A unifying inclusion, a divisive institution? For a grounded, pragmatic and gradual reading of deinstitutionalisation

Résumé 0

This essay starts with the idea that a healthy and calm debate on the notions of institutionalisation and deinstitutionalisation in the field of disability cannot be achieved without first clarifying these conceptually, nor without linking them to the background of the underlying ideas/values (inclusion, autonomy), in particular in the context of individualistic societies. We will begin our discussion by clarifying our position, we will then divide our subject into three parts. The first part gives a succinct overview of the system of the UN Convention on the Rights of Persons with Disabilities (that is, the Convention itself and the interpretation suggested by the Committee on the Rights of Persons with Disabilities) based on three pairs of key concepts: disability and equality, institutions and deinstitutionalisation and autonomy and inclusion. In the second part we suggest putting the Convention system into perspective, first by returning to the text and then by expanding the focus to include other legal interpretations in addition to the rights of other actors. In the third and final part, we consider the future by proposing an approach to deinstitutionalisation that is not radical but pragmatic, gradual and grounded, and that seriously considers the indeterminacies attached to words and the diversity of situations in which people live. In short, by attempting to formulate questions and avenues, this essay aims to strengthen and make practicable the pursuit of an essential normative horizon: the fight against all unacceptable forms of segregation and intervention in the lives of others.