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 23

Seleccionar párrafo de destino3