Article 28 - Adequate standard
of living and social protection
Background Documents | Article 28 Background
Seventh Session | Sixth Session | Fourth Session | Third Session
Working Group | References
Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
Social [security Kenya, Lebanon] (support Kenya) (securities Lebanon) and [an Kenya] adequate [standard of living Chile1, 2(quality of life Chile)
(The right to an adequate standard of living and social protection Jordan)
(Adequate standard of living and social security Costa Rica, EU, New Zealand)
1. [States Parties recognize (and ensure Yemen, Palestine) the right of all persons with disabilities to (an adequate standard of living for themselves and their families and Costa Rica) (social protection, including Jamaica) (all types of social securities Lebanon) [[social [security] Kenya] Lebanon] (support Kenya), (and other assistance including functional technical aids Mexico) [including Jamaica] [social [insurance Jordan] Uganda] Australia] (and social [insurance Australia] (assistance Australia), including disability specific services Australia) (and social assistance Jamaica, Uganda)3, (support Jordan) [and to the enjoyment of [that Costa Rica] (these Costa Rica) [right Costa Rica] (rights Costa Rica) without discrimination on the basis of (the kind of Israel) disability China], (on an equal basis with others China) and [shall China] (undertake to China) take [appropriate Australia] (and progressive China) steps to [safeguard and promote China] (realize China) [the (progressive South Africa, Australia) realization of China] [that Costa Rica] (these Costa Rica) [right Costa Rica] (rights Costa Rica) right, including measures to 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 Namibia)
[[(a) [Ensure Japan, China] (Create conditions which would assure to all persons with disabilities Japan) (Promote) [access Israel] (entitlement) by persons with disabilities to necessary (support Costa Rica) services, (technical aids, Costa Rica) devices (free of charge Yemen) and other assistance for disability-related needs;4
[[(b) [Ensure Japan, China] (Create conditions which would assure to all persons with disabilities Japan) (Promote China) [access Israel] (entitlement) by persons with disabilities, [particularly women and girls with disabilities and the [aged Philippines] (older persons Philippines) with disabilities China] (and members of minority groups with disabilities Israel), to social security programmes and [poverty-reduction Cuba] (poverty eradication Cuba) strategies, and to take into account the needs and perspectives of persons with disabilities in all such programmes and strategies; Canada, New Zealand]
[(c) [Ensure Japan, China] (Create conditions which would assure to all persons with disabilities Japan) (Promote China) [access Israel] (entitlement) (in particular Costa Rica) by persons with [[[severe5 and Yemen, Argentina] multiple Philippines, Japan, Brazil, Kenya, Mexico, Canada, Palestine, Cuba, Bahrain, Lebanon] disabilities, [and their families Japan] Thailand]6, (who live in poor conditions Bahrain) (or caregivers Morocco, Uganda) (to the extent of these persons disabilities Kenya) (irrespective of type, gravity and complexity of disability Thailand) [living in situations of poverty Kenya, Uganda] to (progressive Cameroon) assistance from the State to cover disability-related expenses [(including adequate training, counselling, (social assistance, including Mexico) financial assistance and respite care), which should not become a disincentive to develop themselves Canada];7 (The assistance should be reviewed periodically Jordan) (the severity of disability and the fact that the person has more than one disability are legitimate factors in determining the level of entitlement in accordance with this subparagraph Israel) EU] New Zealand]
(d) [Ensure Japan] (Create conditions which would assure to all persons with disabilities Japan) (equitable New Zealand) [[access Israel] (entitlement) by persons with disabilities Costa Rica] to [governmental (and private Philippines) housing programmes (with priority to be given for their accommodation to such housing Chile), (and encourage private developers to cater for persons with disabilities Uganda) [including through earmarking percentages of governmental housing8 for persons with disabilities Japan, EU, Canada, Liechtenstein, New Zealand, Australia]; Namibia, Costa Rica] (are developed in accordance with universal design Costa Rica)
(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 Namibia)
[(e) [Ensure Japan] (Create conditions which would assure to all persons with disabilities Japan) (equal Jordan) [access Israel] (entitlement) by persons with disabilities to tax exemptions and tax benefits (and to other benefits to which they are entitled in respect of the degree of their disability Cameroon) in respect of (equipment and assistive devices for persons with disabilities Kenya) their income;9 EU, Canada, New Zealand, Costa Rica]
(Provide assistance to persons with disabilities and their families to meet the extra costs they each incur because of disability New Zealand)
(f) [(Promulgate legislation to Namibia) (Encourage to Japan) Ensure that persons with disabilities are able to access life and health (and other types of Lebanon) insurance (or other forms of support by the community Cameroon) without discrimination on the basis of disability.10
(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. Chile) (in public and private institutions Namibia) (and in accordance with national law Australia) EU, Canada] China]
(Take appropriate measures to enable persons with disabilities to have access to life and health insurance based on objective criteria EU)
(Promote access by persons with disabilities, living in situations of poverty, to assistance from the State, in areas such as housing programmes, taxation, life and health insurance and respite care China)
((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. Australia)
[2. [States Parties recognize the right of all persons with disabilities to an adequate [standard of (food, clothing, and housing Viet Nam) [living Viet Nam] Chile] (quality of life Chile) for themselves and their families, [including (but not limited to Philippines) adequate food, (education Philippines) housing [and access to clean water,11 China, EU] Viet Nam] (on an equal basis with others Japan) (access to basic services Mexico) and to the continuous improvement of living conditions, and will [undertake China] (take China) appropriate steps to [safeguard and promote] (ensure China) the (progressive South Africa) realization of this right. Chile] (, recognizing to this effect the essential importance of international cooperation based on free consent China) (without discrimination on the basis of disability EU) (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. Chile) Costa Rica]
((a) ensure equitable access by persons with disabilities to government regional development programmes and poverty elimination strategies, including international aid programmes New Zealand)
(Promote the allocation of a certain percentage of the government budget to ensure an adequate standard of living for persons with disabilities Philippines)
1. Some members of the Working Group noted that the meaning of social security differed widely from State to State, and that the scope of the right to an adequate standard of living was much broader than social security. The Ad Hoc Committee may wish to consider this issue further.
2. Some members of the Working Group expressed concern about the capacity of States parties to implement these provisions. The Ad Hoc Committee may wish to consider inclusion of the concept of progressive realization in this right if it is not addressed in a paragraph with general application elsewhere in the Convention.
3. The Ad Hoc Committee may wish to consider inclusion of the concept of social assistance.
4. 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.
5. Some members of the Working Group questioned the use of the word severe on the grounds either that it was difficult to define or that it was prejudicial. The Ad Hoc Committee may wish to consider whether to omit it.
6. There was a difference of view among Working Group members as to whether the provisions of this subparagraph should be extended to the families of persons with disabilities, and as to how family should be defined. The Ad Hoc Committee may wish to consider this further and with general application to the Convention.
7. The Ad Hoc Committee may wish to consider whether the provisions of this subparagraph should apply to persons with disabilities generally.
8. The Ad Hoc Committee may wish to consider whether the phrase including through earmarking percentages of governmental housing is appropriate in the draft Convention. Some members of the Working Group expressed the view that it was too prescriptive and may limit the measures that States parties could take to ensure access to governmental housing programmes. Some members of the Working Group also considered that non-discriminatory access to privately provided housing should also be specified.
9. Some members of the Working Group expressed the view that this subparagraph was too prescriptive.
10. 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.
11. The Ad Hoc Committee may wish to consider the reference to clean water further. Some members of the Working Group considered that it should be deleted on the grounds that it was not a right guaranteed under the International Covenant on Economic, Social and Cultural Rights.
Other members considered that the
reference was critical to the treatment and prevention of disabilities, and
should be strengthened to include basic services.