|Article 23 Adequate Standard of Living and (Article 23 bis) Social Security
Prepared by the International Disability Caucus
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
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
(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
The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.
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...
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.
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.
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.
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