NGO Comments on the draft text
Draft article 23 - Social Security and an Adequate Standard of Living

Intervention by (Australian) National Association of Community Legal Centres, People with Disability Australia Incorporated, Australian Federation of Disability Organisations

Mr Chairman:

Thank you for the opportunity to address the Ad Hoc Committee.

Many people with disability have much greater needs for social assistance than other members of the community. This includes many specialist services, including personal care, supported accommodation, therapy, equipment, aids and appliances. These are “special measures,” much broader than is encompassed by the term ‘social insurance.’ We therefore urge delegates to replace the term social insurance with the term social assistance in the second line of the chapeau as suggested by footnote 99.

Given that the measures outlined in this article will be, in the main, special measures, there are conceptual problems with the reference to the “enjoyment of this right without discrimination.” This may have the unintended effect of prohibiting the targeting or prioritising of measures for specific population groups. On the other hand, as we have previously submitted in relation to article 7, it is important that the administration of “special” measures is subject to non-discrimination. We therefore believe the chapeau must be carefully redrafted so as to apply the principle of non-discrimination to the administration of “special”measures, but not the policy of the “special” measure itself.

In relation to sub-paragraph (c) we propose that the words “living in situations of poverty” are deleted. The extra costs of disability are a major issue to be addressed even in the most developed countries, where the circumstances of the individuals concerned might not accurately be described as ‘poverty.’ These extra costs are largely related to social and economic participation, and they therefore must be addressed if they are not to act as a disincentive to participation. This measure would be subject to progressive realisation taking into account the resources available to particular States Parties. It is important that developed States also understand the applicability of this article to people with disability and their families within those States. We also urge the deletion of the phrase “which should not become a disincentive to develop themselves.” People with disability will typically require “special” measures in order to develop themselves: “special” measures are not a disincentive to personal development, they are a precondition for it.

In relation to (d) we urge delegates to base this provision on universal housing design, by inserting the words “through universal design” after the word “ensure.”

Thank you.