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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
Working Group
Draft Article
23
SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVING97, 98
• States Parties recognise the right of all persons with disabilities to social
security, including social insurance, 99
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;100
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 severe101 and
multiple disabilities, and their families,102
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;
103
d. ensure access by persons with disabilities to governmental housing programs,
including through earmarking percentages of governmental housing104
for persons with disabilities;
e. ensure access by persons with disabilities to tax exemptions and tax benefits
in respect of their income; 105
f. ensure that persons with disabilities are able to access life and health
insurance without discrimination on the basis of disability.106
• 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,107
and to the continuous improvement of living conditions, and will undertake appropriate
steps to safeguard and promote the realisation of this right.
Footnotes:
97: Some members of the Working Group noted
that the meaning of 'social security' differs widely from state to state, and
that the scope of the right to an adequate standard of living is much broader
that social security. The Ad Hoc Committee may wish to consider this issue further.
98: 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
realisation in this right if it is not addressed in a paragraph with general
application elsewhere in the Convention.
99: The Ad Hoc Committee may wish to consider
inclusion of the concept of 'social assistance'.
100: 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.
101: 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.
102: There was a difference of view among
Working Group members as to whether the provisions of this sub-paragraph 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.
103: The Ad Hoc Committee may wish to consider
whether the provisions of this subparagraph should apply to persons with disabilities
generally.
104: The Ad Hoc Committee may wish to consider
whether the phrase "including through earmarking percentages of government
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.
105: Some members of the Working Group
expressed the view that this subparagraph is too prescriptive.
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.
107: 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".