Consensus Paper

Social Security

This right has been programmatically formulated by the sub group working on it. The sub group has recommended the following programmatic interventions:

• Housing, shelter, land, food security and social security
• Social Security included health insurance, pension unemployment allowance
• Special Importance has to be accorded to the standard of living, especially for women and children with disability.
• Inclusion of provisions for safe drinking water and proper sanitation, especially in the rural sector.

The sub group may consider the various suggestions it received for this chapter in the 29^th Sep -1^st Oct 2010 Meeting and make its recommendations for the consideration of the Committee [These suggestions have been included in the minutes of the meeting]

Right to Health

This right is also now being considered by the entire committee even as Dr. Dharmendra is leading the discussion. For the convenience of deliberation the CRPD mandate and the suggestions received by the Committee are being included.

CRPD Mandate

Asserting the value of the life of PD's

• Highest attainable standard of health without discrimination
• Access to health services without discrimination
• Even as the CRPD privileges the social model it also recognizes the fact of impairment
• Holistic construction of Health
• Equality and Non Discrimination
• Same range, quality, and standard of free or affordable health care as provided to other persons
• Sexual and reproductive health
• Population based public -health programs
• No discrimination in health insurance
• No discrimination in life insurance

Right to Disability Specific Services

• Services needed specifically because of disabilities
• Early identification, intervention and prevention of further disabilities
• Primary prevention programs would not be covered by this law

Need to build entitlement into law

Other than the generic right of equality and non discrimination does the Committee wish to create any particular entitlements for any specific disabilities? This question may be especially relevant for the medical disabilities.

Administration of Health Services

• Close connect between this article and the right to legal capacity liberty and integrity
• Service on the basis of free and informed consent
• Waiver of this condition on an equal basis with others. The Committee would need to consider how ethical principles such as confidentiality; free and informed consent and no force should be inducted in the law.

Question of Vulnerable Populations

• How should twin tracking be undertaken for women and children
• Should there be explicit mention for the aged

The Committee would also need to examine the report of the parallel group working on health. This report has emphasized on the fact that persons with disabilities require a greater degree and standard of health care; and that there is need to recognize the fact that they are likely to spend much more for their health care needs; and they will utilize the health care system much more. Consequently, there is a need to consider them as 'priority population' within the realm of health care.

Following salient features/aspects emerged from the report:

• This report has defined health as a state of physical and mental, social, economic and cultural well being to the highest attainable standard conducive to living a life with dignity, without impinging on the capacity to make choices, individual autonomy and legal capacity. From this operational definition, the report has delved into various aspects such as accessibility (the right to access the full range of quality and affordable healthcare, especially during the times of natural and man-made disasters, conflicts and humanitarian emergencies.
• Accessibility was spoken of in terms of physical structure, building, medical equipment, availability of trained personal assistance etc.), availability of health care services within close proximity, training of health care professionals, non-discrimination, support mechanisms, awareness and dissemination of information in accessible formats, sexual and reproductive health etc.
• The right to health in the context of women and girls has been specifically discussed, as also the health concerns of children with disabilities (especially in the context of early identification and intervention).
• The need to address the concerns of elderly with disabilities has also been highlighted, particularly in the context of its inclusion in various social security measures.
• The overarching attempt is to facilitate the co-existence of specific allowances for disability and universal legal entitlements at the same time.