A/70/297
Convention, 44 States have started an analysis to assess where they stand and identify
legislative gaps. This analysis is an important step for States to take towards a
comprehensive harmonization process, where national le gislation, policies, customs
and practices are measured against the principles, rights and obligations of the
Convention.
44. States should ensure that provisions relating to the access of persons with
disabilities to social protection are included in disa bility-specific legislation and in
mainstream legislation and policy on social protection. Indeed, the review process
should encompass legislative areas beyond the traditional scope of social insurance
and disability-specific laws, including for instance legislation on education, health,
employment, housing and social inclusion.
45. States must also review their institutional frameworks to ensure that persons
with disabilities are adequately included in social protection systems. In principle,
these frameworks must bring coherence and coordination, rather than fragmentation,
across programmes, actors and levels of government responsible for implementing
social protection policies. 45 In practice, however, disability-related social protection
initiatives are too often disconnected from the broader social protection
coordination system and implemented in isolation by the disability agencies within
the government, rather than as part of the main social protection strategy. These
disability agencies often operate without the engagement and necessary technical
support of the main agencies in charge of national programmes. Of additional
concern is the lack of coordinated responses between national and subnational
authorities, which can jeopardize the availability and quality of benefits and
services within a country.
46. This fragmentation increases the likelihood of persons with disabilities being
excluded from mainstream social protection programmes, thus limiting the scope,
quality and adequacy of the services and benefits they receive. To avoid this, States
must ensure that all disability-related programmes are considered as an integral part
of their national social protection strategies and are not delegated solely to the
responsibility of the government’s disability agency. States should also devote
efforts to taking the needs of persons with disabilities into consideration in their
mainstream social protection programmes, and enhancing their internal coordination
mechanisms to address those needs in a comprehensive manner. Further, States
should invest in interministerial and intersectoral capacity-building to strengthen the
institutional framework.
B.
System design
47. States need to assess how the design of their social protection systems affects
the situation of persons with disabilities, and in particular: (a) the balance between
contributory and non-contributory schemes and (b) the balance between mainstream
and specific programmes.
48. Although persons with disabilities can be covered by contributory sche mes
(e.g., social insurance programmes), they have considerably fewer opportunities to
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44
45
15-12544
The Convention on the Rights of Persons with Disabilities establishes general obligations
relating to legislative harmonization in article 4, paragraph 1 (a) and (b).
M. Sepúlveda and C. Nyst.
15/25
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