Comments, proposals and amendments submitted electronically

Governments

CANADA

Intervention:

Article 23 - Aug. 9, 2005

Canada, similar to colleagues who have already spoken, recognizes the critical importance of art.23 for persons with disabilities.

We agree with many delegations who have suggested reordering paragraphs 1 and 2 of article 23. However, (and given what I am about to propose, I apologize, Mr. Chairman, for taking the floor so late. It is due to technical difficulties) we would also prefer to see these paragraphs separated into 2 articles, since they deal with different economic and social rights - the right to an adequate standard of living, on the one hand, and the right to social security, on the other. While we agree that these rights are inter-related, we believe that by including them as 2 paragraphs in the same article, we may perpetuate a negative assumption about persons with disabilities. We also note that other rights, for example, the right to work, are also closely related to the adequate standard of living. We believe that our suggestion is consistent with the approach of seeking to create conditions of equal participation and full inclusion by persons with disabilities in all aspects of life through barrier removal and prevention. We therefore invite other delegations to reflect further on the possible separation of these 2 paragraphs.

As we have stated with respect to other articles, Canada believes that this convention should provide for equality and non-discrimination in the enjoyment of all human rights by all persons with disabilities. In this regard, Canada would like to reiterate our firm belief that the rights guaranteed in this convention should be on a basis of substantive equality. We look forward to working on developing the most appropriate language to reflect this commitment. For the moment, we propose that the chapeau of article 23 end with a reference to: "on the basis of equality".

In addition, as we have stated with respect to other articles, Canada strongly believes that this convention should include clear statements of the rights of persons with disabilities that are capable of being interpreted over time to adapt to changing circumstances. In this regard, our strong preference is to avoid lengthy and overly prescriptive lists of specific measures States should take. Such lists may become outdated and be used to limit the more general obligation of States to respect the right.

If the list of measures is included, we would support some of the amendments proposed by the European Union. In addition,
Canada would propose the following specific amendments:

* Sub-para 1a) essentially concerns accessibility and mobility issues and should be dealt with in the context of articles 19 and 20.

* In sub-para 1(b), we propose to insert "equal" prior to "access", and to replace "the aged" with "older persons". We believe that this sub-para represents an important example of mainstreaming as we have discussed previously. We also propose to delete the words "and to take into account the needs and perspectives of persons with disabilities in all such programmes and strategies". We support this principle, but we believe that it is already covered in art. 4, para 2.

* On sub-para (c), we support the EU amendments.

* In relation to sub-para (d), Canada proposes the following wording: “states parties ensure equal access by persons with disabilities to all government housing policies and programmes to promote full inclusion.” We propose that this point be placed under the chapeau of the paragraph (or new Article, if our proposed change is accepted) covering the right to an adequate standard of living.

* Canada proposes the deletion of sub-para 23 1. (e). While Canada provides tax benefits to persons with disabilities, we wish to retain flexibility with respect to the tax measures that may be adopted from time to time to address disability issues.

* In Canada's view, subpara (f) is already covered in general terms under article 21 on health, and article 7, which provides for non-discrimination, and does not fit into this article.

* In sub-paragraph 2, consistent with Canada's strong position that this convention should provide for equality and non-discrimination in the enjoyment of all human rights by persons with disabilities, Canada would again prefer that the chapeau read along the following lines: "states Parties shall take measures to eliminate discrimination in the enjoyment of this right". Alternatively, it would read that: "states parties shall guarantee the enjoyment of this right by all persons with disabilities on the basis of equality".

In Canada's view, the words "access to clean water" in the last
paragraph are unnecessary and should be deleted, as, in our view, the right to adequate food as set out in the International Covenant on
Economic, Social and Cultural Rights includes adequate drinking water.

Alternatively, Canada would support EU's amendment with one change: replace "clean" with "safe drinking".

Finally, Canada notes that article 23 is subject to the progressive
realization principle, which, in our view, should be set out in the article concerning general state obligations. In this regard, the last phrase on taking steps to promote the right would then be unnecessary.

CHINA

Article 23 Social Security and Adequate Standard of Living

Delete subpara (d)(e)(f) of paragraph 1, and be replaced by new subpara (d) as follows:

Promote access by persons with disabilities, in particular those living in situations of poverty, to assistance from the State, in areas such as housing programmes, taxation, life and health insurance and respite care .

EUROPEAN UNION

European Union Proposal for Draft Article 23
SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVING

Amendments to the Working Group Text

1. States Parties recognise the right of all persons with disabilities to social security, including social insurance, and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realisation of this right, including measures to:

(a) ensure access by persons with disabilities to necessary services, devices and other assistance for disability related needs;

EU Proposal: Replace “necessary” with “appropriate”.

(b) ensure access by persons with disabilities. particularly women and girls with disabilities and the aged with disabilities, to social security programmes and poverty reduction strategies, and to take into account the needs and perspectives of persons with disabilities in all such programmes and strategies;

EU Proposal: Delete “particularly women and girls with disabilities and the aged with disabilities”.

(c) ensure access by persons with severe and multiple disabilities, and their families, living in situations of poverty to assistance from the State to cover disability related expenses, (including adequate training, counseling, financial assistance and respite care), which should not become a disincentive to develop themselves;

EU Proposal: Replace “to cover” with “with”. Delete “…(including adequate training, counseling, financial assistance and respite care), which should not become a disincentive to develop themselves;”

(d) ensure access by persons with disabilities to governmental housing programs, including through earmarking percentages of governmental housing for persons with disabilities;

EU Proposal: Delete “governmental” and insert “public” Delete “including through earmarking percentages of governmental housing for persons with disabilities”.

(e) ensure access by persons with disabilities to tax exemptions and tax benefits in respect of their income;

EU Proposal: Delete

(f) ensure that persons with disabilities are able to access life and health insurance without discrimination on the basis of disability.

EU Proposal: Reword “enable persons with disabilities to have access to life and health insurance-based services based on objective criteria” Renumber as (e).

2. States Parties recognise the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing, housing and access to clean water, and to the continuous improvement of living conditions, and will undertake appropriate steps to safeguard and promote the realisation of this right.

EU Proposal: Insert “and” between “clothing” and “housing” and delete “and access to clean water.” Replace “will” with “shall” and delete “safeguard and promote” after “steps to” and insert “ensure”. Include “without discrimination on the basis of disability.” at the end of the sentence.
Add new sentence as follows: “States Parties shall ensure that persons with disabilities have equal access to clean water as others.”.

Now Reads:

States Parties recognise the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to ensure the realisation of this right without discrimination on the basis of disability. States Parties shall ensure that persons with disabilities have equal access to clean water as others.

ISRAEL

Article 23: Adequate Standard of Living and Social Security
Israel’s proposal

1. States parties recognize the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food clothing, shelter, and housing, and access to clean water, and to the continuous improvement of living conditions, and will undertake appropriate steps to safeguard and promote the re-allegation of this right.

2. States parties recognize the right of all persons with all kinds of disabilities to social security including social insurance, and to the enjoyment of that right without discrimination on the basis of disability and shall take appropriate steps to safeguard and promote the realization of this right, including measure to:

a). Ensure access by, and entitlement of, persons with disabilities to necessary services, devices and other assistance, whether monetary or in kind, addressing disability-related needs, such assistance including both the financing of the additional costs and expenses incurred or likely to be incurred on account of disability and the provision of adequate income support to persons with disabilities who, owing to disability or disability related factors have been denied employment opportunities or have temporarily or permanently lost or suffered a reduction in their income.

b.) Ensure access by, and entitlement of, persons with disabilities, particularly women and girls with disabilities and members of minority groups with disabilities to social security programs and poverty reduction strategies, and to take account the needs and perspectives of persons with disabilities in all such programs and strategies.

c.) Ensure entitlement of persons with disabilities and their families living in situations of poverty to assistance from the State to cover disability related expenses (including adequate training, counseling , financial assistance and respite care), whilst preventing such assistance from becoming a disincentive to work and other forms of self-development, the severity of disability and the existence of multiple disabilities being legitimate factors in prescribing conditions or levels of entitlement in accordance with this sub paragraph.

d.) Ensure access by persons with disabilities to governmental housing programs,

d.)bis ensure that shelter and housing are affordable by persons with disabilities, do not comprise their ability to secure other needs, and are designed, developed and managed to facilitate across the life span the full participation of persons with disabilities in their communities.

f.) Ensure the provision to persons with disabilities of adequate health insurance, including health insurance which covers all disability related health needs.

23.bis: Insurance

1. States parties shall ensure by way of legislation and other measures that insurance is neither denied on the basis of disability or made available to persons with disabilities on terms less favorable to persons with disabilities than to others, unless such treatment is based on sound actuarial and professionally recognized information and is fair and reasonable in the circumstances.

2. States parties shall ensure effective implementation of this Article, including by way of making provisions for complaints procedures, enforcement mechanisms, remedies and sanctions.

KENYA

Draft Article 23
SOCIAL SUPPORT AND AN ADEQUATE STANDARD OF LIVING,

1. States Parties recognise the right of all persons with disabilities to socialsupport, including social insurance, and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realisation of this right, including measures to:

(a) ensure access by persons with disabilities to necessary social services, technical aids, devices and other assistance for disability related needs;

(b) ensure access by persons with disabilities, particularly women and girls with disabilities and the aged with disabilities, to social support programmes and poverty reduction strategies, and to take into account the needs and perspectives of persons with disabilities in all such programmes and strategies;

(c) ensure access by persons with severe and multiple disabilities, and their families to assistance from the State to cover disability related expenses (including adequate training, counselling, financial assistance and respite care), which should not become a disincentive to develop themselves;

(d) ensure access by persons with disabilities to governmental housing programs, including through earmarking percentages of governmental housing for persons with disabilities;

(e) ensure access, in respect of disability, to tax exemptions or other tax benefits for equipment, assistive devices and services to the extent that such exemptions or benefits are necessary to mitigate the disability.;

(f) ensure that persons with disabilities are able to access life and health insurance without discrimination on the basis of disability.

2. States Parties recognise the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing, housing and access to clean water, and to the continuous improvement of living conditions, and will undertake appropriate steps to safeguard and promote the realisation of this right.

NEW ZEALAND

New Zealand Proposed Amendments to Article 23
(New paragraph 1 derived from paragraph 23.2 of the working group text)

2 1 States Parties recognise the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing and access to clean water, and to the continuous improvement of living conditions, and will undertake appropriate steps to safeguard and promote the realisation of this right.

1Bis States Parties shall ensure persons with disabilities benefit from government development programmes and poverty elimination strategies including international aid programmes on an equal basis with others

1 2 States Parties recognise the right of all persons with disabilities to social security, including social insurance, and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realisation of this right, including measures to:

a. ensure access by persons with disabilities to necessary services, devices and other assistance for disability-related needs;

b. ensure access by persons with disabilities, particularly women and girls with disabilities and the aged with disabilities, to social security programmes and poverty reduction strategies, and to take into account the needs and perspectives of persons with disabilities in all such programmes and strategies;

c. ensure access by persons with severe and multiple disabilities, and their families, living in situations of poverty to assistance from the State to cover disability-related expenses (including adequate training, counselling, financial assistance and respite care), which should not become a disincentive to develop themselves;

d. ensure equitable access by persons with disabilities to governmental housing programs on an equal basis with others, including through earmarking percentages of governmental housing for persons with disabilities;

d.Bis provide assistance to persons with disabilities and their families to meet the extra costs they incur because of disability

e. ensure access by persons with disabilities to tax exemptions and tax benefits in respect of their income;

f. ensure encourage insurance providers to consider applications for insurance from persons with disabilities in a fair and reasonable manner are able to access life and health insurance schemes without discrimination on the basis of disability.

2. (shifted to be Paragraph 1)

NORWAY

Article 23 paragraph 1:

Delete subparagraphs c and e.

Insert a new subparagraph with the following text:

”Ensure access for persons with disabilities to government support for disability-related expenses, with particular emphasis on persons with disabilities living in poverty.”

SUDAN

Draft Article 23: Social Security and Adequate Standard of Living

(1) Add to paragraph 1 .(a) at the end " free of charge " to read :

23.1.(a) ensure access by persons with disabilities to necessary services ,devices and other assistance for disability- related needs (free of charge).

(2) Add to paragraph l.(e) at the end " except for those obligations ordained by some religion teachings " to read :

23.1.(e) ensure access by persons with disabilities to tax exemptions an4 tax benefits in respect of their income ; (except for those obligations ordained by some religion teachings) .

(3) Add to paragraph 1 .(f) at the end " where applicable and when they do not come into contradiction with any religion teachings" to read :

23.1.(f) ensure that persons with disabilities are able to access life and health insurance without discrimination on the basis of disability, (where applicable and when they do not come into contradiction with any religion teachings).

(4) Add to paragraph 2. in the third line " and not confined to " to read :

23.2. States Parties recognize the right of all persons with disabilities to an adequate standard of living for themselves and their families including (and not confined to), adequate food ,clothing ..housing and access to clean water, and to the continuous improvement of living conditions, and will undertake appropriate steps to safeguard and promote the realization of this right.

UN System organizations

ILO

Draft Article 23 Right to Social Security and an Adequate

What the ILO welcomes:

• the provision for income replacement and social protection benefits for persons with disabilities

• the reference to ensuring access of persons with disabilities, particularly women and girls and the aged with disabilities to both social security programmes and poverty reduction strategies, since, particularly in developing countries, many people with disabilities live in poverty.

What concerns us:

• The need to ensure that social security provisions do not constitute a disincentive to vocational rehabilitation, vocational training or employment (‘Benefits trap’) for persons with disabilities.

What we call for:

• Provisions to persons with disabilities receiving social security benefits have access to adequate health care and rehabilitation benefits and services to facilitate their return to education, training or work.

• Assurance that no undue obstacles are inadvertently placed in the way of persons with disabilities in entering employment, retaining their job or occupation or returning to the open labour market and paid employment.

Suggested amendments

- Amendment to paragraph 1(a), “ensure access by persons with disabilities to necessary health care and rehabilitation benefits and services, devices and other assistance for disability-related needs”.

- The following wording is suggested as an addition to the existing text:

o States Parties shall undertake periodic reviews of their systems of social security, including employee compensation, to ensure that adequate support is provided and that no undue obstacles are inadvertently placed in the way of persons with disabilities in entering employment, retaining their job or occupation, or returning to the open labour market and paid employment.

Non-governmental organizations

INTERNATIONAL DISABILITY CAUCUS

- Draft proposal

IDC Draft Article 23 Adequate standard of living
07-14-05

States Parties recognize the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing, shelter and housing and access to clean water, and to the continuous improvement of living conditions, without any discrimination and will undertake appropriate steps to safeguard and promote the realization of this right, including measures that:

a) Ensure equitable access by all persons with disabilities, particularly women and girls with disabilities and aged persons with disabilities, to governmental poverty eradication strategy and program, including international aid programs and ensure the participation of people with disabilities in the development and implementation of such programs.

b) Ensure the access by all persons with disabilities to housing or shelter owned or administered by public authorities, public agencies and private entities without any discrimination on the grounds of disability and ensure the participation of people with disabilities in the development and implementation of programs and policies related to shelter and housing.

c) Ensure that persons with disabilities can freely exercise and enjoy their right to shelter and housing, which includes:

i. security of tenure and freedom from forced eviction
ii. the shelter and housing are constructed and maintained to provide for physical safety of occupants and protection from environmental threats to health, structural hazards and disease vectors,
iii. the shelter and housing are affordable and do not compromise the ability of persons with disabilities to secure other basic needs
iv. all housing should be designed, developed and managed to facilitate, across the life span, the full participation of persons with disabilities in communities.
v. persons with disabilities are not required to accept unwanted treatment or services as part of the housing or shelter program or as a condition for security of tenure.

d) States Parties shall develop programs to ensure that persons with disabilities have access to affordable water, including for persons who require additional quantities of water for personal and domestic needs and for those with difficulties in physically accessing sanitation and water supply points and facilities.

Draft Article 23bis: Rights to social security

1. States Parties recognize the right of all persons with disabilities to social security, including social insurance and social assistance, and to the enjoyment of that right without discrimination, and shall take appropriate steps to safeguard and promote the realization of this right, including measures to:

a) Provide persons with disabilities the necessary services, devices and other assistance for their disability-related needs, as well as the necessary financial means to purchase these.

b) Ensure that autonomy is preserved in the delivery of social assistance and participation in social insurance scheme, including by prohibiting provision of any service or benefits contingent on acceptance of any other service, and that services always contribute to the full participation of people with disability in the community.

d) Ensure that persons with disabilities are able to access life and health insurance without discrimination on the basis of disability in public agencies and private companies.

2. States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability-related factors, have been denied employment opportunities or have temporarily lost or received a reduction in their income.

- Information sheet

Article 23 Adequate Standard of Living and (Article 23 bis) Social Security
Prepared by the International Disability Caucus

General issues:

People with disability are always over represented in the population who live in poverty. The combination of lack of adequate support, prejudice, discrimination prevents people wit disabilities to access on an equal footing with others, to adequate standard of living. States have to develop supportive policies ensuring the participation of people with disabilities in their definition.

Considering the proposition made Argentina, Mexico, Liechtenstein and to follow the precedent of UDHR (Article 22 and 25), ICESCR (article 9 and 11), CRC (Article 26 and 27) we propose to separate the article 23 “social security and adequate standard of living“in article 23 “adequate standard of living” and 23bis “social security”.

ARTICLE 23 “ADEQUATE STANDARD OF LIVING”

• People with disabilities should not face any discrimination in reaching the same same standards of living as the general population

• A special attention should be given to the inclusion of people with disabilities in poverty reduction program considering their over representation in the population living in poverty. To ensure this access policy makers and agencies in charge should actively involve people with disabilities in the development of these programs.

• A billion people worldwide are denied adequate housing and persons with disabilities are disproportionately represented among them. Affordability and accessibility of housing are key issue for people with disabilities. In that regards, States have to develop pro active policies that will ensure housing for people with disabilities, primarily by ensuring that any new housing program is fully accessible for people with disabilities.

• All housing should be developed in a way that will contribute to the full participation of people with disabilities in their communities.

• Access to housing program cannot be use to oblige person with disability to accept unwanted services.

• In many countries, due to inaccessibility of water supply point people with disabilities face huge difficulties in their access of required quantity of water. State should ensure that water supply services are delivered in a way that will allow people to satisfy their needs (General Comment No.15 on the Right to Water)

ARTICLE 23 BIS “SOCIAL SECURITY”

• Economically, People with disabilities are living a double challenge that most often lead them to poverty. In one hand they face huge barriers and discrimination in their access to education and employment that are preconditions for sustainable livelihood. In the other hand they are facing many disability related extra cost that people without disabilities don t have.

• Any discrimination resulting in creating undue barriers or preventing access to any contributive and non contributive social security scheme has to be prohibited.
• Access to social security scheme should take into consideration the specific situation of people with disabilities

• Primarily, there is a need to develop proper policies to support people with disabilities to face disability related extra cost. This scheme should not confused or given in place of any other pro poor financial scheme or income support that do not take into consideration these disability related extra cost.

• Secondarily, there is a need to develop policies that support people with disabilities to secure and maintain income allowing them to live with full dignity. The definition and implementation of these schemes should take into consideration the higher difficulties that people with disabilities have to find and retain employment and therefore should integrate higher flexibility in their application.

• In no case, the access to any contributive or non contributive social security related service or benefit should be conditioned by the acceptance of unwanted services.

Human Rights References

UDHR

Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality

Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection


ICESCR:

Article 9
The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

Article 11
1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need

General comment Related to Draft Article 23, paragraph 1

CESCR, General Comment no. 5 (Persons with disabilities), para. 28: Social security and income-maintenance schemes are of particular importance for persons with disabilities. As stated in the Standard Rules, "States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability-related factors, have temporarily lost or received a reduction in their income or have been denied employment opportunities". Such support should reflect the special needs for assistance and other expenses often associated with disability…

Related to Draft Article 23, paragraph 1, (c)
CESCR, General Comment no. 5 (Persons with disabilities), para. 28: …In addition, as far as possible, the support provided should also cover individuals (who are overwhelmingly female) who undertake the care of a person with disabilities. Such persons, including members of the families of persons with disabilities, are often in urgent need of financial support because of their assistance role.

Related to Draft Article 23, paragraph 2
CESCR, General Comment no. 5 (Persons with disabilities), para. 33: In addition to the need to ensure that persons with disabilities have access to adequate food, accessible housing and other basic material needs, it is also necessary to ensure that "support services, including assistive devices" are available "for persons with disabilities, to assist them to increase their level of independence in their daily living and to exercise their rights". The right to adequate clothing also assumes a special significance in the context of persons with disabilities who have particular clothing needs, so as to enable them to function fully and effectively in society. Wherever possible, appropriate personal assistance should also be provided in this connection. Such assistance should be undertaken in a manner and spirit which fully respect the human rights of the person(s) concerned. Similarly, as already noted by the Committee in paragraph 8 of General Comment No. 4 (Sixth session, 1991), the right to adequate housing includes the right to accessible housing for persons with disabilities.

CESCR, General Comment no. 4 (The right to adequate housing), para. 8(e): …Disadvantaged groups must be accorded full and sustainable access to adequate housing resources. Thus, such disadvantaged groups (…) the physically disabled,(…) the mentally ill, (…) and other groups should be ensured some degree of priority consideration in the housing sphere. Both housing law and policy should take fully into account the special housing needs of these groups...

CRC

Article 26

1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.

2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.

Article 27
1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.

3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.

CEDAW

Article 14

2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

(a) To participate in the elaboration and implementation of development planning at all levels;
(c) To benefit directly from social security programmes;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;





STANDARD RULES ON THE EQUALIZATION OF OPPORTUNITIES FOR PERSONS WITH DISABILITIES

Rule 8. Income maintenance and social security

States are responsible for the provision of social security and income maintenance for persons with disabilities.

• States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability-related factors, have temporarily lost or received a reduction in their income or have been denied employment opportunities. States should ensure that the provision of support takes into account the costs frequently incurred by persons with disabilities and their families as a result of the disability.

• In countries where social security, social insurance or other social welfare schemes exist or are being developed for the general population, States should ensure that such systems do not exclude or discriminate against persons with disabilities.

• States should also ensure the provision of income support and social security protection to individuals who undertake the care of a person with a disability.

• Social security systems should include incentives to restore the income-earning capacity of persons with disabilities. Such systems should provide or contribute to the organization, development and financing of vocational training. They should also assist with placement services.

• Social security programmes should also provide incentives for persons with disabilities to seek employment in order to establish or re-establish their income-earning capacity.

• Income support should be maintained as long as the disabling conditions remain in a manner that does not discourage persons with disabilities from seeking employment. It should only be reduced or terminated when persons with disabilities achieve adequate and secure income.

• States, in countries where social security is to a large extent provided by the private sector, should encourage local communities, welfare organizations and families to develop self-help measures and incentives for employment or employment-related activities for persons with disabilities