Personal Assistance Services

Article 19(b) of the Convention establishes the right of people with disabilities to “access” all kinds of auxiliary services. Providing access to such services presupposes their availability and accessibility within the reach of all people with disabilities who need them. Article 19(b) of the Convention refers to services provided “in the home, community-based and other community-based support services, including personal assistance,” as well as to their provision when they are “necessary,” viz: “to support living in and participating in the community,” and “to avoid isolation or segregation from the community.”

The establishment of such criteria leads to the need to create standards in the provision of personal assistance, defining the minimum level necessary for integration into society.

In order to fully participate in society, people with disabilities need a variety of supports. Such support must provide them with the full range of choices available to other members of society, and cannot be strictly limited to the capabilities of a particular service provider. The assistance that a person with a disability may need in various spheres of life, such as finding and keeping a job, choosing a food system, spending money, traveling, and establishing relationships with other people, must be of a strictly neutral nature. The person should be able to accept or refuse such assistance in favor of another alternative. Such support should strengthen relationships, not hinder them (e.g., people may lose their right to personal assistance if they marry or have children). Support services should measure the effectiveness of their work by assessing the success of meeting the needs and desires of their service users, aiming at their full participation in society.

The selection and monitoring of the means of support necessary for the participation of people with disabilities in society is of great importance, and this is particularly true for personal assistance. This is due to the fact that such services are used by people who need the maximum amount of support, such as daily care, which involves a very close and personal interaction with outsiders. This is why the personality of the caregiver and the relationship between the caregiver and the person in need of support is so important. People with disabilities must be able to have full control over the hiring, employment, supervision, evaluation and dismissal of their personal assistants, and for this they may need access to the independent planning and coordination services necessary to draw up and implement social adaptation plans, as well as access to rights protection services for people with disabilities to enable them to navigate the system and advocate for their interests.