People with disabilities have historically been a constant object of stigma, discrimination and exclusion at both de facto and de jure levels.[1] They are sometimes victims of discriminatory treatment established by the law, and they face social or physical barriers that are invisible for a large part of the society.

Over the years, discrimination, exclusion, restriction, or total deprivation of members of this group have regarded persons with disabilities as second-class citizens and have essentially neglected the need for them to exercise economic or social rights.[2] The effects of such policies have been particularly evident in areas such as housing, social protection, etc.

People with psychosocial and intellectual disabilities are an even more invisible and excluded group in the already vulnerable community. The inability of states and societies to respond to their individual needs and to create decent conditions for them, like other human beings, to live independently and participate in society has led to institutionalization, on the one hand, and homelessness and living in inadequate housing, on the other.[3]

Global challenges are not irrelevant to Georgia either. Unfortunately, despite the international standards, the country has so far failed to transform its existing housing, social protection and disability policies and incorporate human rights-based approaches. The failure of the unified policy resulted in the living of hundreds of people in different specialized facilities, psychiatric institutions, boarding houses or specialized shelters in different regions of Georgia. Unfortunately, despite the declared policy, the state still does not have a general or specific vision and plan for their return to society.

The purpose of this paper is to review the right to adequate housing of persons with psychosocial and intellectual disabilities in the light of both international and national standards, evaluate the practice of institutionalization and the essence of deinstitutionalization in the context of international human rights law, indicate a relationship between two concepts – adequate housing and deinstitutionalization and develop relevant recommendations for state agencies. In order to examine this issue, the study of international standards and good practices of the states was carried out, the analysis of national legislation, policy documents and practices, the information requested from state agencies and secondary sources were carried out.

Given the research theme, this paper consists of four main parts. The first chapter analyzes the issue of prohibition of institutionalization in international human rights law, as well as the essence and principles of deinstitutionalization and the general content of the responsibilities and obligations of the state. The second chapter reviews the content of the right to adequate housing in the light of the needs of persons with psychosocial and intellectual disabilities and the relationship between housing and the deinstitutionalization process. The third part responds to the current situation in Georgia in terms of guaranteeing adequate housing and carrying out deinstitutionalization – its progress and challenges, while the fourth chapter is devoted to summarizing and developing the thematic recommendations for representatives of government agencies.

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