The Brazilian government, in its upcoming plan for people with disabilities, should set out concrete plans for deinstitutionalization, Human Rights Watch said today. The plan, to be released in October 2023, is a timely opportunity to create a system that would enable people with disabilities to live independently in the community.
“Now that Brazil is reintroducing its plan for the rights of people with disabilities, it has a critical opportunity to address the harm of being warehoused in institutions and institution-like facilities.”
One initiative that has been underway in Brazil is the inclusive residences program for people with disabilities who have moved out of large institutions. Although inclusive residences are intended to provide better individualized support than large institutions because they are supposed to admit no more than 10 people, they still deny people with disabilities their rights to legal capacity, to live independently, and to make decisions for themselves.
At an institution in Brasilia,interviewed a woman, with staff permission, who had been previously interviewed in 2016. She gave Human Rights Watch her consent to record the interview. But when researchers began to record, a staff member stopped them saying: “She does not have autonomy to decide for herself. You need a court order to give you permission to make a recorded interview.”
On September 5 and 6, Human Rights Watch met with public authorities responsible for implementing the new plan, who said the federal government plans to build 200 more inclusive residences. Instead, the government should establish a concrete and time-bound plan for de institutionalization, shifting directly to community-based support for people with disabilities, and ensuring that all investment is directed to this end, Human Rights Watch said. The Brazilian federal government should also review the inclusive residence program to ensure that such residences facilitate independent living, rather than serve as substitutes for institutions.
The United Nations Committee on the Rights of Persons with Disabilities, which monitors the international Convention on the Rights of Persons with Disabilities, recommended in 2015 that the Brazilian government should create more community alternatives for people with disabilities to exercise the right to live independently. Community-based alternatives include diverse services like personal assistants, accessible and affordable housing, and supported decision making, among others.
Many other countries are seeking community-based alternatives. For example, Kazakhstan and Moldova have piloted independent living programs that may serve as models for such programs. The Brazilian government should also establish a working group, in close consultation with organizations of people with disabilities, to develop policies that support alternatives for independent living.