Decision adopted by the UN CRPD Committee against Finland under article 5 of the Optional Protocol, concerning CRPD art 5, 14 and 19

The UN CRPD Committee found that the fact that the relevant domestic authorities in Finland rejected the author’s application for personal assistance on the basis of resource criteria is indirect discrimination against persons with intellectual disabilities as it had the effect of impairing or nullifying the author’s enjoyment and exercise of the right of living independently and being included in the community on an equal basis with others, in violation of his rights under article 5 (1) and (2) read alone and in conjunction with article 19 of the Convention on the Rights of Persons with Disabilities.

The Committee, acting under article 5 of the Optional Protocol, is of the view that the State party has failed to fulfil its obligations under article 19 and article 5 (1) and (2), read alone and in conjunction with article 19 of the Convention.