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Legislation is also required to set standards for building both private and public facilities that take also account of the needs of the disabled. Physical barriers obstacle a full integration of disabled persons in their living circumstances and therewith to a wide-ranged presence in public life so too.
Herein, The Copenhagen Declaration and Programme of Action, Section B 26 (I) provides that States should take efforts to make the physical environment accessible for persons with disabilities. Especially the following themes are mentioned in this declaration: a) Access Regulations like architectural building codes, b) Public Housing like homeless shelters and c) Public Transportation like travelling with disabled passengers.
Moreover, the guide Designing with Care provides technical and architectural measures to build in both, private and public area, with responsibility to disabled persons.
Equalisation of opportunities is the essence of sustainable social development, development for all that leads toward more freedom for all. Equal opportunity policies towards disadvantaged and vulnerable social groups, like the disabled, should be included into 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.
Financial assistance helps to secure equal treatment for the disabled and to alleviate the economic problems faced by disabled persons and their families. However, financial assistance targeted for the benefit of disabled persons should avoid enforcing the isolation of persons with disabilities from the mainstream. It should include specific components to enable persons with disabilities to gain equal participation to its benefits.
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 the disabled 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 readjustments 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 or both and to whom - degree of disability, income, or geographical location; how to allocate the costs of the program; and how to determine the amounts to be received, in order to develop income and social security protection for the disabled.
There must also be arrangements that would allow disabled persons easily 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. Thus, the disabled can have access to arbitrators, mediators, and other independent bodies or tribunals.
In order to finance these services, Governments may enact measures such as strengthening their capacity to attract investors, adopting macro-economic policies and frameworks that encourage domestic savings and facilitate their use, supporting local efforts to encourage voluntary private and community sector partnership, implementing policies that attract private and community investment to urban development, and institutionalising budget mechanisms. Other possible measures include taxation, tariffs and betterment levies. Such measures are needed because in many countries social expenditure is considered an obstacle to economic growth.
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.
Social security and insurance systems should not discriminate against disabled persons. They should 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, which leads to the integration of persons with disabilities into mainstream society.
A strong commitment to enact legislation that provides employment opportunities lessens public expenditure because disabled persons would be able to provide for themselves. 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.
Article 9 (1) of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights confers that "…everyone shall have the right to social security protecting him from the consequences (…) of disability, which prevents him, physically or mentally, from securing the means for a dignified and decent existence".
Article 6 of the Convention concerning Employment Promotion and Protection against Unemployment urges States to ensure the equality of treatment for all persons in the disbursement of social security benefits, without discrimination on the basis of disability. The preceding should not prevent the adoption of special measures to meet the specific needs of categories of persons who have particular problems in the labour market, in particular disadvantaged groups.
Article 4 of the Convention concerning Vocational Rehabilitation and Employment (Disabled Persons) sets forth that State employment and vocational rehabilitation policies be based on the principle of equal opportunity between disabled workers and workers generally.
Paragraph 23 of the Recommendation concerning Vocational Rehabilitation of the Disabled states that "…disabled persons should be enabled to make use of all rehabilitation services without losing any social security benefits which are unrelated to their participation in these services." Paragraph 25 sets forth that "…disabled persons, including those that receive disability pensions, should not (…) be discriminated against in respect to wages and other conditions of employment if their work is equal to that of non-disabled persons."
Article 11(f) of the Declaration on Social Progress and Development states that one of the goals of social progress and development shall be the guarantee that all individuals without discrimination of any kind receive the necessary aid in the exercise and safeguarding of their rights.
Paragraph 63 of the Vienna Declaration and Programme of Action states that any direct discrimination or other negative discriminatory treatment against a disabled person is a violation of his or her rights. Governments are urged to adopt or adjust legislation to assure non-discriminatory treatment of disabled persons.
Chapter II, General principles, paragraph 1, of The Vancouver Declaration on Human Settlements states that the improvement of the quality of the life of humans begins with the satisfaction of the basic needs, which includes social security without discrimination.
Paragraph 1 of the Declaration on the Rights of Disabled Persons states that disabled persons have the same civil and political rights as other human beings. Paragraph 7 states that disabled persons have the right to economic and social security.
Paragraph 118 of the World Programme of Action concerning Disabled Persons states that where social security exists for the general population, it should not exclude or discriminate against disabled persons. Paragraph 61 recommends that States enact legislation in order to achieve equal opportunities for the disabled; thus, discriminatory policies against the disabled should be removed.
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."
States should enact legislation that ensures disabled citizens have 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 disabled persons 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 disabled persons 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 productive capacity by providing them with access to capital, resources, credit, land, technology and information so that they can raise their income and improve their living conditions.
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 the disabled person achieves 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 disabled persons. Paragraph 119 states that disabled persons should make easily accessible arrangements and their families can appeal, through an impartial hearing, against decisions concerning their rights and benefits in this field.
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 the disabled. Thus, it is important to enlist the active participation of local government and community organisations, such as citizen's groups, trade unions, women's organisations, consumer organisations, religious bodies, political parties and parents' associations.
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 disabled should be integrated into mainstream of community development and where appropriate receive financial (…) support."
Paragraphs 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 the disabled, 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 organisations.
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 in programmes on disability.
Governments should provide services that will reduce disabling effects of disabled person’s impairments and help them 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.
Disability sensitive planning should include the adoption of laws, standards and norms that recognise and take into account the existence of persons with disabilities. Consequently, the consideration of the needs of persons with disabilities would be included into the planning, financing and implementation of mainstream development co-operation activities- and their budgets- as a matter of course. 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 the particular care and assistance to which the disabled and their families have a right. Inadequate or lack of shelter contributes to loss of dignity, security and health. Governments should develop policies and guidelines and provide services that would enable persons with disabilities to be housed in community settings. Appropriate financial arrangements should be made, such as reducing the cost of credit and strengthening securities market and making it more available as a source of funds to purchase housing. Governments should design a direct subsidy mechanism and apply it to the demand for low-cost housing, to benefit the most needy sectors, which includes the disabled. Governments should also closely monitor the management of these policies.
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: (a) studying and assessing the needs for workers' housing and related community facilities and (b) 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 financial equity in his 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:
1. 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; 2. establish a comprehensive detailed body of property law; 3. encourage the private sector to mobilise resources to meet varying housing demands, including rental housing, maintenance and rehabilitation; 4. 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:
1. 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. 2. The adequate standard aimed at should be identified on the basis of an analysis of the standards and options affordable to the target population. 3. The objectives of the shelter sector need to be linked to the goals of the overall economic policy. 4. Direct Government support should mainly be allocated to the most needy population groups. 5.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. Measures such as appropriate financial schemes or training programmes. 6. The development of administrative, institutional and legislative tasks that are the direct responsibility of the Government, for example, land registration and regulation of construction. 7. An analysis of affordability will provide the criteria for defining the right priorities and appropriate approaches for public sector involvement. 8. 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.
Mobility is one of the most crucial factors in the rehabilitation of disabled persons and therefore it’s mentioned as a very important human right, especially to disabled persons. So, poor mobility among disabled persons is not a transportation problem but a denial of human rights. 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 their right to work. Travelling problems faced by the disabled prevent them from obtaining employment in some institutions.
Disabled persons should be provided, beside the other problems of disabled-fitting building (e.g. Designing with Care), 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 organisations to provide transport.
Other measures exist, such as cash subsidies, adoption to existing public transport system, and specially adapted automobiles. Also, the transfer of new technology in transport is very important because new and better ways to facilitate disabled person's mobility are created constantly and it must be attainable by all communities.
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.
Legislation should be aimed at ensuring the effective exercise of the right to health, without any discrimination. All persons should have security in health matters, and the availability of necessary help without financial barriers.
Governments within their national health care system should give priority and address the special needs of the disabled. Responsibility must be recognised at all levels of policy-making so that priorities in overall national development take into account the need and strengthen those aspects of life that are a prerequisite to health. Before launching or reforming their national health care system Governments should determine what types of health care financing to utilise in order to increase the resources allocated to health.
There should be public and private financing. The national health care system should encourage the participation of public agencies and private and non-governmental organisations involved in the sector in planning and monitoring its execution and access.
A primary health care system should provide a wide-range of curative, rehabilitative and other support services to meet the basic health needs of the population and give special attention to vulnerable groups such as the disabled.
Article 25 of the Universal Declaration of Human Rights states that each person has "…the right to security in the event of (...) sickness…". Article 10 (f) of the Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social, and Cultural Rights urges States to satisfy the health needs of the highest risk groups and of those whose poverty makes them the most vulnerable.
Article 18 (4) of the African Charter on Human and People’s Rights states that the disabled should have the right to special measures of protection in keeping with their physical needs.
Article 13 of the European Social Charter urges States to ensure that any person who is without adequate resources and who is unable to secure such resources be granted adequate assistance and the care necessary in the case of sickness.
Article 12 of the International Covenant on Economic, Social and Cultural Rights recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, and that States create conditions which will assure to all medical service and attention in the event of sickness.
Article 23 (3) of the Convention on the Rights of the Child states that whenever possible, the disabled child should be provided health care services free of charge.
Article 7 of the Convention concerning Employment Promotion and Protection against Unemployment urges States to secure persons the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature. According to Article 10 the benefit shall include at least: (a) general practitioner care; (c) specialist care at hospitals; (d) the necessary pharmaceutical supplies and (e) hospitalisation. Article 13 urges States to secure persons the provision of sickness benefit. According to Article 16 sickness benefits shall be a periodical payment.
Article 5 (4) (g) of the Convention concerning Employment Promotion and Protection against Unemployment encourages States to ensure the provision of medical care to persons in receipt of unemployment benefit and their dependants. Article 23 notes that a State whose legislation provides for the right to medical care and makes it directly or indirectly conditional upon occupational activity shall endeavour to ensure, under prescribed conditions, the provision of medical care to persons in receipt of unemployment benefit and to their dependants.
Article 7 of the Convention concerning Medical Care and Sickness Benefits states that the contingencies covered by the Convention should include: (a) need for medical care of a curative and preventive nature and (b) incapacity for work resulting from sickness and involving suspension of earnings, as defined by national legislation. Article 8 states that medical care shall comprise at least: (a) general practitioner care; (b) specialist care at hospitals; (c) the necessary pharmaceutical supplies; (d) hospitalisation and (e) medical rehabilitation. Article 18 states that sickness benefits are in periodical benefits. Sickness means any morbid condition, whatever its cause. Article 22 and 23 set forth that a periodical payment shall be such as to attain at least 60 percent of the total previous earning of the beneficiary or 60 percent of the total wage of an ordinary adult male labourer. Article 29 states that very claimant shall have the right of appeal in the case of refusal of benefit or complaint as to its quality or quantity.
Article V of the Declaration of Alma-Ata states that Governments are responsible for the health of their people which can be attained by the provision of adequate health and social measures. The main social target is the attainment of all peoples a level of health that will permit them to lead a socially and economically productive life. Article VII (6) states that those in need should have priority in health care and article VIII urges Governments to formulate national policies, strategies and plans of action to launch and sustain primary health care as part of a comprehensive national health system and in co-ordination with other sectors.
Article 10 (d) of the Declaration on Social Progress and Development states that social progress and development should aim at the achievement of the highest standards of health and the provision of health protection for the entire population. In addition, article 19 notes that free health services, adequate preventive and curative facilities, and welfare medical services are the means to achieve the above goals.
Paragraph 118 of the World Programme of Action concerning Disabled Persons encourages the establishment and development of a public system of social care and health protection. Paragraph 96 urges States to co-ordinate programmes for prevention of disability which include community-based primary health care systems that reach all segments of the population, and for public health activities that will assist people in attaining lifestyles that will provide the maximum defence against the causes of impairment
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 crises. Food aid is a resource for investment in long-term development.
Food insufficiencies must be tackled head on, 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 reorganisation 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 extensive nature of food insecurity and 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 food insecurity most extensively of all the 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.
e) 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.
Also the World Food Summit of Europe, held in 1996 in Tel Aviv, emphasises several goals, which have to become practice in Europe, especially to support the disabled persons’ development:
a) Ensuring the Political and Economic Environment for Food Security The relationship between peace and food security is well understood by the citizens of Europe. The political and economic environment throughout Europe, so conducive to the goal of universal food security for 45 years, continues to be generally so for the Traditional Market Economies, but could not be sustained by the other countries of the region.
Actions that should be taken at the national, sub-regional and regional levels, Governments, in co-operation with civil society and regional and international organisations, are as follows: embrace monetary, fiscal and trade policies that encourage savings and investment; promote sustainable growth in the production of goods and services; reduce unemployment or under-employment of human resources, and, thereby, improve access to food; safeguard the basic rights of employees, including earnings and salaries that enable them to purchase a nutritionally adequate food basket; and pursue and strengthen human-centred economic and social reforms that balance growth with social objectives.
b) Securing Sustainable Safety Nets and Social Support Systems for the Food Insecure The social support systems in Europe which, inter alia, provide access to food for those who are unable to find work or who are unable to work, range from excellent to totally inadequate. In a few countries the level of support appears to be higher than necessary to have access to a healthy diet.
Actions that should be taken at the national, sub-regional and regional levels, Governments, in co-operation with civil society and regional and international organisations, are as follows: assess the adequacy and efficiency of social support systems that deliver benefits to the vulnerable, and, as necessary, modify them so that all in need have access to a diet that will permit them to lead a healthy and productive life; share experiences in ensuring access to food for those with limited incomes, so as to improve efficiency and cost effectiveness of social support systems in ensuring access to a minimally adequate diet; promote nutritional education and communication activities to raise awareness of the links between diet and good health and reduce excessive, health-deleterious food consumption; protect vulnerable groups during the economic restructuring process; and provide technical assistance, advice and funding for special relief programmers to assist the undernourished, especially those in the low-income countries.
c) Ensuring the Availability of Adequate Food Supplies The amount of food needed to meet future regional demands will increase slowly, especially after the short-term surge associated with the resumption of economic growth in the transition countries. The task of ensuring the availability of adequate food supplies for the regional population, therefore, should not present a serious problem.
Actions that should be taken at the national, sub-regional and regional levels, Governments, in co-operation with civil society and regional and international organisations, are as follows: reduce barriers to regional food trade; maintain adequate incentives for food producers to earn a fair return to labour and management; invest in productivity-enhancing, environmentally friendly technology; support the main enhance or establishment of efficient systems to provide services to food producers, to produce and distribute inputs to them, and to market, transport, process and distribute food to consumers; encourage the maintenance of food reserves sufficient to ensure the role of reliable supplier; maintain health and quality control of food products; and strengthen the capacity to assess the impact of sector-specific policies and actions and development in international food markets on food security within the region and beyond.
d) Strengthening the Role of Europe in Improving Global Food Security The policies and actions of the European countries have had, and will continue to have, a major influence on the ability of the rest of the world to reach the goal of universal food security. Actions that should be taken at the national, sub-regional and regional levels, governments, in co-operation with civil society and regional and international organisations, are as follows: maximise the efficiency of ODA in promoting food security, agricultural productivity and overall development in developing countries; monitor closely development in the world food markets and in developing countries; ensure at all times the adequacy of food stocks; guarantee timely, sufficient and adequate food aid, agricultural imports or other forms of assistance to those countries that may be adversely affected by calamities and emergencies; and provide support to compensatory financing and other mechanisms which would ensure greater price stability and better terms for developing country exports.
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