A/70/297
66. Like other programmes, conditional cash transfer programmes 59 must take into
account disability-related needs. However, there is growing evidence that the
conditionalities attached to these programmes tend to exclude persons with
disabilities owing to structural barriers. This includes, for instance, the lack of
inclusive education that precludes children with disabilities from attending school
or the lack of accessible information that impedes deaf persons from participating in
training or meetings with the social services. In response, some conditional cash
transfer programmes have opted to exempt persons with disabilities from the
conditionalities that they cannot fulfil because of existing external barriers. While
such exemptions allow persons with disabilities to fight short -term poverty, they
contradict the overall goal of investing in human capabilities to promote social
inclusion and active participation, and represent a missed opportunity to address
longer-term poverty.
67. To be inclusive, States should support persons with disabilities in meeting the
conditionalities established by conditional cash transfer programmes. While
allowing them to benefit from the programmes despite not meeting the
conditionality criteria is a positive, if insufficient, measure, an intersectoral
intervention is needed to guarantee access to the required serv ices by persons with
disabilities and their families. This support must also be available to parents with
disabilities when they are not the direct beneficiaries, but are responsible for
ensuring that the targeted members of the household meet the set cond itions.
68. States must ensure that the implementation of programmes does not undermine
the rights of persons with disabilities. In some cases, to access benefits, adults with
disabilities are compelled to renounce their legal capacity or receive treatment and
rehabilitation on a regular basis, including psychiatric treatment. In other cases,
services are offered in segregated settings — such as special schools or sheltered
employment — or otherwise in a way that is not compliant with human rights
standards. Such practices are contrary to the intrinsic dignity of persons with
disabilities and contradict the principles of non -discrimination, participation and
inclusion.
F.
Non-discrimination
69. States have an obligation to ensure access to social prote ction for all persons
with disabilities on an equal basis. States must therefore recognize the right to social
protection without discrimination on the ground of disability — whether in law or in
fact, and whether direct or indirect discrimination — and eliminate discrimination in
law, policy and practice.
70. The principle of non-discrimination must be respected at all stages of a social
protection programme cycle, including at the design, implementation and
monitoring stages. States must ensure that social protection programmes are
designed, implemented and monitored in a way that takes into account the
experiences of all men and women with disabilities, from the selection of
beneficiaries to the delivery of services and benefits. To that end, social prot ection
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59
20/25
Conditional cash transfers are considered by some experts as non -compliant with the human
rights-based approach. See M. Sepulveda and C. Nyst.
15-12544
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