A/70/297
I.
Resource implications
81. Implementing a social protection system not only entails having legislation
and policies in place, but also financial resources and institutions with the capacity
to implement and monitor them. The obligation of progressive realization compels
States to take appropriate measures to the maximum of their available resources
towards the full realization of the right to social protection. This concept should not
be understood as discharging States from any obligations until they have sufficient
resources. On the contrary, States must take constant steps t o improve the
enjoyment of the right to social protection of persons with disabilities, with a time bound plan and measurable benchmarks to help monitor progress.
82. States have various obligations of immediate effect in relation to the right of
persons with disabilities to social protection, which include: the elimination of
discrimination in the exercise of this right, the promotion of gender equality,
securing access to social protection and ensuring a minimum essential level of
benefits for all persons with disabilities and their families. 66 These minimum
essential levels constitute the core of nationally defined social protection floors and
are crucial to securing an adequate standard of living for persons with disabilities,
including basic subsistence, essential primary health care, basic shelter and housing,
and basic forms of education. 67 States must meet these core obligations even if their
resources are scarce.
83. To guarantee progressive realization of the right to social protection, States
should formulate strategies and plans that include realistic, achievable and
measurable indicators and time-bound targets, designed to assess progress in its
implementation. In addition, States should adopt adequate laws and policies, and
disburse funds to implement these plans and strategies. States must refrain from
entrusting private charities with funding responsibility for persons with disabilities,
owing to the unsustainability of this approach and the possible negative impact on
the rights of persons with disabilities. 68
84. In practice, since the financial crisis of 2008, many countries have been
reducing their social protection systems, disproportionately affecting persons with
disabilities. In some countries, austerity measures include cuts in or caps on
disability benefits, stricter eligibility criteria, the elimination or reduction of
subsidies and tax credits, and reduced expenditure on community support services,
such as in-home services and personal assistance. These cuts are not only affecting
the standard of living of those who relied on such benefits, but also limit their
capacity to live independently, often leading to their institutionalization.
85. The obligation of progressive realization prohibits deliberate retrogressive
measures in the exercise of the right to social protection. According to the
Committee on Economic, Social and Cultural Rights, States can only justify a
retrogressive measure if it is introduced after the most careful consideration of all
other alternatives, and if duly justified by reference to the totality of the rights
enshrined in the Covenant on Economic, Social and Cultural Rights. 69 States must
__________________
66
67
68
69
15-12544
Committee on Economic, Social and Cultural Rights, general comment No. 19, para. 59.
M. Sepulveda and C. Nyst, see note 40.
CRPD/C/MEX/CO/1, para. 18; CRPD/C/PER/CO/1, para. 18; and Committee on the Rights of
the Child, CRC/C/MEX/CO/4-5, para. 45.
Committee on Economic, Social and Cultural Rights, general comment No. 19, para. 42.
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