The Crucial Link Between Support and Rights for People with Disabilities and Older Adults
A new care system proposal is facing scrutiny for potentially replicating the shortcomings of traditional, charity-based models of support. Critics, including Human Rights Watch, warn that the current approach risks treating individuals as passive recipients of care, rather then empowering them as active agents in shaping their own lives and support networks.This is a critical concern, as international human rights standards emphasize the importance of enabling independent living, community participation, and self-determination for all.
These standards, as outlined in the UN Convention on the Rights of Persons with Disabilities and the inter-American Convention on Protecting the Human Rights of Older persons, dictate that support should encompass a range of services – from personal assistance and accessible technology to communication aids and transition support for young adults with disabilities. The Inter-American Court of Human Rights has explicitly recognized support for independent living as a fundamental aspect of the right to care itself.
However, the absence of robust support systems can have devastating consequences, leaving individuals vulnerable to violence and abuse, notably within their own homes.A recent Human Rights Watch report, “Better to Make Yourself Invisible,” documented instances of neglect and mistreatment of people with disabilities in Mexico, frequently enough stemming directly from a lack of viable alternatives to family-provided care. One woman in Mexico City described being effectively imprisoned in her own home, denied the freedom to leave due to the controlling behavior of her relatives who fear for her safety. Her story powerfully illustrates how a lack of independent living options can create environments ripe for coercion and abuse.
“Without access to personal assistance or community-based support, many people with disabilities are forced to remain in family settings where they experience neglect, coercion, or abuse,” explains Ríos Espinosa of Human Rights Watch. ”A comprehensive system of care and support should empower people to report violence and make their own choices about where and with whom to live.”
Currently, the proposed legislation lacks crucial details regarding the specific services to be offered, such as publicly funded personal assistance, and crucially, fails to establish a dedicated budget or a clear framework for long-term system improvement.
A truly effective care and support system must prioritize equality, autonomy, and shared responsibility.It must be fully aligned with international human rights frameworks and actively promote gender equality, enabling women - including those with disabilities and older women – to fully participate in education, employment, and community life.
The ongoing consultation process presents a vital opportunity to strengthen the bill and ensure it reflects the lived experiences of those it intends to serve. Only by centering the voices of people with disabilities, older adults, caregivers, and support providers can we transform the right to care and support from a mere promise into a tangible reality.
