Article 28 – Adequate standard of living and social protection - Article 28

Latest news : The latest EBU analytical report on article 28 of the uncrpd 'Adequate standard of living and social protection - Monitoring the Rights of Blind and Partially-Sighted People in Europe' now available in .doc and .pdf formats.

Convention Text

 1.1 States Parties recognise the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realisation of this right without discrimination on the basis of disability. R1

1.2 States Parties recognise the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realisation of this right, including measures:

(a) To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs; R1

(b) To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes; R1

(c) To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care; R1

(d) To ensure access by persons with disabilities to public housing programmes; R2

(e) To ensure equal access by persons with disabilities to retirement benefits and programmes.

Declaration of Needs and Characteristics

2.1 Blind and partially-sighted people experience information, communication, daily living, mobility, education, social, vocational, leisure and recreational barriers. They require services, assistance and devices to overcome these barriers to be enabled to lead inclusive lives in the community. The nature and extent of the facilities and support required will depend upon factors such as age, lifestyle, extent of visual loss, role and status in family and community. The assistance required is likely to include personal assistance to maintain domestic hygiene, access to information, to adapt equipment and personal environments, to identify personal effects, to read printed and interpret graphical material, to correspond and to travel.

2.2 Blind and partially-sighted people are less likely to be employed; a disproportionately high number consequently live in poverty. Blind and partially-sighted people require equipment and have to pay for personal assistance to overcome the disabling impact of visual loss. Blind and partially-sighted people must be compensated for the additional costs that arise from visual loss. This compensation must be available regardless of individuals' financial status. Blind and partially-sighted people must also receive statutory personal financial assistance that is required to prevent poverty and provide social protection.

2.3 To travel independently, blind and partially-sighted people either have to walk or use public transport, for example to access educational facilities, places of work, cultural and social amenities. The public/social housing allocated to blind and partially-sighted people and their families therefore needs to be in locations that has access to public transport and amenities.

Important Aspects of Convention Text

3.1 Convention text - R1 1. States Parties recognise the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realisation of this right without discrimination on the basis of disability.

2. States Parties recognise the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realisation of this right, including measures:

(a) To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs;

(b) To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes;

(c) To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care.

3.2 Requirement - Blind and partially-sighted people must be provided with assistance including personal assistance to access information, adapt equipment and personal environments, identify personal effects, read printed and interpret graphical material, correspond and travel.

3.3 Requirement - All blind and partially-sighted people, regardless of individual financial status, must be compensated for the additional costs incurred for tasks that have to be undertaken that require the use of sight.

3.4 Requirement - Blind and partially-sighted people must receive statutory financial assistance to prevent poverty and provide social protection. Failure to provide compensation for the consequential costs of visual disability and also to prevent poverty constitutes discrimination.

3.5 Convention text - R2 (d) To ensure access by persons with disabilities to public housing programmes.

3.6 Requirement - The public/social housing allocated to blind and partially-sighted people and their families must be in locations that enable blind and partially-sighted people to independently access public transport and local amenities.