A/70/297
E.
Multiple and aggravated forms of discrimination
40. There are persons with disabilities across all population groups, including
those historically discriminated against or disadvantaged, such as persons o f African
descent, indigenous peoples, lesbian, gay, bisexual, transgender and intersex persons ,
and minorities. In the design and implementation of social protection programmes,
States must acknowledge the multiple and aggravated forms of discrimination f aced
by persons with disabilities belonging to these groups.
41. Social protection systems must also respond to the needs of heterogeneous
groups within the disability community, including those that may be easily forgotten
in policymaking, such as deaf persons, 41 autistic persons, and persons with
psychosocial or intellectual disabilities. Impairment -specific considerations may be
relevant for the purpose of providing targeted support services, for instance for
people who are blind, deaf or deaf-blind. It is worth noting, however, that traditional
disability-welfare approaches under the medical model de facto promoted inequality
among the diversity of persons with disabilities by adopting legislation that
benefited certain groups of persons with disabilities while excluding others. The
deprivation of legal capacity faced by many persons with disabilities has also led to
systematic discrimination in accessing their right to social protection and control
over support provided.
IV. Key elements to build disability-inclusive social
protection systems
42. To ensure a comprehensive social protection system, States have an obligation
to adopt national strategies and plans of action 42 that consider the equal rights of
persons with disabilities. In this regard, the design, implementation and monitoring
of those strategies and action plans must comply with the Convention on the Rights
of Persons with Disabilities. Similarly, targets or goals have to include disability specific benchmarks and indicators, to monitor and evaluate whether social
protection systems benefit persons with disabilities or not.
A.
Legal and institutional frameworks
43. States have to include the right of persons with disabilities to social protection
in their domestic legal framework. Where national legal frameworks define
entitlements to social protection benefits, rights-holders have a legal ground to
claim their rights, and the system as a whole tends to be more stable and
sustainable. 43 While the contributions to the present report illustrate a variety of
approaches, existing legislation generally falls short in guaranteeing this right in its
full extent to persons with disabilities on an equal basis with others. It is
encouraging to note, however, that, in line with their obligations under the
__________________
41
42
43
14/25
A contribution to the present report illustrated an interesting measure to assist deaf persons
though remote sign language interpreters via video connection when a deaf person visits a health
centre.
Committee on Economic, Social and Cultural Rights, general comment No. 19, para. 68.
M. Sepúlveda and C. Nyst.
15-12544
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