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Article 23 - Social security and an adequate standard of living
Background Documents | Article 23 Background
Seventh Session | Sixth
Session | Fourth Session | Third
Session
Working Group | References
Sixth Session
Draft article 23
111. There was general agreement that the order of paragraphs 1 and 2 should
be reversed, so that “adequate standard of living” (paragraph 2) would be
addressed ahead of “social security”. There was also a suggestion to create
two separate draft articles out of draft article 23, one on an “adequate
standard of living”, and the other on “social security”. The Committee agreed
to reflect further on this proposal.
Paragraph 1
112. The Committee discussed options to replace or complement “social security”
in order to find a broader phrase to encapsulate the assistance provided
by a state, and to ensure that there was no discrimination against persons
with disabilities in the provision of that assistance. Suggestions included
“social insurance” (currently used in this draft article), “social assistance”,
“social support”, “social safety nets”, and “social protection”. The Committee
noted that further reflection on this issue was required.
113. The paragraph, now paragraph 2, currently reads:
2. States Parties recognise the right of all persons with disabilities to
[social security, including social insurance/social assistance/social support/social
safety nets/social protection], 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:
Sub-paragraph (a)
114. Proposals for this sub-paragraph included specifying that the services,
devices and other assistance referred to in this provision should be offered
“free of charge”, a proposal that had also been made in the context of other
draft articles. There was resistance to this specific proposal, although
it was agreed that delegations were committed to the concept of “affordability”.
115. There was general support to replace “necessary” with “appropriate”
in this sub paragraph, in order to ensure consistency with the rest of the
draft convention.
116. Sub-paragraph (a) currently reads:
(a) ensure access by persons with disabilities to appropriate services,
devices and other assistance for disability-related needs;
Sub-paragraph (b)
117. There was general support for the deletion of the references in this
sub paragraph to particular groups of persons with disabilities, and it
was noted that the incorporation of “women” and “girls” (children) in to
the draft convention was being examined by the facilitators on those issues.
The difficult situation of many aged persons with disabilities was also
highlighted, but there was no agreement as to how this issue should be handled.
118. The Committee noted that taking into account the needs and perspectives
of persons with disabilities was addressed in paragraph 2 of draft article
4. It was agreed that the Committee needed to ensure that the draft convention
did not unduly duplicate coverage of specific issues, and there was general
support to delete this phrase.
119. Sub-paragraph (b) currently reads:
(b) ensure [equal] access by persons with disabilities, [particularly women
and girls with disabilities and the aged with disabilities,] to [social
security/social assistance/social support/social safety net/social protection]
programmes and poverty reduction strategies;
Sub-paragraph (c)
120. Many delegations suggested that the defining element of this sub-paragraph
was the situation of persons with disabilities living in poverty.
121. There was some support for “severe and multiple” to be deleted from
this sub-paragraph, largely because of the difficulty in defining “severe”
and “multiple” and of identifying which categories of persons with disabilities
they encompassed. The provision would then simply refer to “persons with
disabilities”. This was not an unopposed view, however, and other proposals
included referring “in particular” to “severe and multiple” disabilities.
122. There was general support to retain the reference to “families” in
this sub-paragraph, as families were particularly relevant in the context
of this draft article.
123. Sub-paragraph (c) currently reads:
(c) ensure access by persons with 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;
Sub-paragraph (d)
124. There was general support to replace “governmental” with “public”.
It was also agreed that the rest of this sub-paragraph, from “including”,
would be deleted.
125. Sub-paragraph (d) currently reads:
(d) ensure access by persons with disabilities to public housing programs;
Sub-paragraph (e)
126. There was general support to delete this sub-paragraph on the basis
that it had the potential to be unduly prescriptive. Some delegations, however,
wanted to retain it, and there was a suggestion that this sub-paragraph
should be limited to “disability-related expenses”.
Sub-paragraph (f)
127. The Committee noted that in some countries, and under some religions,
life insurance was not looked on favourably. If this sub-paragraph was to
be retained, there was a need to ensure that it did not in any way imply
or create a “right to life insurance” in those countries where it was not
permitted.
128. Some delegations suggested that the reference to “health insurance”
under this sub-paragraph properly belonged under draft article 21. This
issue needed to be considered further by the Committee in order to ensure
an integrated text.
Paragraph 2
129. In relation to paragraph 2, some delegations suggested that the “listing”
of elements of an adequate standard of living was not necessarily helpful,
and could thus be deleted. Other delegations, however, supported such a
list, and in particular supported the reference to access to clean water.
130. The paragraph, now paragraph 1, currently reads:
1. 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 shall take appropriate
steps to safeguard and promote the realisation of this right [without discrimination
on the basis of disability]. [States Parties shall ensure that persons with
disabilities have access to clean water on an equal basis with others].