Abstract

The role played by international law in guaranteeing the right to an adequate standard of living is an important one. For a number of years, international bodies have sought to introduce certain levels of financial and other benefits which aim to provide for a basic standard of living for persons in need. In addition, international law has recently turned to the issue of the rights of persons with disabilities, which includes the right to social security and an adequate standard of living. The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) was adopted by the General Assembly in December 2006 and has become the primary international law instrument in realising the rights of persons with disabilities, including the right to an adequate standard of living.

Highlights

  • The role played by international law in guaranteeing the right to an adequate standard of living is an important one.[1]

  • International law has recently turned to the issue of the rights of persons with disabilities, which includes the right to social security and an adequate standard of living

  • The current socio-economic position of persons with disabilities in South Africa will be considered, with particular focus on the levels of poverty experienced by persons with disabilities. Once this position has been set out, the development of the right to an adequate standard of living in international law will be discussed with the aim of establishing the scope and content of the right in the United Nations (UN) CRPD

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Summary

INTRODUCTION

The role played by international law in guaranteeing the right to an adequate standard of living is an important one.[1]. The current socio-economic position of persons with disabilities in South Africa will be considered, with particular focus on the levels of poverty experienced by persons with disabilities Once this position has been set out, the development of the right to an adequate standard of living in international law will be discussed with the aim of establishing the scope and content of the right in the UN CRPD. This will be accomplished by interpreting the provision of Article 28 of the CRPD in the context of the historical development of the right in international law

POVERTY AND DISABILITY
Approaches to determining levels of poverty
Levels of poverty amongst persons with disabilities
The Universal Declaration of Human Rights
ARTICLE 28 OF THE CRPD
STATE OBLIGATIONS CREATED BY ARTICLE 28 OF THE CRPD
Findings
CONCLUSION

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