Article 19: cross-cutting provisions Discussions during the expert meeting highlighted that Article 19 can be approached as an overarching goal of the CRPD. Reflecting this, indicators draw on other key themes of the convention, with a specific focus on different elements of participation and the extent to which persons with disabilities are involved in decision-making processes. ISSUE STRUCTURAL INDICATOR PROCESS INDICATOR OUTCOME INDICATOR CRPD accession Has the EU Member acceded to the CRPD without a reservation or declaration to Article 19? Has there been a review of existing legislation to assess the EU Member State’s compliance with Article 19 of the CRPD? Have existing legal acts been amended or new legislation adopted to ensure compliance with Article 19 of the CRPD? Action plan/strategy Does the EU Member State have a strategy/action plan in place which includes measures for the transition from institutional care to community based support? Does the strategy/action plan set out particular actions for specific: impairment groups (if so, which?) age groups? (if so, which?) Does the strategy/action plan set out concrete targets and a timeframe in which they are to be met? Is there a mechanism in place to monitor the implementation of the strategy/action plan? How much budget has been allocated, annually since 2010, for the implementation of the strategy/action plan? Have the targets in the strategy/action plan been met?
family support (counselling, respite care, early intervention); residential; in-home; others (informal support, peer support, day care etc.) different administrative region? How many of these requests have resulted in support services being transferred?
Eligibility for community support services Is there a legal provision that stipulates restrictions on eligibility for community support services based on certain criteria? What are the criteria? Criteria include: age, type of impairment, degree of impairment, family situation, income level. Do the same criteria apply for different types of support? Types of support service include: personal assistance; residential; family support (counselling, respite care, early intervention); in-home; others (informal support, peer support, day care, voluntary work, etc.) Does the legal provision allow eligibility decisions to be challenged? Does the legal provision specify how regularly eligibility should be reviewed? Is there a legal provision that stipulates restrictions on eligibility for personal budgets/direct payments based on certain criteria? What are the criteria? Criteria include: age, type of impairment, degree of impairment, family situation, income Does the legal provision allow eligibility decisions to be challenged? How many decisions regarding eligibility for support have been challenged, annually since 2010? How many of these have been overturned?
Does the legal provision specify how regularly eligibility should be reviewed? User control Is there a legal provision providing that persons with disabilities, irrespective of age and type of impairment can choose: type of support service provided; extent of support provided; provider of support service; changes in the support? Types of support service include: personal assistance; residential; in-home; others (informal support, peer support, day care, voluntary work, etc.) Are there mechanisms in place to ensure the person’s will and preferences, irrespective of age and type of impairment, are taken into account in choosing: type of support service provided; extent of support provided; provider of support service; changes in the support? Does the procedure for providing community support services include of needs, irrespective of age and type of impairment? Is information about different types of services and quality of services provided in accessible formats?
Is there a legal right to request provision of: adjustments to buildings; financial aid for adjustments to buildings; assistive devices (mobility aids, assistive technology) to enable children with disabilities, irrespective of the child’s impairment, to live with their families? What are the criteria for assessing eligibility to receive: physical adjustments; financial aid for such adjustments; assistive devices (mobility aids, assistive technology) for the chosen place of residence? How much budget has been allocated, annually since 2010, for adjustments to buildings, financial aid for adjustments to buildings and assistive devices to enable children with disabilities to live with their families? How many families of children with disabilities were granted annually since 2010, adjustments to buildings, financial aid for adjustments to buildings and assistive for their place of residence? Provide information by: type of impairment, level of support needs, gender Informal support Are informal community support services legally recognised as a type of support? Types of informal support services include: care for children with disabilities; caring for elderly or other family members with support needs; voluntary work? How much budget has been allocated, annually since 2010, to informal support services? Is training available for providers of informal community support services for persons with disabilities? Article 19(c): General services