8. Do safeguards exist to ensure that, when persons with disabilities in institutions have the choice as to whether to stay or to leave, they stay only under their own volition?
In just over a third (12) of the countries replying to this question do such safeguards exist. However, even when such safeguards exist, they may not actually be that effective: “Centres for social welfare have this mandate, but they are overloaded with work and usually it takes too much time to fulfil a person’s need/request” (Bosnia and Herzegovina).
However, no such safeguards exist in seven countries (Croatia, Finland, Ireland, Kosovo, Macedonia, Mexico and Slovakia). That is, in the worst case, even if the choice of leaving an institution exists, a disabled person may never be able to exercise it.
Perhaps of as much concern should be the number of countries, 15 and both California and New York state, where there were qualifications. Indeed, how much of a choice is there, in reality, when “the finance to support social inclusion is not sufficient” (France), or “an alternative in the community will most probably not be offered” (Israel).
Every institution is, for example, screened annually by an independent body. Persons with disabilities are always given the choice as to whether to stay or to leave.
Institutions may not be screened, or persons with disabilities in those institutions may not be informed of their freedom to choose as to whether they want to remain in them.
nstitutions are not screened and persons with disabilities therein have no freedom of choice as to whether they re- main there or not.
 Albania (ALB) |
Not informed of their freedom to choose |
 Argentina (ARG) |
Free choice as to whether to stay or to leave |
 Australia (AUS) |
Not informed of their freedom to choose |
 Austria (AUT) |
Free choice as to whether to stay or to leave |
 Belgium – Federal State Walloon (BEL) |
Free choice as to whether to stay or to leave |
 Bosnia and Herzegovina (BIH) |
Free choice as to whether to stay or to leave |
 Bulgaria (BUL) |
Free choice as to whether to stay or to leave |
 Canada (CAN) |
Not informed of their freedom to choose |
 Croatia (CRO) |
No choice as to whether to stay or to leave |
 Czech Republic (CZE) |
Free choice as to whether to stay or to leave |
 Denmark (DNK) |
Free choice as to whether to stay or to leave |
 Estonia (EST) |
Not informed of their freedom to choose |
 Finland (FIN) |
No choice as to whether to stay or to leave |
 France (FRA) |
Not informed of their freedom to choose |
 Germany (DEU) |
Not informed of their freedom to choose |
 Hungary (HUN) |
Not informed of their freedom to choose |
 Ireland (IRL) |
No choice as to whether to stay or to leave |
 Israel (ISR) |
Not informed of their freedom to choose |
 Italy (ITA) |
Free choice as to whether to stay or to leave |
 Kosovo (RKS) |
No choice as to whether to stay or to leave |
 Macedonia (MKD) |
No choice as to whether to stay or to leave |
 Mexico (MEX) |
No choice as to whether to stay or to leave |
 Montenegro (MNE) |
Not informed of their freedom to choose |
 Netherlands (NED) |
Free choice as to whether to stay or to leave |
 Portugal (POR) |
Not informed of their freedom to choose |
 Romania (ROU) |
Not informed of their freedom to choose |
 Serbia (SRB) |
Not informed of their freedom to choose |
 Slovakia (SVK) |
No choice as to whether to stay or to leave |
 Slovenia (SLO) |
Free choice as to whether to stay or to leave |
 South Africa (RSA) |
Not informed of their freedom to choose |
 Spain (ESP) |
Not informed of their freedom to choose |
 Sweden (SWE) |
Not informed of their freedom to choose |
 Switzerland (SUI) |
Free choice as to whether to stay or to leave |
 Turkey (TUR) |
 |
 United Kingdom (UK) |
Free choice as to whether to stay or to leave |
 United States – California (US CA) |
Not informed of their freedom to choose |
| United States – New York (US NY state) |
Not informed of their freedom to choose |
