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Article 28 - Adequate standard
of living and social protection
Background Documents | Article
28 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
References
International
human rights conventions and other legal instruments
• ICESCR:
International Covenant on Economic, Social and Cultural Rights
• ICCPR: International Covenant on Civil and Political Rights
• CERD: Committee on the Elimination of Racial Discrimination
• CEDAW: Convention on the Elimination of All Forms of Discrimination
against Women
• CAT: Convention Against Torture
• CRC: Convention on the Rights of the Child
• ILO Convention 159: Vocational Rehabilitation and Employment
(Disabled Persons)
• ILO Recommendation 168: Vocational Rehabilitation and Employment
(Disabled Persons)
Article 28
Related to para. 1
ICESCR, 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.
CERD, Article 5(e)(iii): In compliance with the fundamental obligations laid
down in article 2 of this Convention, States Parties undertake to (…)
guarantee the right of everyone, without distinction as to race, colour, or
national or ethnic origin, to equality before the law, notably in the enjoyment
of the following rights:… (e) Economic, social and cultural rights,
in particular: (iii) The right to housing;
CRC, Article 27(1) and (3):
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.
(…)
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.
CMW, Article 43(1)(d): Migrant workers shall enjoy equality of treatment with
nationals of the State of employment in relation to: … (d) Access to
housing, including social housing schemes, and protection against exploitation
in respect of rents;
Related to para. 2
ICESCR, Article 9: The States Parties to the present Covenant recognize the
right of everyone to social security, including social insurance.
CERD, Article 5(e)(iv): In compliance with the fundamental obligations laid
down in article 2 of this Convention, States Parties undertake to (…)
guarantee the right of everyone, without distinction as to race, colour, or
national or ethnic origin, to equality before the law, notably in the enjoyment
of the following rights:… (e) Economic, social and cultural rights,
in particular: (iv) The right to (…) social security and social services;
CEDAW, Article 11(1)(e): 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;
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.
CMW, Article 27(1): With respect to social security, migrant workers and members
of their families shall enjoy in the State of employment the same treatment
granted to nationals in so far as they fulfil the requirements provided for
by the applicable legislation of that State and the applicable bilateral and
multilateral treaties. The competent authorities of the State of origin and
the State of employment can at any time establish the necessary arrangements
to determine the modalities of application of this norm.
Related to para. 2 (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.