Comments, proposals and amendments submitted electronically

Governments

CANADA

Canada proposes the following amendments to Art.28:

(2) Chapeau - security instead of protection

(2)(a) ...devices and other assistance for disability-related SUPPORTS (DEL needs).

(2)(b) keep text in square brackets, modifying the Aged to Older Persons.

(2)(c) ....from the State (DEL to cover) WITH disability-related expenses including FOR adequate training, counselling, financial assistance and respite care (DEL which should not become a disincentive to develop themselves).

COLOMBIA

Art. 28 (e)
 
"To ensure equal access to retirement benefits and programs by persons with disabilities"
 
it substitutes the amendment previously proposed by Colombia and is also supported by Argentina, Brazil, Chile, Costa Rica, Ecuador, El Salvador, Guatemala, Jamaica, Mexico, Panama, and Trinidad and Tobago

EUROPEAN UNION

Article 28

1.       States Parties recognise the right of 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 including access to clean water, and shall take appropriate steps to safeguard and promote the realisation of this right without discrimination on the basis of disability. 

EU Proposal (1): Replace “social protection” with “social security” in the title and throughout paragraph 2, in line with ICESCR Article 9. EU position on the exact listing in paragraph 2 not yet finalised, further discussion in New York necessary.

2.       States Parties recognise the right of persons with disabilities to 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:

EU Proposal (2) chapeau: Replace “protection” with “security”.

(a)      ensure access by persons with disabilities to appropriate and affordable 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 protection programmes and poverty reduction strategies;

EU Proposal 2(b): Delete the text in square brackets. Replace “protection” with “security”.

(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;

EU Proposal 2(c): Replace “to cover” with “with”.

(d)      ensure access by persons with disabilities to public housing programmes.

ISRAEL

Article 28

1. States Parties recognise the right of 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 including access to clean water, and shall take appropriate steps to safeguard and promote the realisation of this right without discrimination on the basis of disability.

2. States Parties recognise the right of persons with disabilities to social protection, including the right to an appropriate response to their special needs 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:

JUSTIFICATION: It is necessary to enshrine the guiding principle of the right to an appropriate response which is the basis for the provisions of the ensuing paragraph (a).

(a) ensure access by persons with disabilities to appropriate and affordable services, devices and other assistance for provide persons with disabilities the necessary services, devices and other assistance in order to meet their disability-related needs;

JUSTIFICATION: It is necessary to clarify the right to assistance of various forms to meet disability-related needs – we believe that the word "access is not sufficiently clear.

(b) ensure entitlement of access by persons with disabilities, [particularly women and girls with disabilities and the aged with disabilities,] to social protection programmes and poverty reduction strategies;

(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 that autonomy is preserved in the implementation of social protection schemes and that such schemes contribute to the full participation of people with disabilities in the community;

JUSTIFICATION: The present paragraph (c) is largely covered by paragraph (a) and thus we propose covering other relevant issues in paragraph (c), similar to the IDC proposal in this regard.

(d) ensure entitlement of access by persons with disabilities to public housing programmes.

KENYA

Article 28

1. States Parties recognise the right of 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 including access to clean water, and shall take appropriate steps to safeguard and promote the realisation of this right without discrimination on the basis of disability. 

2. States Parties recognise the right of persons with disabilities to 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:

(a) ensure access by persons with disabilities to appropriate and affordable 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 protection programmes and poverty reduction strategies;

(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;

(d) ensure access by persons with disabilities to public housing programmes.

NEW ZEALAND

Proposal for Article 28

REPLACE EXSISTING PARAGRAPH 2 C) WITH THE FOLLOWING

Ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State to cover disability-related expenses, and ensure that autonomy is preserved in the way the assistance is provided so that it should not be contingent on acceptance of another service or become a disincentive to develop themselves;

UNITED STATES OF AMERICA

 U.S. proposal - Article 28:
In Article 28(1), delete "including access to clean water."

UN System organizations

ILO

Views of the ILO on Draft Article 28
Adequate Standard of Living and Social Protection

• The ILO notes the use of the term ‘social protection’ in draft article 28 and agrees with the Chairman's explanation which supports the use of "this term. It should be borne in mind, however, that paragraph 2 of this draft article would then lay down the right to social protection, which does not seem to be expressly included in the rights of the Universal Declaration of Human Rights. The right to social security is, however, referred to under Article 22  of the Universal Declaration of Human Rights.

• The ILO proposes that draft Article 28 include explicit mention of access to necessary health care and rehabilitation benefits, in accordance with Article 25, paragraph 1 of the Universal Declaration of Human Rights which mentions under the right to adequate living, amongst others, medical care and necessary social services.

• In addition, as Article 25, paragraph 1 of the Universal Declaration of Human Rights refers to "necessary social services", and ILO social security instruments use the word "necessary" rather than the words "appropriate and affordable", the ILO proposes to replace in Article 25, paragraph 2(a) of the draft Convention the words "appropriate and affordable" with the word "necessary".

Suggested amendments to draft Article 28

2.       States Parties recognise the right of persons with disabilities to social protection 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 appropriate and affordable necessary health care and rehabilitation benefits, 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 and social protection programmes and poverty reduction strategies;

(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;

(d) ensure access by persons with disabilities to public housing programmes.
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”.

National Human Rights Institutions

NATIONAL HUMAN RIGHTS INSTITUTIONS

Article 28

Thank you

National human rights institutions have 2 brief, but important, points.

Firstly, water is the first and foremost need of all human beings. Some delegates have voiced concerns about including an explicit reference to a right to clean water in art 28. These concerns seem to be based on that such a reference is not present in the text of the International Covenant on Economic, Social and Cultural Rights.

However, such a reference is explicitly included in article 14 of the Convention on the Elimination of All Forms of Discrimination against Women. Moreover, the Committee on Economic, Social and Cultural Rights has interpreted articles 11 and 12 of the International Covenant on Economic Social and Cultural Rights as including, and here I quote General Comment number 15, “the human right to water”.

Any concerns by states that the right to clean water is not a recognized human right can thus be put to rest. For additional comfort the phrase “on an equal basis with others” can be coupled with the reference to this right.

On the second issue, we echo the concerns about the language of the last section of paragraph 2 c) in art 28 as expressed by some delegations; including, Canada; New Zeeland and Israel.

We welcome the language proposed by Israel as well as the more elaborate language proposed by the IDC.

These proposals expressly address the need to make sure that all assistance to persons with disabilities promotes their autonomy and full participation in the community. This is the intention of para 2c) of the chairs text. However, national human rights institutions believe that the Israeli proposal and the IDC proposal improve on the chairs text by conveying both the crucial concept of individual choice, by referring to autonomy, and the express link to participation in the community.
Thank you,

Non-governmental organizations

FEDERATION OF AND FOR PEOPLE WITH DISABILITIES - KENYA

Our Organization that is FEDERATION OF AND FOR PEOPLE WITH DISABILITIES ( KENYA ) supports generally the Chairman Text on this Article. We would like to draw the attention of the delegates to preamble which clearly states tha there are already existing International Human rights instruments which State Parties could have used to ensure that the human rights of persons with disabilities are guaranteed.
The same preamble notes that inspite of these instruments we persons with disabilities continue to be desciminated World Wide. It is for this reason that the UN found it necessary to formulate a Convention Which will make it difficult for state parties to run away from their responsibility of ensuring that persons with disabilities Human Rights are protected.

Paragraph 1

We support the Chaiman text in this paragraph. The text covers adequately issues affecting persons with disabilities particularly in developing Countries. The listing of the basic items to be provided by the state parties is important because, it will make difficult for the states particularly from developing countries to run away from this responsibility. It does not however limit rich countries from providing more goods and services to their persons with Disabilities.

Paragraph 2

We support the Chairman text in this paragraph in general. As stated above it takes into account issues affecting persons with disabilities particularly from developing countries.

(a) We support this sub-paragraph and do not support delegations who want it amended and in particular those asking for deletion of the word "affordable services" from the text. The word is very important to us persons with disabilities to be able to enjoy our human rights.

(b) We support this sub-paragraph and do not support delegations who want reference to women deleted . It is a fact that due to their gender and status, women and the aged  with disabilities face more problems than us men who have disabilities and therefore require more assistance. However we have no problem with the addition of children in the sub-paragraph.

(c )We support this sub-paragraph in general and as we have commented above the listing of basic needs of persons with disabilities ensures that state parties especially from developing conutries do not run away from their responsibilities. The delegates fear that the provisions provided for in this sub-para. will lead to disincentive is well covered by the last line in this sub-para

We however are of the view that the provision in this para of the following words starting in the first line and ending in the second line should be deleted "LIVING IN SITUATION OF POVERTY". While this might be possible in developed Countries this would be very difficult in developing countries to impliment. The procedure and agencies to be chaged with the responsibility of indentifying those who are living in poverty may abuse this responsibility. It is a well known fact that corruption is rife in developing countries. Experience as shown that at times those who are living in poverty are left out and those who do not live in poverty are assisted where a classification as been provided. We belief that no convention which gives rights to a class of people will require them to be classified to those who have and those who do not have.

INTERNATIONAL DISABILITY CAUCUS

Chairman’s text as revised by the IDC

Article 28

1. States Parties recognise the right of 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 including access to clean water, and shall take appropriate steps to safeguard and promote the realisation of this right without discrimination on the basis of disability.

2. States Parties recognise the right of persons with disabilities to 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:

(a) (REPLACE “ensure access by persons with disabilities to appropriate and affordable services, devices and other assistance for disability-related needs;” BY “Provide persons with disabilities the necessary services, devices and other assistance for their disability-related needs, as well as the necessary financial means to purchase these.”)

(b) ensure access by persons with disabilities, [particularly women and girls with disabilities and the aged with disabilities,] to social protection programmes (ADD: “including adequate income maintenance schemes”) and poverty reduction strategies;

(JUSTIFICATION: 4. There is no mention of an income maintenance scheme as it has been broadly encompassed in paragraph 2.b with the wording “access to social protection program.” We propose to maintain a reference to income maintenance as access to mainstream social protection program might not cover in a proper way income maintenance issue.)

(c) (REPLACE “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;” BY “ensure that autonomy is preserved in the delivery of social assistance and participation in social insurance scheme, including by prohibiting provision of any service or benefits contingent on acceptance of any other service, and that services always contribute to the full participation of people with disability in the community.”)

(JUSTIFICATION: The Chair’s text is confusing with regards to the distinction between support scheme designed to cover extra cost related to disability and social assistance that is related to poverty.  In paragraph 2.c the link between support to cover extra cost and poverty is not relevant as the extra cost support shall ideally not been mean-tested. We therefore propose to maintain the coverage of extra cost in paragraph 2.a, as it is in August IDC draft and the deletion of present paragraph 2.c.

The IDC considers that a list of services or assistance is not relevant as it can exclude needed services, so we propose that the list mentioned in the Chair text in para 2.c is deleted. The Chair’s text still in paragraph mentions (which should not become a disincentive to develop themselves) with regards to benefit. The IDC opposes this reference)

(d) ensure access by persons with disabilities to public housing programmes.

 

 

INTERNATIONAL DISABILITY CONVENTION SOLIDARITY IN KOREA

IDCSK fully supports the proposals made by the IDC except only the below.
Article 28

ensure access by persons with disabilities to public housing programmes (ADD: and encourage(recommend) private housing providers to guarantee access by persons with disabilities to their programme )

 

 

JAPAN DISABILITY FORUM

Article 28
Comments:

1. The current draft article is reasonable and acceptable in general.
2. There might not be much problem in altering the term “social security” which was used in the Working Group text to “social protection.”
3. The term “access to clean water” shall be maintained.

 

 

PEOPLE WITH DISABILITY AUSTRALIA

Report on National Consultations

Article 28

There was general support for the article and no amendments or revisions to the Chair’s Text are proposed. 

 

 

 

 

 

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