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UN Programme on Disability   Working for full participation and equality

 

Article 28 - Adequate standard of living and social protection
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References

 

 

International human rights conventions and other legal instruments
 

ICESCR: International Covenant on Economic, Social and Cultural Rights
ICCPR: International Covenant on Civil and Political Rights
CERD: Committee on the Elimination of Racial Discrimination
CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
CAT: Convention Against Torture
CRC: Convention on the Rights of the Child
ILO Convention 159: Vocational Rehabilitation and Employment (Disabled Persons)
ILO Recommendation 168: Vocational Rehabilitation and Employment (Disabled Persons)




 

Article 28
Related to para. 1

ICESCR, Article 11(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.

CERD, Article 5(e)(iii): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:… (e) Economic, social and cultural rights, in particular: (iii) The right to housing;

CRC, Article 27(1) and (3):

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.

(…)
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.

CMW, Article 43(1)(d): Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to: … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents;


Related to para. 2

ICESCR, Article 9: The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

CERD, Article 5(e)(iv): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:… (e) Economic, social and cultural rights, in particular: (iv) The right to (…) social security and social services;

CEDAW, Article 11(1)(e): 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;

CRC, Article 26(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.

CMW, Article 27(1): With respect to social security, migrant workers and members of their families shall enjoy in the State of employment the same treatment granted to nationals in so far as they fulfil the requirements provided for by the applicable legislation of that State and the applicable bilateral and multilateral treaties. The competent authorities of the State of origin and the State of employment can at any time establish the necessary arrangements to determine the modalities of application of this norm.


Related to para. 2 (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.

 

 

 


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