COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part IV. Rights Based Perspective. 11/12   
10. Right to Social Services
Equalization of opportunities is the essence of sustainable social development.
Equal opportunity policies towards disadvantaged and vulnerable social groups, like the
disabled, should be included in development policies, programmes and projects.
There are inextricable linkages between disability and socio-economic factors; thus,
socio-economic objectives should be built into basic planning models. The extent to which
people with disabilities are able to participate in the development process is an
indicator of social and human development.
The social security system of a State is the primary vehicle in administering economic
benefits. Social insurance programs such as worker's compensation, disability insurance,
and unemployment insurance are intended to provide a social safety net for the disabled
who are unable to meet their needs. Public funding should be available to cover the
extra cost for specially designed housing, transport, medical and health care, food and
other amenities to live a normal life of work and recreation, for the disabled.
Financial assistance must help integrate persons with disabilities into society.
Society is the creation of the people. The State has to earn its legitimacy by
making it possible for all people to exercise their fundamental human rights and
freedoms. An inclusive society for all must be the ultimate objective of
development. Publicly financed services require readjustment due to economic
difficulties. However, this should not affect the efforts to integrate the disabled
into society, as well as secure for them equal treatment on all social points. Thus,
voluntary agencies and charities must play a vital role. States must encourage and
promote community operations through special measures, such as tax breaks.
In order to develop income and social security protection for the disabled, a variety
of issues need to be addressed. These issues include: how to disperse these benefits, i.e.
cash transfers or services, the degree of disability, income, geographical location
and allocation of costs.
There must also be arrangements that would allow disabled persons to appeal decisions
involving their rights and benefits in the area. The procedural due process rights
of the disabled should be protected. Instead of going to court in order to resolve
disputes that arise as a result of distribution of these benefits, Governments can enact
legislation that permits alternative forums, and other procedural safeguards.
The needs and rights of persons with disabilities should be given the same importance
as the needs and rights of those who have access to power and who traditionally control
society. Financial assistance should empower persons with disabilities to fully
participate in society as equal citizens. Some aspects of social security benefits
are outlined below:
10.1 Social Security
Social security and insurance systems should not discriminate against persons with
disabilities, but instead provide services dealing with the special needs of persons with
disabilities, especially in the labour market in order to encourage a policy of equitable
employment.
A strong commitment to enact legislation that provides employment opportunities will in
the long term be more cost effective because disabled persons would over time become
self-sufficient. A variety of measures can be enacted to restore the income-earning
capacities of the disabled, such as incentives to employers to create affirmative action
plans and financial, tax, and other special incentives to employers in order to train and
employ disabled persons.
10.2 Incentives to Restore Income-earning Capacities of Disabled
Persons
Paragraph 5 of the Declaration on the Rights of Disabled Persons
states that "...disabled persons are entitled to measures designed to enable them to
become as self-reliant as possible."
Paragraph 10 of the Recommendation concerning Vocational Rehabilitation and
Employment (Disabled Persons) notes that "...measures should be taken to
promote employment opportunities for disabled persons, which conform to the employment and
salary standards applicable to workers generally." Paragraph 11(a) notes that
"...such measures should include, appropriate measures to create job opportunities on
the open labour market, including financial incentives to employers to encourage them to
provide training and subsequent employment for disabled persons."
Rule 8(4) of The Standard Rules on the Equalization of Opportunities for
Persons with Disabilities states that "...social security systems should
include incentives to restore the income-earning capacity of persons with
disabilities." In addition, Rule 8 (5) notes that "...social security
programmes should also provide incentives for persons with disabilities to seek employment
in order to establish or re-establish their income-earning capacity."
Paragraph 34 of the Tallinn Guidelines for Action on Human Resources
Development in the Field of Disability states that programmes that provide loans,
training and equipment for income-generating activities should include disabled persons.
Paragraph 35 states that "...employment opportunities can be promoted
primarily by measures relating to employment and salary standards that apply to all
workers and secondarily by measures offering special support and incentives."
10.3 Income Maintenance
States should enact legislation that ensures disabled citizens the same opportunities
as others to all forms of income maintenance, such as the preparation for and retention of
suitable employment, accessibility to community mortgage programmes, and support services.
Arrangements should also be made that would allow persons with disabilities to
appeal decisions concerning their rights and benefits provided through these income
maintenance programmes or policies.
Paragraph 22 (1) of the Recommendation concerning Vocational Rehabilitation of
the Disabled states that financial assistance should be provided to persons with
disabilities at any stage in the vocational rehabilitation process and be designed to
facilitate the preparation for and retention of suitable employment.
Paragraph 61(j) of The Habitat Agenda urges Governments to encourage
community mortgage programmes that are accessible to people living in poverty in order to
increase their productivity.
Rule 8 of The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities provides that "States are responsible for the provision of
social security and income maintenance for persons with disabilities." Rule 8
(1) states that income support should be extended to individuals who take care of a person
with a disability, and that income support should only be reduced or terminated when
persons with disabilities achieve an adequate and secure income.
Paragraph 115 of the World Programme of Action concerning Disabled
Persons encourages States to provide support services to disabled persons.
Paragraph 117 urges States to develop income maintenance protection for persons with
disabilities.
10.4 Community Services
Giving financial assistance to local communities so they can strengthen their own
programmes for disabled persons should be a national priority. It helps integrate
disabled persons into society and the community to understand and learn about the plight
of persons with disabilities. It is important to enlist the active participation of local
government and community organizations, such as citizen's groups, trade unions, women's
organizations, consumer organizations, religious bodies, political parties and parents'
associations in the recognition and enforcement of rights of persons with disabilities.
Paragraph 17 of the Recommendation concerning Vocational Rehabilitation and
Employment urges community leaders and groups to co-operate with government
authorities in identifying the needs of the disabled in the community and ensuring that,
wherever possible disabled persons are included in activities and services available
generally. According to paragraph 18, "...vocational rehabilitation and employment
services for the disabled should be integrated into mainstream of community development
and where appropriate receive financial (...) support."
Sections of the World Programme of Action concerning Disabled Persons
deal with community action. States are encouraged to provide financial assistance to local
communities for the development of programs that help persons with disabilities, and to
encourage co-operation among local communities in order to facilitate the exchange of
information. The paragraphs note that it is important to enlist the active participation
of community organizations.
Paragraph 41 of the Tallinn Guidelines for Action on Human Resource Development
states that specific strategies for the prevention of disability should be included in
community awareness programmes. Also, Government efforts aimed at early
identification, intervention and prevention should be strengthened through community
awareness and community involvement programmes on disability.
10.5 Governmental Services
Governments should provide services that will reduce the disabling effects of physical
impairments and help persons with disabilities function to the best of their abilities.
Government must recognise the essential role of local authorities in providing
services and empowering people to secure economic development and social welfare for their
communities, and the role of international co-operation among local authorities.
Governments should introduce adequate measures to realise equal opportunity policies and
the prevention of disabling conditions.
The adoption of laws and policies that ensure persons with disabilities full access to
all new buildings and facilities, public housing and public transport systems are
necessary. Furthermore, access to existing public buildings and facilities, housing
and transport must be encouraged. Community awareness of health care issues facing
persons with disabilities must be enhanced and appropriate community responses must be
designed. Persons with disabilities must be provided affordable health care.
Finally, Governments should involve persons with disabilities in decision-making and
setting priorities for the provision of services not only for the purpose of disability
sensitive planning, but to also provide some type of enforcement mechanism.
Adequate shelter is an important component of economic rights. Inadequate or lack of
shelter contributes to loss of health, security and dignity. Governments should develop
policies and guidelines and provide services that would enable persons with disabilities
to be housed in appropriate settings.
Article 11 of the International Covenant on Economic, Social and Cultural
Rights recognises that everyone has the right to an adequate standard of living,
including housing, and that States should take appropriate steps to ensure the realisation
of this right.
Article 27 (3) of the Declaration on Social Progress and Development
urges States to provide assistance programmes such as housing to parents and others
responsible for a child.
Article 18 (d) recognises the implementation of low-cost housing programmes in rural
and urban areas as an appropriate means in trying to achieve the objectives of social
progress and development.
General principle I, paragraph 1 of the Recommendation concerning Workers'
Housing states that the Recommendation applies to the housing of workers,
including handicapped persons.
General Principle II, paragraphs from 1 to 5 urges States to promote, within the
framework of general housing policy, the construction of housing and related community
facilities with a view to ensuring that adequate and decent housing accommodations and a
suitable living environment are made available to all workers and their families.
Priority should be given to those whose needs are most urgent; to upkeep, improve and
modernise existing housing and related community facilities; to provide adequate and
decent housing that does not cost the worker more than a reasonable portion of income,
whether by way of rent, or by way of payments towards the purchase of, such accommodation;
and, to implement housing programmes that provide adequate scope for private, co-operative
and public enterprise in house building.
General principle III, paragraph 8 encourages States to set up a central body with
which should be associated all public authorities having some responsibility relating to
housing. The body's responsibilities should include, studying and assessing the
needs for workers' housing and related community facilities and formulating workers'
housing programmes.
General Principle V, paragraphs 13 through 17 discuss financing methods. States
are urged to ensure that private and public facilities are made available for loans at
moderate rates of interest, and that such facilities be supplemented by other suitable
methods of direct and indirect financial assistance. This would include subsidies, tax
concessions, and reduction of assessments, to appropriate private, co-operative and public
owners of housing, to encourage co-operative and similar non-profit housing societies.
States are also urged to: ensure that public and private facilities for loans on
reasonable terms are made available to workers who wish to own or build their dwellings,
and they should take such other steps as would facilitate home ownership; to establish
national mortgage insurance systems or public guarantees of private mortgages as a means
of promoting the building of workers' housing; and to stimulate saving and encourage
investment. Paragraphs 19 through 25 of Suggestions Concerning Methods of Application
mention other financing schemes, such as encouraging provident funds and social security
institutions to use their reserves available for long-term investment. Further schemes
include: providing facilities for loans for workers' housing; rendering special financial
assistance to workers who are unable to obtain adequate accommodation by reason of
inadequate income; and to protect the worker in the case of loans against the loss of
his/her financial equity in his/her house on account of unemployment or other factors
beyond his control.
Chapter III paragraph 24 of The Habitat Agenda recognises the
obligation of Governments to enable people to obtain shelter and to protect and improve
dwellings and neighbourhoods.
Paragraph 25 urges States to ensure consistency and co-ordination of macro-economic and
shelter policies, as a social priority within the framework of national development
programmes and urban policies; to promote broad, non-discriminatory access to open,
efficient, effective and appropriate financing for all people, including mobilising
innovative financial and other resources - public and private - for community development;
to increase the supply of affordable housing through appropriate regulatory measures and
market incentives (P. 44); and to promote shelter and support basic services for
persons with disabilities.
Paragraph 30 urges States to strengthen existing financial mechanisms in order to
finance shelter and human settlements. Paragraph 31(g) urges States to foster the
accessibility of the market for those who are less organised and informed or otherwise
excluded from participation by providing subsidies, where appropriate, and promoting
credit mechanisms and other instruments to address their needs. Paragraph 44 (vi) urges
States to create and promote market-based incentives to encourage the private sector to
meet the need for affordable rental and owner-occupied housing. Paragraph 49 (d)
encourages States to use public policies such as expenditure, taxation, monetary and
planning policies, to stimulate sustainable shelter markets. Paragraph 51 provides that
States should adopt policies that ensure that persons with disabilities have access to new
public buildings and facilities, and public housing. Furthermore, during renovation
of existing buildings, similar measures should be adopted.
Housing finance institutions serve the conventional market, but do not always respond
adequately to the different needs of large segments of the population, particularly those
belonging to vulnerable and disadvantaged groups, like the disabled. In order to
improve existing housing finance systems, paragraph 61 states that Governments should:
- Adopt policies that increase the mobilisation of housing finance and extend more credit
to people living in poverty, while maintaining the solvency of credit systems;
- Establish a comprehensive detailed body of property law;
- Encourage the private sector to mobilise resources to meet varying housing demands,
including rental housing, maintenance and rehabilitation;
- Decentralise the lending operations of mortgage markets and encourage the private sector
to do the same in order to provide greater physical access to credit.
Paragraph 68 states that improving the quality and reducing the cost of production,
housing and other structures will last longer, be better protected against disasters, and
be affordable to low-income populations and accessible to persons with disabilities, which
will provide a better living environment.
Paragraph 8 of The Vancouver Declaration on Human Settlements states
that "...adequate shelter and services are a basic human right which places an
obligation on Governments to ensure their attainment by all people, beginning with direct
assistance to the least advantaged through guided programmes of self-help and community
action." (Chapter III, Guidelines for Action).
Global Strategy for Shelter to the Year 2000, Annex I,
sets forth guidelines Governments can keep in mind when formulating a national shelter
strategy. These guidelines are outlined below:
- A national shelter strategy should spell out clear operational objectives for
development of shelter conditions both in terms of the construction of new housing and the
upgrading and maintenance of existing housing stock and infrastructure and services.
- The adequate standard aimed at should be identified on the basis of an analysis of the
standards and options affordable to the target population.
- The objectives of the shelter sector need to be linked to the goals of the overall
economic policy.
- Direct Government support should mainly be allocated to the most needy population
groups.
- The public sector is responsible for developing and implementing measures for national
shelter policies and for the adoption of measures that stimulate the desired action by
other sectors.
- The development of administrative, institutional and legislative tasks that are the
direct responsibility of the Government, for example, land registration and regulation of
construction.
- An analysis of affordability will provide the criteria for defining the right priorities
and appropriate approaches for public sector involvement.
- Mechanisms for co-ordinating inter- and intra-agency activities need to be developed.
Also, arrangements for the continuous monitoring, review and revision of the
strategy must be developed.
10.7 Transportation
Mobility is one of the most crucial factors in the rehabilitation of disabled persons.
There should not be discrimination against the disabled in the provision of public
transportation services.
States should enact legislation that ensures the accessibility to transport services
for persons with disabilities. These Government initiatives are vital to the integration
of disabled persons into mainstream society and to the right to work.
Disabled persons should be provided an adequate means of transport to and from work.
Governments could provide these services in different ways such as: making public
transport system accessible; remodelling pedestrian routes in order to make them more
accessible to disabled persons, especially those utilising wheelchairs; priority parking
for disabled persons; or providing incentives for employers and community organizations to
provide transport.
Other measures such as cash subsidies, improvement to existing public transport system,
and specially adapted automobiles and the transfer of new technology in transport is also
very important in ensuing the integration of persons with disabilities into mainstream
society.
Article 18(e) of the Declaration on Social Progress and Development
encourages the development and expansion of the system of transportation, particularly in
developing countries.
Paragraph 11(h) of the Recommendation concerning Vocational Rehabilitation and Employment
(Disabled Persons) states that disabled persons should be provided an adequate means of
transport to and from the places of rehabilitation and work.
Paragraph 104 (a) of The Habitat Agenda states that Governments should
support an integrated transport policy approach that explores the full array of technical
and management options and pays due attention to the needs of all population groups,
especially those whose mobility is constrained because of disability, age, poverty or any
other factor.
Paragraph 114 of the World Programme of Action concerning Disabled Persons
encourages States to make sure that disabled persons have access to all new public
transport systems. Furthermore, it is recommended that States adopt measures that
encourage access to existing public transport systems.
Government legislation should include provisions that increase food production and
improve the distribution of food. Governments could increase access to food through
primary health care approaches. Hunger is one of the main factors responsible for
the rising number of persons with disabilities. Therefore, increasing access to food
through methods such as subsidies to rural areas to increase production, trade, affordable
prices and other measures will help prevent disability.
The attainment of food security involves the eliminating current hunger facing hundreds
of millions of people today, and reducing the risks of future hunger. Every effort
must be taken to address both the symptoms and causes of hunger.
Food aid is an essential resource for saving and sustaining life. However, direct
transfer of food must be followed by actions aimed at post-crisis rehabilitation of
affected households and at sustainable livelihoods. Greater attention needs to be
paid to the establishment of improved preparedness mechanisms against future disasters and
appropriate investments aimed at reducing vulnerability to crisis situations.
Food insufficiencies must be complemented by efforts in areas such as nutrition,
health, education, skills training, reproductive health, asset creation and
income-generation, i.e. by investing in people. Food aid can provide direct assistance to
people who lack purchasing power, and can strengthen markets by building transport
infrastructure or enhancing marketing systems through local magnetisation and local food
purchases.
Article 25 of the Universal Declaration of Human Rights recognizes the
customary right to food.
Article 12 of the Additional Protocol to the American Convention on Human
Rights in the Field of Economic, Social, and Cultural Rights states that everyone
has the right to adequate nutrition, which guarantees the possibility of enjoying the
highest level of physical, emotional and intellectual development. In addition, article 12
urges States to improve the distribution of food.
Article 11 of the International Covenant on Economic, Social and Cultural
Rights recognises that everyone has the right to adequate food and to be free
from hunger, and that States either individually or with international co-operation,
should implement measures to realise this right. The Measures include specific
programmes that improve methods of production, conservation and distribution of food by
making full use of technical and scientific knowledge, by disseminating knowledge of the
principles of nutrition and by developing or reforming agrarian systems in such a way as
to achieve the most efficient development and utilisation of natural resources.
Article 27 (3) of the Convention on the Rights of the Child urges
States to undertake programmes such as nutrition to assist parents and others responsible
for the child.
Article 10 (b) of the Declaration on Social Progress and Development
sets forth the elimination of hunger and malnutrition as a goal in social progress and
development.
Paragraph 4 of the Universal Declaration on the Eradication of Hunger and
Malnutrition sets forth that each State should remove the obstacles to food
production and should provide proper incentives to agricultural producers. Effective
measures such as agrarian, tax, credit and investment policy reform and the reorganization
of rural structures should be implemented. Furthermore, paragraph 11 urges States to
readjust their agricultural policies to give priority to food production.
The World Food Summit of Africa, an outcome of the FAO Regional Conference for Africa
in 1996, draft Policy Statement calls on all parties to reaffirm their commitment to
policies that will ensure the availability and stability of adequate food supplies as well
as access to an adequate diet for all. The WFS draft Action Plan stresses the need for
each country to choose its own strategy for attaining food security since individual
circumstances vary so widely, but nevertheless the following aims have to be reached:
a) Enabling Political and Economic Environment for Food Security
The region has been plagued by political tensions, wars and civil unrest and refugee
problems that have been major factors of food insecurity. Achieving food security
objectives will crucially depend on the ability of African leaders to bring an end to, or
at least significantly reduce, such problems as well as ensuring stable and participatory
political institutions. In situations of violent conflict, safe passage and the refusal to
use food as a political weapon are conditions of the right to food for the threatened
populations.
Actions that should be taken are as follows: ensure the participation of all segments
of society in civil life; mobilise national, regional and international initiatives to
prevent conflicts and to resolve emergency crises; eliminate policies that discriminate
against the agricultural and food sector; provide market incentives for private sector
investment and productive activities in agriculture; assign public resources in
appropriate proportion to ensure the needed priority for adequate infrastructure and
support services to agricultural and rural development; and secure external
resources for supporting reforms.
b) Improving Food Access to Poor and Vulnerable Groups
There is major scope for interventions assuring access to food for poor and vulnerable
groups both in urban areas and rural areas. Many national food systems in Africa do not at
present ensure adequate protection for the poorest and most vulnerable groups,
particularly in the countryside, but tend to favour the rich and the urban populations.
Actions that should be taken are as follows: target direct food security interventions at
these groups; implement measures to increase production and the self-reliance of
vulnerable groups; and implement employment and food-for-work schemes.
c) Accelerating Agricultural and Rural Development
Given the severe resource constraints in many areas, it is necessary to complement
actions aimed directly at increasing food production with efforts at more broad-based
sustainable and participatory rural development. Whereas in high-potential areas, rural
development will have a strong agricultural production-oriented focus, in low-potential
and marginal areas, there is a need for economic diversification and for an emphasis on
preservation of resource bases.
Actions that should be taken are as follows: devise financial and participatory
mechanisms for maintenance and repair of existing rural physical infrastructure; improve
the land tenure and other property security of farmers and producers; promote and
implement agricultural development schemes targeted at increasing on-farm and off-farm
employment; and infrastructure for improved services and marketing.
d) Ensuring Adequate and Timely Food Aid and Emergency Assistance
Even with the favourable scenarios for economic and agricultural development and
expansion of domestic food production, export earnings and incomes, in the short to medium
term food aid, will remain indispensable for food security on the African continent, both
to counter emergency situations and the effect of the seasons on food supply and to ensure
adequate supplies overall in domestic markets.
Actions that should be taken are as follows: guarantee and provide sufficient
quantities of food aid to meet the needs of importing countries both for emergency
assistance and to ensure adequate levels of supply on domestic markets, particularly in
favour of vulnerable groups; promote triangular food aid operations, as appropriate,
thereby contributing towards stimulating food production nationally and on the continent,
and improve the design of food aid programmes in support of food security objectives.
e) Enhancing Domestic Food Supply Capacity
Africa suffers from the highest rate of food insecurity among developing regions. One
root cause for this is the low productivity in food and agricultural production, but at
the same time most countries have the physical potential for raising their food production
significantly.
Actions that should be taken are as follows: implement strategies and programmers for
rapidly increasing food and agricultural production in selected areas with high potential
for cost-effective productivity improvements in a sustainable way, especially through an
appropriate combination of specialisation and diversification in food production; increase
the yield levels of food crop production, especially staple crops and where high potential
resources can be sustainable mobilised, through the adoption of more productive
technologies adapted to improving farming systems; upgrade the effectiveness of
water management; increase the productivity of livestock-based food; reduce food
losses in the entire food chain of production, marketing and processing through more
effective and sustainable practices; strengthen adaptive agricultural research and
extension and dissemination services to provide appropriate technologies for the variety
of production systems; strengthen production support services and rural finance
mechanisms; and strengthen Government capacity for planning, implementation,
co-ordination and monitoring of policies and programmers for rapid and sustainable
expansion in food production and supply.
f) Enhancing Export Earning Capacity to Meet Import Needs
The need to revitalise the export sector, along with efforts to diversity its base, is
particularly compelling since: the region's financial requirements for meeting import
needs, for subsistence and development, are rapidly growing; the outlook for international
financial assistance and food aid is less than promising, indicating growing pressure for
locally-based import capacity in the years ahead; and market prospects are somewhat better
for several major commodities exported by the region than during the disastrous past
decade.
Actions that should be taken are as follows: pursue opportunities for enhancing
regional trade (taxation and marketing policies, search for areas of complementarily, and
harmonisation of support; removing trade barriers across regional borders; development of
collective strategies for global trade negotiations to ensure fair access to world markets
and recognition of the need for special treatment for the poor, agricultural
trade-dependent countries of the region); establish national food control programmers to
ensure the quality and safety of food sold in the region both for domestic consumption and
for export; promote export diversification by incorporating both non-traditional
high-value products and value-added products through agro-processing; and take
advantage of the new opportunities that may arise from the liberalisation of international
markets following the Uruguay Round.
TheWorld Food Summit of Europe, held in 1996 in Tel Aviv, emphasized several goals
including the following:
- Ensuring the Political and Economic Environment for Food Security
- Securing Sustainable Safety Nets and Social Support Systems for the Food Insecure
- Ensuring the Availability of Adequate Food Supplies
- Strengthening the Role of Europe in Improving Global Food Security
Return to top
|
