The Right to Independent Living Under the UNCRPD: What It Really Means
The rights we have under Article 19. The Right to Independent Living Under the UNCRPD: What It Really Means
The right to live independently isn't a luxury—it's a fundamental human right. Yet for many disabled people in the UK and beyond, this right remains obstructed by structural barriers, policy failures, and persistent ableism. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) affirms that disabled people have the right to choose where and with whom they live, and to access the support they need to live independently. But how close are we to making that vision a reality?
What Article 19 of the UNCRPD Says
Article 19 of the UNCRPD sets out the right of disabled people to live independently and be included in the community. It guarantees:
The freedom to choose where and with whom to live
Access to in-home, residential, and community support services
Full inclusion and participation in community life
In short, it affirms that disabled people should have the same control over their lives as non-disabled people.
The UK ratified the UNCRPD in 2009. That means it's legally bound (in principle) to uphold these rights. But in practice, many disabled people are still denied true independence.
The Reality in the UK: A System That Undermines Independence
Despite the commitment to the UNCRPD, social care and welfare systems in the UK often do the opposite of enabling independence. Chronic underfunding of social care, restrictive eligibility criteria, and the move toward means-tested support force many disabled people into unsafe, isolating, or institutional environments—not out of choice, but necessity.
For example:
Care packages are frequently cut, leaving people without enough support to cook, bathe, or leave the house.
Direct payments—intended to give people control over their own support—are mired in bureaucracy and often offered only to those who can navigate a complex system.
Some are effectively trapped in residential institutions, simply because there's no funding or infrastructure to support them living in the community.
Independent Doesn’t Mean Alone
A common misconception about "independent living" is that it means doing everything by yourself. In reality, it means having control over your life, with the support, tools, and environment you need to live on your own terms. That could include access to personal assistants, adaptive technology, accessible housing, and inclusive public spaces. Independent living is not about rugged self-sufficiency—it’s about choice, agency, and dignity.
I’ve recently started applying for social housing due to my disability, and even this early stage has been unexpectedly difficult. The process is complex, and with limited accessible or appropriate housing options available, I already know this won’t be easy. The lack of genuinely accessible social housing is one of many barriers that make independent living more of a fight than a right. For many disabled people, it’s not their impairments that prevent independence—it’s the systems built around them.
The Impact of Policy and Language
When the state promotes narratives of dependency and cost-cutting, the idea of disabled people living independently is often treated as unrealistic or too expensive. But in reality, failing to invest in independence is what creates more expensive outcomes—like hospital admissions, institutionalisation, and worsening mental health.
Language also matters. When disabled people are framed as “burdens” or “vulnerable,” it becomes easier to justify restricting their rights “for their own good.” The UN has repeatedly criticised the UK government for this paternalistic and austerity-driven approach, stating that policies have led to "grave and systematic violations" of disabled people’s rights.
One of the most significant cases highlighting the fragility of disabled people's right to independent living in the UK is that of Luke Davey, a man with high support needs who challenged Oxfordshire County Council after it reduced his care package by over 40% following the closure of the Independent Living Fund (ILF) in 2015. The ILF had been a vital source of funding that allowed many disabled people to live autonomously in the community. Despite the dramatic impact of the cuts on Luke’s day-to-day life, the courts ultimately upheld the council’s decision. While technically lawful under the Care Act, the case drew widespread condemnation from disability rights organisations, who argued that the ruling failed to uphold Article 19 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD)—which guarantees the right to live independently and be included in the community. The case starkly illustrates how austerity-driven decisions, even when deemed legally compliant, can still violate disabled people's human rights by stripping away the support needed to maintain autonomy and dignity.
The 2011 Winterbourne View abuse scandal exposed the horrifying treatment of people with learning disabilities and autism in a private hospital near Bristol. Undercover footage revealed widespread physical and emotional abuse, sparking national outrage and government promises to end the use of long-stay inpatient institutions. At the time, ministers pledged to move people into community-based settings within three years. Yet, more than a decade later, hundreds of people remain detained in similar facilities, often far from home and without a clear path to discharge. This ongoing failure not only breaches the spirit of reform but represents a continued violation of Article 19 of the UNCRPD, which affirms the right to live independently and be included in the community. The persistence of institutionalisation—despite clear alternatives—demonstrates how deeply systemic neglect and underinvestment in community care continue to undermine disabled people's rights and autonomy in the UK.
What Needs to Change
To uphold the right to independent living, we need:
Adequately funded, co-produced social care systems
Accessible housing that meets a range of needs
Fair, person-led assessments that assume capacity and respect choice
A cultural shift that recognises independence as a right, not a reward
Conclusion: Independence Is a Right, Not a Privilege
The right to independent living is not a fringe issue—it is core to disabled people’s dignity, safety, and equality. The UNCRPD provides a powerful framework, but unless it’s reflected in law, policy, and practice, it remains just words on paper.
If we want to build a society where everyone can thrive, we must stop treating independent living as an aspiration and start treating it as the right it truly is.