capable of exercising key freedoms in society. The Convention outlines the way States Parties should provide environments conducive to exercising such freedoms, alleviating the burden for individuals and highlighting the shared responsibilities of communities and Governments. 

Twelve Arab countries have reported to the UN Committee on the Rights of Persons with Disabilities, to which States Parties are expected to report on the measures they have taken to fulfil their obligations under the Convention. Comoros, Egypt, Libya,[1] the State of Palestine, Syria and Yemen have not yet submitted their first reports to the Committee.[2]  However, those reports which have been submitted have rarely addressed institutionalization, with States Parties focusing instead on improvements in rehabilitation, education, employment and accessibility to public spaces, as well as on raising public awareness to counteract cultural stigma and discrimination.

Monitoring the implementation of Article 19 poses a distinct challenge, as the article is closely tied to civil and political rights, which must be protected immediately, as well as economic, social, and cultural rights, which can be progressively realized. The principle of progressive realization, stated in Article 4 of the Convention, acknowledges that due to context-specific challenges, State parties may need time to generate action plans and strategies. This is affirmed by Committee guidance that acknowledges implementing Article 19 may require lengthy structural transitions.[3]As stated prior, this is relevant to many Arab countries, in which the immediate closure of institutions may be unrealistic due to armed conflicts, poor infrastructure, or a lack of resources. Such circumstances do not exempt Governments from action, but rather call attention to the need of State Parties to actively create plans addressing the inclusion of persons with disabilities in society, of which deinstitutionalization should be a component.

The issue of institutionalization is closely related to several of the Convention’s other articles.  The practice of institutionalization and the provision of isolated care denies persons with disabilities the ability to participate in many key elements of society, such as in family life (Article 23), the workforce (Article 27) and political systems (Article 29).

Article 19 also shares strong links with Article 12 on equal recognition before the law. Both prior to and throughout the institutionalization process, many individuals with disabilities are denied legal capacity, or the ability to exercise their rights through making substantive decisions about their own lives.[4] This is particularly true for persons with psychosocial disabilities living in institutions, as mental health legislation often contains provisions allowing for decisions to be made on their behalf, including decisions about the length of stay in institutions and the type of treatment received. A denial of legal capacity also often bars persons with disabilities from owning property, opening bank accounts, and voting, all critical modes of community participation.

Broadly, the practice of institutionalization is discrimination, stigma, and inaccessibility. Negative views of disability contribute to assumptions that persons with disabilities cannot or should not live in communities on an equal basis to others, contributing to the provision of institutionalized care and the failure to make public spaces and facilities universally accessible. In this sense, Article 19 seeks to address issues also touched upon by Article 5 on non-discrimination, Article 8 on awareness raising, and Article 9 on accessibility.


[1] Libya only ratified the Convention in February 2018.

[2] UNOHCHR, n.d.

[3] CRPD, 2017d.

[4] Mental Health Europe, 2012.