Article 28 – United Nations Convention on the Rights of Persons with Disabilities

Article 28 reaffirms that States Parties recognize 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 realization of this right without discrimination on the basis of disability.

2. States Parties recognize 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 realization 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;

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

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

State obligations in international law related to the right to an adequate standard of living for persons with disabilities

“Article 28 confirms the rights to an adequate standard of living and social protection and then goes about providing some indication as to the meaning of those rights. In other words, the Article mentions measures that would contribute to the realisation of the rights in question. However, the precise scope and content of these rights have not yet been clarified since no extensive research has been undertaken in this regard. What follows will thus be an attempt to expand upon the meaning of the right to social protection and the right to an adequate standard of living and, importantly, to determine the obligations created by Article 28 for States Parties.”