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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
Governments
UN System organizations
National Human Rights Institutions
Non-governmental organizations
Center on Housing Rights and Evictions
Indian NGO Consultative Meeting
Comments, proposals and amendments submitted electronically
Governments
Article 23: Social Security and an adequate standard of living
Para 1 after the words “social security” delete the words “including social
insurance” and insert the words “ and social insurance (including disability
specific services)”
After the words “and shall take” delete the word appropriate” and insert
the word “progressive”:
Sub-paragraph a – no change
Sub-paragraph b – no change
Sub-paragraph c – no change
Sub-paragraph d – delete the words after “housing programs”
Sub-paragraph e – no change
Sub-paragraph f – at the end of this sub-para, insert the words “and in
accordance with national law”
New sub-paragraph g – eliminate discrimination on the basis of disability
from social security and social assistance provided to the population generally,
and from the administration of disability specific services for people with
disabilities.
2. No change
CHILE
ARTICLE 23 – Social security and an adequate standard of living
In the title, change the phrase, “adequate standard of living” to “adequate
quality of life”.
The reference to “standard of life” takes into account a stratified quantitative
order, while “quality of life” constitutes a conceptual qualitative character
for the enjoyment of personal and particular needs of a person and his family.
Letter (c) In Spanish text – Replace the word “graves” in the first line,
by “severas”.
Letter (d) should be modified as follows:
(d) Ensure access to persons with disabilities to public housing programmes,
with priority to be given for their accommodation to such housing.
Note: Chile applies the system of priority for accommodation in public housing
programmes, on the basis of disability (due to the fact that disability
gives a higher “punctuation” for such accommodation)
Letter (f) should be modified as follows:
(f) Ensure that persons with disabilities can obtain life and health insurance
without discrimination on the basis of disability. Whether the system is
for individual or capitalization saving, the cost for the person with disability
should be the same as that applied to all persons.
Modify no. 2 as follows:
“States Parties recognize the right of all persons with disabilities to
an adequate quality of life for themselves and their families, including
food, clothing, appropriate housing, access to potable water and basic sanitary
services, and the continuous improvement of their living conditions, and
will adopt measures to protect and promote the achievement of this right.”
OBSERVATIONS
- Separate mention of social assistance is unnecessary, since it is already
a part of social security and in all cases is referred to in letters (b)
and (c).
- The definition of family is not recommended to be included, since national
legislations define them along lines and degrees. For example, the Convention
on the Rights of the Child and the Convention on the Rights of Migrant Workers
and their Families makes reference to these without defining them.
COSTA
RICA
Draft Article 23
ADEQUATE STANDARD OF LIVING AND SOCIAL SECURITY
1. States Parties recognise the right of all persons with disabilities to
an adequate standard of living for themselves and their families and social
security, including social insurance, and to the enjoyment of these that
rights without discrimination on the basis of disability, and shall take
appropriate steps to safeguard and promote the realisation of these this
rights, including measures to:
(a) ensure access by persons with disabilities to necessary support 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 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 disabilities, in particular 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 that access by persons with disabilities to governmental housing
programs are developed in accordance with universal design
(e) ensure access by persons with disabilities to tax exemptions and tax
benefits in respect of their income;
(f) ensure that persons with disabilities are able to access life and health
insurance without discrimination on the basis of disability.
2. 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, 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.
EUROPEAN
UNION
Draft Article 23
SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVING ,
EU Proposal: EU proposes inserting Paragraph 2 at this point. Delete “and
access to clean water” (Cf Article 11 of ICESCR).Include “without discrimination
on the basis of disability.” at the end of the sentence:
“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 to the continuous improvement of living
conditions, and will undertake appropriate steps to safeguard and promote
the realisation of this right without discrimination on the basis of disability.”
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;
(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, counseling,
financial assistance and respite care), which should not become a disincentive
to develop themselves;
EU Proposal: Delete (b) and (c). Insert reference to women, girls in the
Preamble.
(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 “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 (e)
(f) ensure that persons with disabilities are able to access life and health
insurance without discrimination on the basis of disability.
EU Proposal: Reword (f). : “take appropriate measures to enable persons
with disabilities to have access to life and health insurance based on objective
criteria”.
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 as first paragraph
KENYA
Draft Article 23
SOCIAL SUPPORT SECURITY AND AN ADEQUATE STANDARD OF LIVING
Substitute the word ‘security’ with the word ‘support’ between the word
‘social’ and the word ‘including’ in 1so that it reads:
1. States Parties recognise the right of all persons with disabilities to
social security support, 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:
Delete the word ‘severe’ between ‘with’ and ‘and’, the phrase ‘multiple
disabilities’ between the word ‘and’ and ‘and’ and the phrase ‘living in
situations of poverty’ between the word ‘families’ and ‘to’ and insert the
word ‘disabilities’ between the word ‘with’ and the word ‘and’ and the phrase
‘to the extent of such persons’ disabilities’ between the word ‘families’
and the word ‘living’ in 1 (c) so that it reads:
(c) ensure access by persons with disabilities and their families, to the
extent of such persons’ disabilities 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;
Insert the phrase ‘equipment and assistive devices for persons with disabilities
and’ between the word ‘of’ and the word ‘their’ in 1 (e) so that it reads:
(e) ensure access by persons with disabilities to tax exemptions and tax
benefits in respect of equipment and assistive devices for persons with
disabilities and their income;
NAMIBIA
Article 23: The Right to an Adequate Standard of Living - Namibia
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, housing and access to clean water, and to the continuous
improvement of living conditions. As such, States Parties will undertake
to take appropriate steps to safeguard and promote the realization of these
rights
a) With regard to the right to adequate housing, States Parties undertake
to engage in no act or practice of discrimination on the grounds of disability
in relation to housing policies and programmes and to take all appropriate
measures to ensure that all public authorities, public institutions and
private entities shall act in conformity with this obligation.
b) States Parties undertake to guarantee the full participation of disabled
persons in the elaboration and implementation of housing related legislation
reflect their needs.
c) States Parties shall take all appropriate measures to ensure that persons
with disabilities can freely enjoy and exercise their right to housing and
can participate fully and equally within society. Steps to be taken by the
States Parties should ensure that housing for persons with disabilities:
i. Provides security of tenure and freedom from forced eviction.
ii. Provides for the physical safety of occupants and protection from threats
to health, structural hazards and disease vectors.
iii. Is affordable and does not compromise the ability of persons with disabilities
to secure other basic needs.
iv. Contains all facilities essential for health, security, comfort and
nutrition.
v. Is located in appropriate proximity to support services, employment options,
health care services and other social facilities.
d) States Parties shall develop programmes 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
NEW ZEALAND
Article 23
Social security and an adequate standard of living
New Zealand would like to suggest that the two paragraphs of this article
be reversed, so that paragraph 2, on the right to an adequate standard of
living, comes before paragraph 1, the right to social security. And similarly
we suggest that the order is reversed in the article title.
Also we suggest subparagraphs b) and c) of paragraph 1 be removed. The access
to social security programmes they mention has already been covered in the
chapeau, and we believe access to poverty reduction strategies is better
addressed under paragraph 2 (the right to an adequate standard of living).
We, therefore, suggest adding a subparagraph a) to paragraph 2
2a) Ensure equitable access by people with disabilities to government regional
development programmes and poverty elimination strategies, including international
aid programmes.
We have 2 further changes to suggest:
First, we would like to suggest deleting subparagraph e) of paragraph 1
and replacing it, and c), with the following:
‘Provide assistance to people with disability and their families to meet
the extra costs they each incur because of disability.’
Second, in subparagraph d) of paragraph 1 we recommend inserting the word
‘equitable’ after ‘ensure’, and deleting the second part of the subparagraph
which relates to reserving a percentage of government housing for persons
with disabilities.
SOUTH AFRICA
Draft Article 23:
Social Security and an Adequate Standard of Living
Chapeau 1 the inclusion of the term “progressive” in order to ensure that
governments have time to implement the required measures as per the development
processes of their countries.
Chapeau 2 is amended to read “States Parties recognise the right of all
persons with disabilities to an adequate standard of living for themselves
and their families, including adequate food, housing and access to clean
water as a basic service and to continuous improvement of living conditions,
and will undertake appropriate steps to safeguard and promote the PROGRESSIVE
realisation of this right.
UN System organizations
Intervention made at the Third Session:
Draft Article 23 Social Security
ILO welcomes the inclusion of a provision on social security adequate standard
of living in the Convention and recognizes that considerable revision is
likely following yesterday’s discussion.
Regarding social security, we would like to draw the attention of the AHC
to one aspect of the matter which we feel should be taken into account.
That is – the close link that exists between social security provision on the one hand and employment promotion measures on the other.
In practice, social security provisions often work in the opposite direction
to employment policies, reducing their effectiveness, because they constitute
a disincentive to vocation rehabilitation, vocational training and work
for persons with disabilities (called the Benefit Trap). This is a significant
gap in the ILO’s view. We suggest the Convention in Article 23 should make
a provision to minimize the disincentive effect of social security benefits
on employment/self-employment.
We suggest the following wording, in addition to the existing text as a
starting point.
- 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.
ILO Contribution to the Third Session:
Draft Article 23
Social Security and an Adequate Standard of Living
• The ILO welcomes the provision for income replacement and social security
benefits for persons with disabilities.
• In regard 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 ILO emphasizes the importance of ensuring that social security provisions
do not constitute a disincentive to vocational rehabilitation, vocational
training or employment (‘Benefits trap’) for persons with disabilities.
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.
• The ILO welcomes 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.
OHCHR
See references to international human rights conventions and jurisprudence.
National Human Rights Institutions
NATIONAL HUMAN RIGHTS INSTITUTIONS
Intervention made at the Third Session:
Article 23
Thank you chair for the opportunity. National Institutions are acutely aware
of the importance of the right to an adequate standard of living particularly
in the context of disability.
Chair, the thrust of our intervention seeks to highlight as other distinguished
delegates have, that the two rights before us:
i. the right to social security
ii. the right to an adequate standard of living are recognized as separate
rights under existing international human rights law.
We therefore would like to align ourselves with the suggestion to swap the
chapeaus around so that Article 23 (2) becomes Article 23 (1) – invert the
order of the chapeaus and support New Zealand’s point on having the title
reflect the change.
Chair, the right to an adequate standard of living is broader than the right
to social security. The right to social security can be seen as a component
or a means to attaining an adequate standard of living.
A few specific comments:
i. in the existing chapeau (1) we suggest the deletion of the word “appropriate”
and replace it with the word necessary
ii. and the word “safeguard” with the word “protect” which speaks to the
state obligations.
In the current 1 (2) we offer the following formulation:
i. ensure the necessary services, devices and other forms of assistance
for persons with disabilities
In (c), we seek the deletion of the words - with severe and multiple disabilities,
and in the same article end the sentence after the word respite care.
With respect to (d), we suggest the word “accessible” be inserted before
the word governmental housing.
Again here, we would like to see the paragraph end after the word programmes
[in short, deleting the words including through earmarking percentages of
governmental housing].
In (f), we recognize the complexity of this subsection and would like to
see states undertake services and address discrimination.
Chair, we would like to see the access to clean water retained as elaborated
in general comment 15 by the committee of the ICESCR. While we recognize
the point made yesterday about retaining the language of the convention,
we believe that 20 years on the right to water is a basic service.
Finally in relation to (e), we suggest a reformulation of this paragraph.
We do not think a blanket tax exemption is desirable. We believe that tax
exemption should be linked to disability related expenses. This we believe
would go a long way in recognizing that people with disabilities are equal
citizens, with rights and responsibilities.
ONTARIO HUMAN RIGHTS COMMISSION
Article 23 – Social Security and adequate standard of living
Footnote 104: Some members of the Working Group also considered that non-discriminatory
access to privately provided housing should also be specified.
The Commission agrees with this suggestion. Under Ontario’s Human Rights
Code, persons with disabilities have the right to be free from discrimination
in housing accommodation including privately provided housing. Under the
Code, landlords also have a duty to accommodate the needs of occupants with
disabilities, short of undue hardship.
(f) Ensure that persons with disabilities are able to access life and health
insurance without discrimination on the basis of disability.
Footnote 106: The Ad Hoc Committee may wish to consider the extent to which
States parties can determine the provision of insurance, which in many countries
is typically the domain of the private sector.
In Canada, the provision of insurance is typically the domain of the private
sector. Ontario’s Human Rights Code provides for the right to be free from
discrimination in insurance (including the private sector) on the basis
of disability and other grounds. At the same time, the Code permits certain
exceptions and defences, for example, where a contract of insurance makes
a distinction, exclusion or preference on reasonable and bona fide grounds
because of disability among other grounds.
The Supreme Court of Canada in Zurich18 qualified this defence in finding
that the insurance industry must demonstrate that its reliance on enumerated
grounds of discrimination are rational in that there currently is no alternative
to viably assess risk. The Court also stated that the industry must strive
to move away from relying on enumerated grounds by attempting to develop
viable alternatives.
In another case involving insurance, the Supreme Court of Canada recognized
the distinct disadvantage and negative stereotyping faced by persons with
mental disabilities, and held that discrimination against individuals with
mental disabilities is unlawful. In Gibbs v Battlefords,19 the Court struck
down an insurance plan for employees with disabilities that limited benefits
for mental disabilities to a lower level as compared to physical disabilities.
A more detailed analysis can be found in the Commission’s discussion paper
and report on Human Rights Issues in Insurance.
2. 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, 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.
The Commission is supportive of this provision. The Commission recognizes
that poverty is inextricably linked with inequality, particularly for persons
with disabilities as well as single mothers, the elderly and racial minorities
among others. The Commission also recognizes that human rights institutions
are challenged in their ability to deal with the issue of adequate standard
of living. For a full discussion, see the Commission’s research paper, Human
Rights Commissions and Economic and Social Rights. The paper explores the
concept of "social condition" as a prohibited ground of discrimination
as one potential way that social and economic rights may be protected.
Non-governmental organizations
Draft article 23
Social Security and an Adequate Standard of Living
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.”
BIZCHUT
Draft Article 23 – Social Security and an Adequate Standard of Living
Establishing a higher standard of living than the minimal one proposed
Clause 2 of this Article suggests a minimal standard of living, based mainly
on principles of survival – food, clothing, housing and access to clean
water; and the obligation of the State to safeguard and promote the realization
of this right. There is a significant gap between this standard, and the
change that the convention aims to promote: inclusion in the workforce,
in the education system and in political life; mobility; access to the media;
etc. We are concerned that the low standard presented in this Article will
result in the lowering of the ceiling that State action is designed to achieve
in accordance with this Convention. The level of assistance that the State
is obligated to provide persons with disabilities to ensure they receive
adequate food and water is surely lower than the level required to ensure
equal opportunities for persons with disabilities in employment and education.
We suggest that clause 2 be upgraded to include the State’s obligation to
take appropriate steps to ensure achieving targets that are more in line
with the spirit of a Convention which deals with equal opportunity and inclusion
in all areas of life.
Additional comment –Wide anchoring of support for family members, and of
their standing
In the current Draft, the issue of support given to family members of persons
with disabilities appears in two places: in Article 12 in relation to information
given to families on the prevention of violence and abuse of persons with
disabilities, and in Article 23 in relation to families of persons with
disabilities living in poverty.
Recognizing the role of families in providing assistance to their family
member who has a disability, and their exposure to discrimination on those
grounds, we suggest establishing in a wider sense, under a general article
or clause, the standing of family members of persons with disabilities and
the provision of support to them, including: empowerment, encouragement
to receive assistance, provision of information, and protection from discrimination
arising from the disability of a member of the family.
CENTER FOR HOUSING RIGHTS AND EVICTIONS
Article 23 of the current Draft International Convention recognises the right of persons with disabilities to ‘an adequate standard of living, including food, housing, clothing and water’. As such article 23 remains the main reference, in the current draft, to housing as a component of the right to an adequate standard of living.
Other parts of the Draft Convention also bear relevance to the issue of
housing, including the provisions on non-discrimination (draft articles
2, 4.1, 7) participation (draft articles 4.2 and 19.2), the fight against
stereotypes (draft article 5) and accessibility to services (draft article
19).
These elements constitute fundamental prerequisites for the full enjoyment of the right to adequate housing and the right to water by disabled persons.
In addition to these fundamental elements, the following aspects of the
rights to adequate housing must be taken into account to guarantee that
particular forms of shelter constitute “adequate housing” for disabled persons:
availability of services, material, facilities and infrastructure; affordability;
accessibility and habitability. As it stands, the current draft, and in
particular article 23, fails to take into account these elements.
It should therefore be completed with subsequent sub-paragraphs, reflecting
the needs of disabled people, notably in the field of housing and water
and the concurrent steps that State Parties should take in that respect.
Proposed amendments to draft article 23 (underlined in the text)
“State 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. As such, State Parties will undertake
to take appropriate steps to safeguard and promote the realisation of these
rights.
(a) With regard to the right to adequate housing, State Parties undertake
to engage in no act or practice of discrimination on the grounds of disability
in relation to housing policies and programmes and to take all appropriate
measures to ensure that all public authorities, public institutions and
private entities shall act in conformity with this obligation. In that respect,
State Parties shall give particular attention to those persons who face
discrimination not only due to their physical or mental disability, but
also due to their sex, gender, race, ethnicity and/or age.
(b) State Parties undertake to guarantee the full participation of disabled
persons in the elaboration and implementation of housing policies and programmes
and to ensure that the development and implementation of housing related
legislation reflect their needs.
(c) State Parties shall take all appropriate measures to ensure that persons
with disabilities can freely enjoy and exercise their right to housing and
can participate fully and equally within society. Steps to be taken by the
State Parties should ensure that housing for persons with disabilities:
(i) provides security of tenure and freedom from forced eviction.
(ii) provides for the physical safety of occupants and protection from threats
to health, structural hazards and disease vectors.
(iii) is affordable and does not compromise the ability of persons with
disabilities to secure other basic needs.
(ii) contains all facilities essential for health, security, comfort and
nutrition.
(iv) is located in appropriate proximity to support services, employment
options, health care services and other social facilities.
(d) State Parties shall develop special programmes 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.
EUROPEAN DISABILITY FORUM
Draft Article 23 Social security and an adequate standard of living
EDF considers that paragraph c) should cover all disabled people who are
faced with extra costs linked to their disability. At the same time, EDF
supports a specific reference, as foreseen in the current draft, to persons
with severe and multiple disabilities as a group for which this right is
particularly relevant.
EDF proposes to rephrase subparagraph 1e) which in its current wording reminds
of old times when disability was approached from a charitable point of view.
EDF proposes therefore to indicate that tax benefits or exemptions will
be used as one of the ways to compensate disabled people from their disability-related
expenses.
The overall objective to ensure is that disabled people obtain their equal
share in the economic development of their country.
A specific reference to the obligation to include persons with disabilities
in the national poverty reduction strategies should also be added.
The article might be split up into two articles, one dealing with social
security and another dealing with adequate standard of living.
INDIAN NGO CONSULTATIVE MEETING
Draft Article 23
49. Endorse footnote 100 vehemently { i.e. Some members of the Working Group
considered that this provision should be strengthened to mention explicitly
technical aids to mobility, transfer, auditory or visual perception and
other special devices that persons with disabilities require. The Ad Hoc
Committee may wish to consider whether this issue is adequately covered
in draft Article 20 on Personal Mobility.}
49. It was recommended that the issues related to intellectual property
vis-à-vis accessing materials in appropriate formats might be separately
and elaborately dealt with.
JAPAN DISABILITY FORUM
<Draft Article 23>Social Security And An Adequate Standard Of Living
Original Text of the Draft
Paragraph 1
a. ensure access by persons with disabilities to necessary services, devices
and other assistance for disability-related needs
JDF’s proposed Amendment
Add the underlined portion.
Ensure access by persons with disabilities to necessary daily care, living
support and other appropriate service for independent living, devices, and
other assistance for disability related needs.
Reason
The original expression is ambiguous and thus ineffective. In order to plan
and evaluate policies, it should be more helpful to have as many examples
as possible.
Original Text of the Draft
(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.
JDF’s proposed Amendment
Ensure the access by persons with disabilities and their families to cover
disability-related expenses (including adequate training, counseling, financial
assistance, respite care, disability-related devices and transportation
expense), which should not become a disincentive to develop themselves.
State Parties shall ensure immediate access by persons with severe and multiple
disabilities and their families, living in situations of poverty to such
assistance.
Reason
Such assistance shall be available not only to particular persons with disabilities
and their families but also to all the persons with disabilities and their
families. However, it is appropriate to add that immediate steps shall be
undertaken for persons with severe and multiple disabilities and their families.
Original Text of the Draft
(d) Ensure access by persons with disabilities to governmental housing programmes,
including through earmarking percentages of governmental housing for persons
with disabilities.
JDF’s proposed Amendment
Add “financial assistance for housing rent and renovation” to the listing.
Reason
It is because many persons with disabilities suffer in their daily life
from unavailability of appropriate housing since they cannot afford to pay
more than a certain amount of housing rent, as well as from inappropriate
housing structure.
Original Text of the Draft
(e) Ensure access by persons with disabilities to tax exemptions and tax
benefits in respect of their income.
JDF’s proposed Amendment
Delete the original clause and replace it with the following sentence.
Ensure access by persons with disabilities who need support, regardless
of their causes and kinds of disabilities, to the improvement of the social
security system which provides minimum living expenses.
Reason
Many countries make distinction by causes and kinds of disabilities when
they provide social security. For example, in some countries, their social
security system covers only persons with disabilities which were incurred
in the line of war, labor and official duty. In other countries, while their
social security system covers persons with disabilities caused by general
decease or accident, the causes of disability makes a large difference;
or while persons with a visual disability are easily covered by their social
security system, those with mental disabilities and others are disadvantaged.
LANDMINE SURVIVORS NETWORK
DRAFT ARTICLE 23 COMMENTS
Draft Article 23 seeks to combine coverage of two issues traditionally addressed
in separate articles. (Cf. International Covenant on Economic, Social and
Cultural Rights, Articles 9 and 11). In order to adequately elaborate the
issues relevant to these two rights, the Ad Hoc Committee may wish to consider
splitting Draft Article 23. With regard to the right to social security
(as well as the acceptance of the use of that term), the Ad Hoc Committee
may find ILO Convention (157) on Maintenance of Social Security Rights,
as well as Rule 8 of the UN Standard Rules, of some assistance.
Draft Article 23(1)(a) addresses access to “services, devices and other
assistance” related to “disability-related needs.” As noted in Footnote
100, some elements of this paragraph may be covered in Draft Article 20
(Personal Mobility). While the purpose of the provision is to detail how
States should proceed in achieving the right of people with disabilities
to social security, as drafted, this paragraph seems to vague to be useful.
The Ad Hoc Committee will want to explore with greater depth the necessary
components for realization of this right.
Draft Article 23(1)(b) makes explicit reference to ensuring access of persons
with disabilities to social security programs and poverty reduction strategies.
It makes important reference to particularly marginalized groups of disabled
persons. The provision also significantly mentions the need to take into
account “the needs and perspectives of persons with disabilities” in such
programs. It could be strengthened by explicitly referencing the participation
of people with disabilities in all stages of programming.
Draft Article 23(1)(c) provides important reference to particularly disadvantaged
sectors of the disability community. Nonetheless, the Ad Hoc Committee will
need to consider the precise objectives of the provisions in light of its
drafting.
Draft Article 23(1)(d) provides important mention of access to governmental
housing programs and provides a specific example of how such access might
be achieved, namely, through an earmarking system. The Ad Hoc Committee
may wish to consider how access to housing relates to paragraph (2) of Draft
Article 23 concerning adequate standard of living. In addition, the Ad Hoc
Committee may wish to consider whether the explicit mention of earmarking
is appropriate given that this is the only example listed but is by no means
the only way of achieving the purpose of the provision.
Draft Article 23(1)(e) addresses access to tax exemptions and tax benefits
for people with disabilities in respect of their income. The provision as
drafted has a level of specificity that may not take into account differences
in tax systems (notably in relation to income taxation) and may indeed be
unrealistic.
Draft Article 23(1)(f) introduces the important concept of non-discrimination
against persons with disabilities in the context of obtaining life and health
insurance. Note that Footnote 75 of the Draft Text likewise references disability
discrimination in this context.
The right to an adequate standard of living is well-established in international
human rights law. (Cf. Universal Declaration of Human Rights, Article 25;
International Covenant on Civil and Political Rights, Article 11(1); and
Convention on the Rights of the Child, Article 27)
Footnote 107 discusses the appropriateness of the inclusion of a reference
to “clean water” in paragraph (2). The Committee on Economic, Social and
Cultural Rights has indicated “the human right to water is indispensable
for leading a life in human dignity. It is a prerequisite for the realization
of other human rights.” (Cf. Committee on Economic, Social and Cultural
Rights, General Comment 15, 2002, para. 1) Furthermore, the Committee has
highlighted the particular relevance of this right to people with disabilities,
as well as the need to protect against discrimination against people with
disabilities with regard to the enjoyment of this right. (Cf. Committee
on Economic, Social and Cultural Rights, General Comment 15, 2002, paras.
13, 16(h)) It would therefore seem appropriate for the Ad Hoc Committee
to retain the reference to “clean water” in paragraph (2).
PHYSICAL DISABILITY COUNCIL OF AUSTRALIA
Social Security & Adequate Standard of Living: Draft Article 23
People with disabilities experience:
• lower levels and recognition of educational qualifications
• lower levels and recognition of work skills and experience
• more costs associated with the cost of disability (see www.pdca.org.au
)
PDCA strongly recommends that the Draft Article be amended to include a
provision that states people with disability are entitled to access a basic
level of social security to achieve an adequate standard of living.
Specific Article
PDCA strongly believes that the Convention needs to contain a specific and
separate Article on Cultural Diversity and Disability in order to specifically
address the particular discrimination issues that arise from the intersection
between culture and disability.
Conclusion
PDCA strongly supports the development and implementation of a Comprehensive
and Integral International Convention to promote and protect the Rights
and Dignity of Persons with Disabilities.
As such we do not support the Australian Government’s current position in
relation to this Convention and question the basis with which it reached
that decision.
Acknowledgements
• HREOC forum Canberra
• National Ethnic Disability Alliance (NEDA)
• Physical Disability Council of New South Wales (PDCNSW)
• Women with Disabilities Australia (WWDA)
WORLD BLIND UNION
SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVING
Article 23:
Article 23 should be divided into 2 articles:
1, which covers social security and
2, which covers adequate standard of living, which was also the approach
in the convention on economic, social and cultural rights.
If the word severe disabilities should be used, it needs a definition and
should be referred to Article 3, Definitions.
In para 1 (e), it is very strange to mention tax exemptions and tax benefits.
This is not a human rights issue.
State Parties should take legislative measures, so as PWD are not discriminated
against on ground of disability when signing any kind of contracts with
Insurance Companies.
Para 2, it is of great importance that food, clothing, housing and access
to clean water, are recognised as a specific right. Access to water is in
particular essential for Women with disabilities, who can have difficulties
to get access to water due to their disability.
PWD should have the same right and access to the same relative growth that
is given other citizens within the country.
WORLD NETWORK OF USERS AND SURVIVORS OF PSYCHIATRY
Draft Article 23
1 (c) ensure access by persons with [DELETE: 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;
ADD: g) ensure that autonomy is preserved in the delivery of social services,
including by prohibiting the bundling of services (making provision of any
service contingent on acceptance of any other service).
WNUSP COMMENT: The additional paragraph is necessary to give effect to autonomy
in decision-making, promote living independently, and protect against unwanted
or forced interventions.
The deletion in paragraph (c) is suggested so as not to differentiate between
people according to the extent of disability, which could be used in unpredictable
ways.
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