Comments, proposals and amendments submitted electronically

Governments

AUSTRALIA

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

ILO

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

AUSTRALIAN NGOs

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.