133.
The right to person liberty, established at Article 7 of the American Convention, distinguishes
two regulations, one general and the other specific. 259 While the general one is found in Article 7(1), the specific
part is made up of a series of guarantees that protect the right to not be deprived of liberty illegally (Article
7(2)) or arbitrarily (Article 7(3)), to learn the reasons for the detention and the charges brought against the
person detained (Article 7(4)), to judicial review of the deprivation of liberty (Article 7(5)), and to challenge
the legality of the detention (Article 7(6)). 260 Any violation of paragraphs 2 to 7 of Article 7 of the Convention
would necessarily entail a violation of Article 7(1). 261
134.
In its recent Report on the Situation of Human Rights in Guatemala, the IACHR indicated:
The right of persons with disabilities to independent living and to be included in the
community, according to the CRPD Committee, means on the one hand that said persons are
provided all the necessary means enabling them to exercise choice and control over their lives
and make all decision concerning their lives. 262 On the other hand, this right is related to full
and effective participation and inclusion of persons with disabilities in society, through the
development of inclusive environments. 263 In and of itself, the protection of this right means
that the lives of persons with disabilities take place outside residential institutions of all kinds.
It is not “just” about living in a particular building or setting, it is, first and foremost, about
losing personal choice and autonomy as a result of the imposition of certain life and living
arrangements. 264 In this regard, the CRPD Committee has established that involuntary
commitment due to disability is frequently caused or aggravated by the lack of specific
support, and leads to arbitrary deprivation of liberty. 265 Considering the above, the IACHR
considers that the lack of support and services in the community for people with disabilities
and their families, encourage institutionalization, and consequently, violate the right to live in
the community of people living with this condition of life. 266
135.
The CRPD Committee has indicated that denying the legal capacity of persons with disabilities
and their deprivation of liberty in institutions against their will, without their consent, and with the consent
through substitute decision-making is a practice that “constitute arbitrary deprivation of liberty.” 267 The
European Court has also held that the institutionalization of persons with disabilities in mental health centers
may have a negative impact on their right to personal liberty, in particular when it is done without their consent
or against their will. 268
136.
The CPRD Committee has indicated in its various observations on the member states of the
CPRD that the segregation of persons with disabilities in institutions continues to be a widespread problem. 269
Corte, Case of J. v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 27, 2013. Series C No. 275, para.
125.
260 I/A Court HR. Case of Nadege Dorzema e al. v. Dominican Republic. Merits, Reparations and Costs. Judgment of October 24, 2012. Series
C No. 251, para. 125.
261 I/A Court HR. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 21, 2007. Series C No. 170, para. 54.
262 IACHR. Report on the Situation of Human Rights in Guatemala. Adopted December 31, 2017. Para. 469. Citing: UN Committee on the
Rights of Persons with Disabilities, General comment on article 19: Living independently and being included in the community, CRPD/C/18/1,
August 29, 2017, para. 16(a).
263 IACHR. Report on the Situation of Human Rights in Guatemala. Adopted December 31, 2017. Para. 469. Citing: Id. paras. 16(b) and 19.
264 IACHR. Report on the Situation of Human Rights in Guatemala. Adopted December 31, 2017. Para. 469. Citing: Id., para. 16(c).
265 IACHR. Report on the Situation of Human Rights in Guatemala. Adopted December 31, 2017. Para. 469. Citing: Id., Guidelines on article
14 of the Convention on the Rights of Persons with Disabilities: The right to liberty and security of persons with disabilities, September
2015, para. 8.
266 IACHR. Report on the Situation of Human Rights in Guatemala. Adopted December 31, 2017. Para. 469.
267 United Nations, Committee on the Rights of Persons with Disabilities, General Comment No. 1. Article 12: Equal recognition before the
law, May 19, 2014, para. 40.
268 ECHR, H.L. v. United Kingdom. Judgment of May 1, 2005, paras. 91-94.
269 United Nations, Committee on the Rights of Persons with Disabilities, General Comment No. 1. Article 12: Equal recognition before the
law, May 19, 2014, para. 46.
259
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