Are Cutbacks to Personal Assistance Violating Sweden’s Obligations under the UN Convention on the Rights of Persons with Disabilities?

Article 19 of the UN Convention on the Rights of Persons with Disabilities requires statesto ensure that disabled people can choose where and with whom they live with access to a rangeof services including personal assistance. Based on qualitative research of the implementationof Article 19 in Nordic countries, this paper focuses on Sweden, which was at the forefront ofimplementing personal assistance law and policy and has been the inspiration for many Europeancountries. Instead of strengthening access to personal assistance, this study found that since theSwedish government ratified the Convention in 2008, there has been an increase in the numbers ofpeople losing state-funded personal assistance and an increase in rejected applications. This paperexamines the reasons for the deterioration of eligibility criteria for accessing personal assistance inSweden. The findings shed light on how legal and administrative interpretations of “basic needs”are shifting from a social to a medical understanding. They also highlight a shift from collaborativepolicy making towards conflict, where courts have become the battleground for defining eligibilitycriteria. Drawing on the findings, we ask if Sweden is violating its obligations under the Convention.
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