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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
Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
Article 23
Social [security Kenya, Lebanon] (support Kenya) (securities Lebanon)
and [an Kenya] adequate [standard of living Chile1,
2(quality of life Chile)
(The right to an adequate standard of living and social protection Jordan)
(Adequate standard of living and social security Costa Rica, EU, New Zealand)
1. [States Parties recognize (and ensure Yemen, Palestine) the right of all
persons with disabilities to (an adequate standard of living for themselves
and their families and Costa Rica) (social protection, including Jamaica)
(all types of social securities Lebanon) [[social [security] Kenya] Lebanon]
(support Kenya), (and other assistance including functional technical aids
Mexico) [including Jamaica] [social [insurance Jordan] Uganda] Australia]
(and social [insurance Australia] (assistance Australia), including disability
specific services Australia) (and social assistance Jamaica, Uganda)3,
(support Jordan) [and to the enjoyment of [that Costa Rica] (these Costa
Rica) [right Costa Rica] (rights Costa Rica) without discrimination on the
basis of (the kind of Israel) disability China], (on an equal basis with
others China) and [shall China] (undertake to China) take [appropriate
Australia] (and progressive China) steps to [safeguard and promote China]
(realize China) [the (progressive South Africa, Australia) realization of
China] [that Costa Rica] (these Costa Rica) [right Costa Rica] (rights
Costa Rica) right, including measures to 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 Namibia)
[[(a) [Ensure Japan, China] (Create conditions which would assure to all persons
with disabilities Japan) (Promote) [access Israel] (entitlement) by persons
with disabilities to necessary (support Costa Rica) services, (technical aids,
Costa Rica) devices (free of charge Yemen) and other assistance for disability-related
needs;4
[[(b) [Ensure Japan, China] (Create conditions which would assure to all persons
with disabilities Japan) (Promote China) [access Israel] (entitlement)
by persons with disabilities, [particularly women and girls with disabilities
and the [aged Philippines] (older persons Philippines) with disabilities
China] (and members of minority groups with disabilities Israel), to social
security programmes and [poverty-reduction Cuba] (poverty eradication Cuba)
strategies, and to take into account the needs and perspectives of persons with
disabilities in all such programmes and strategies; Canada, New Zealand]
[(c) [Ensure Japan, China] (Create conditions which would assure to all persons
with disabilities Japan) (Promote China) [access Israel] (entitlement)
(in particular Costa Rica) by persons with [[[severe5
and Yemen, Argentina] multiple Philippines, Japan, Brazil, Kenya, Mexico,
Canada, Palestine, Cuba, Bahrain, Lebanon] disabilities, [and their families
Japan] Thailand]6, (who live in poor
conditions Bahrain) (or caregivers Morocco, Uganda) (to the extent of these
persons disabilities Kenya) (irrespective of type, gravity and complexity
of disability Thailand) [living in situations of poverty Kenya, Uganda]
to (progressive Cameroon) assistance from the State to cover disability-related
expenses [(including adequate training, counselling, (social assistance, including
Mexico) financial assistance and respite care), which should not become a
disincentive to develop themselves Canada];7
(The assistance should be reviewed periodically Jordan) (the severity of disability
and the fact that the person has more than one disability are legitimate factors
in determining the level of entitlement in accordance with this subparagraph
Israel) EU] New Zealand]
(d) [Ensure Japan] (Create conditions which would assure to all persons with
disabilities Japan) (equitable New Zealand) [[access Israel] (entitlement)
by persons with disabilities Costa Rica] to [governmental (and private Philippines)
housing programmes (with priority to be given for their accommodation to such
housing Chile), (and encourage private developers to cater for persons with
disabilities Uganda) [including through earmarking percentages of governmental
housing8 for persons with disabilities
Japan, EU, Canada, Liechtenstein, New Zealand, Australia]; Namibia, Costa
Rica] (are developed in accordance with universal design Costa Rica)
(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
Namibia)
[(e) [Ensure Japan] (Create conditions which would assure to all persons with
disabilities Japan) (equal Jordan) [access Israel] (entitlement) by persons
with disabilities to tax exemptions and tax benefits (and to other benefits
to which they are entitled in respect of the degree of their disability Cameroon)
in respect of (equipment and assistive devices for persons with disabilities
Kenya) their income;9 EU, Canada, New
Zealand, Costa Rica]
(Provide assistance to persons with disabilities and their families to meet
the extra costs they each incur because of disability New Zealand)
(f) [(Promulgate legislation to Namibia) (Encourage to Japan) Ensure that
persons with disabilities are able to access life and health (and other types
of Lebanon) insurance (or other forms of support by the community Cameroon)
without discrimination on the basis of disability.10
(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. Chile) (in public and private institutions Namibia) (and in accordance with national law Australia) EU, Canada] China]
(Take appropriate measures to enable persons with disabilities to have access to life and health insurance based on objective criteria EU)
(Promote access by persons with disabilities, living in situations of poverty,
to assistance from the State, in areas such as housing programmes, taxation,
life and health insurance and respite care China)
((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. Australia)
[2. [States Parties recognize the right of all persons with disabilities to
an adequate [standard of (food, clothing, and housing Viet Nam) [living
Viet Nam] Chile] (quality of life Chile) for themselves and their families,
[including (but not limited to Philippines) adequate food, (education Philippines)
housing [and access to clean water,11
China, EU] Viet Nam] (on an equal basis with others Japan) (access to basic
services Mexico) and to the continuous improvement of living conditions, and
will [undertake China] (take China) appropriate steps to [safeguard and
promote] (ensure China) the (progressive South Africa) realization of this
right. Chile] (, recognizing to this effect the essential importance of international
cooperation based on free consent China) (without discrimination on the basis
of disability EU) (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.
Chile) Costa Rica]
((a) ensure equitable access by persons with disabilities to government regional
development programmes and poverty elimination strategies, including international
aid programmes New Zealand)
(Promote the allocation of a certain percentage of the government budget to
ensure an adequate standard of living for persons with disabilities Philippines)
Footnotes:
1. Some members of the Working Group noted that the meaning of social security differed widely from State to State, and that the scope of the right to an adequate standard of living was much broader than social security. The Ad Hoc Committee may wish to consider this issue further.
2. Some members of the Working Group expressed
concern about the capacity of States parties to implement these provisions.
The Ad Hoc Committee may wish to consider inclusion of the concept of progressive
realization in this right if it is not addressed in a paragraph with general
application elsewhere in the Convention.
3. The Ad Hoc Committee may wish to consider
inclusion of the concept of social assistance.
4. 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.
5. Some members of the Working Group questioned
the use of the word severe on the grounds either that it was difficult to
define or that it was prejudicial. The Ad Hoc Committee may wish to consider
whether to omit it.
6. There was a difference of view among Working
Group members as to whether the provisions of this subparagraph should be extended
to the families of persons with disabilities, and as to how family should
be defined. The Ad Hoc Committee may wish to consider this further and with
general application to the Convention.
7. The Ad Hoc Committee may wish to consider
whether the provisions of this subparagraph should apply to persons with disabilities
generally.
8. The Ad Hoc Committee may wish to consider
whether the phrase including through earmarking percentages of governmental
housing is appropriate in the draft Convention. Some members of the Working
Group expressed the view that it was too prescriptive and may limit the measures
that States parties could take to ensure access to governmental housing programmes.
Some members of the Working Group also considered that non-discriminatory access
to privately provided housing should also be specified.
9. Some members of the Working Group expressed
the view that this subparagraph was too prescriptive.
10. 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.
11. The Ad Hoc Committee may wish to consider
the reference to clean water further. Some members of the Working Group considered
that it should be deleted on the grounds that it was not a right guaranteed
under the International Covenant on Economic, Social and Cultural Rights.
Other members considered that the
reference was critical to the treatment and prevention of disabilities, and
should be strengthened to include basic services.