Brazil’s Disability Plan: Towards an Inclusive Society for All

Disability Plan Should End Warehousing

Plan Should Focus on Independence, not Institutionalization

The Brazilian government is set to release its upcoming plan for people with disabilities in October 2023. However, Human Rights Watch is calling on the government to include concrete plans for deinstitutionalization in this plan. Currently, thousands of people with disabilities in Brazil are living in institutions or inclusive residences under prison-like conditions. These institutions and residences do not provide individuals with disabilities the opportunity to live independently or make decisions for themselves. This is a critical opportunity for Brazil to address the harm caused by institutionalization and create a system that enables people with disabilities to live independently in the community.

Failure to Address the Situation

The Brazilian government’s second disability policy plan, Viver sem Limites II (“Living Without Limits II”), does not currently address the situation of people with disabilities living in institutions. Despite the plan’s emphasis on human dignity, ending discrimination, and promoting full citizen participation, the issue of warehousing people with disabilities in institutions is not adequately addressed. This failure to address the situation is a glaring omission and undermines the government’s commitment to the rights of people with disabilities.

The Flawed System of Inclusive Residences

One initiative in Brazil to address the issue of institutionalization is the inclusive residences program for people with disabilities who have moved out of large institutions. While these residences are intended to provide better individualized support, they still fall short in granting people with disabilities their rights to legal capacity, independent living, and decision-making. These residences continue to deny individuals with disabilities meaningful control over their lives, as staff members determine their schedules and activities.

During a recent visit to institutions in Brasilia and São Paulo, Human Rights Watch found that residents were not given adequate living options to exercise autonomy. In one case, researchers were stopped from recording an interview with a woman in an institution because she did not have the autonomy to consent. This highlights the restrictive and controlling nature of these institutions.

Building a Concrete Plan for Deinstitutionalization

Human Rights Watch has urged the Brazilian government to establish a concrete and time-bound plan for deinstitutionalization. Instead of investing in more inclusive residences, the government should prioritize community-based support for people with disabilities. This shift would ensure that individuals have the opportunity to live independently and make decisions for themselves.

The inclusive residence program should also be reviewed to ensure that it facilitates independent living rather than serving as a substitute for institutions. The goal should be to provide diverse services, such as personal assistants, accessible and affordable housing, and supported decision-making, among others, to enable people with disabilities to live in their communities with dignity and autonomy.

International Recommendations and Examples

The United Nations Committee on the Rights of Persons with Disabilities has previously recommended that the Brazilian government create more community alternatives for people with disabilities to exercise their right to live independently. Other countries, such as Kazakhstan and Moldova, have piloted independent living programs that could serve as models for Brazil.

In addition, Human Rights Watch suggests that the Brazilian government establish a working group in consultation with organizations of people with disabilities to develop policies that support alternatives for independent living. By engaging with those directly affected, the government can ensure that its policies are inclusive and reflect the needs of the disability community.

A Call for Action

As Brazil prepares to release its disability rights plan, titled Viver sem Limites II, it must pledge to progressively end institutionalization and prioritize the creation of a more inclusive society. Failing to address the issue of warehousing people with disabilities would render the title of the plan an empty promise. It is essential for the government to seize this opportunity and take concrete steps towards deinstitutionalization, ensuring the rights and independence of people with disabilities are respected and protected.

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