E/C.12/GC/19
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(h)
Disability
20. In its general comment No. 5 ((1994) on persons with disabilities, the Committee
emphasized the importance of providing adequate income support to persons with disabilities
who, owing to disability or disability-related factors, have temporarily lost, or received a
reduction in, their income, have been denied employment opportunities or have a permanent
disability. Such support should be provided in a dignified manner17 and reflect the special needs
for assistance and other expenses often associated with disability. The support provided should
cover family members and other informal carers.
(i)
Survivors and orphans
21. States parties must also ensure the provision of benefits to survivors and orphans on the
death of a breadwinner who was covered by social security or had rights to a pension.18 Benefits
should cover funeral costs, particularly in those States parties where funeral expenses are
prohibitive. Survivors or orphans must not be excluded from social security schemes on the basis
of prohibited grounds of discrimination and they should be given assistance in accessing social
security schemes, particularly when endemic diseases, such as HIV/AIDS, tuberculosis and
malaria, leave large numbers of children or older persons without family and community
support.
3.
Adequacy
22. Benefits, whether in cash or in kind, must be adequate in amount and duration in order that
everyone may realize his or her rights to family protection and assistance, an adequate standard
of living and adequate access to health care, as contained in articles 10, 11 and 12 of the
Covenant. States parties must also pay full respect to the principle of human dignity contained in
the preamble of the Covenant, and the principle of non-discrimination, so as to avoid any adverse
effect on the levels of benefits and the form in which they are provided. Methods applied should
ensure the adequacy of benefits. The adequacy criteria should be monitored regularly to ensure
that beneficiaries are able to afford the goods and services they require to realize their Covenant
rights. When a person makes contributions to a social security scheme that provides benefits to
cover lack of income, there should be a reasonable relationship between earnings, paid
contributions, and the amount of relevant benefit.
17
Institutionalization of persons with disabilities, unless rendered necessary for other reasons,
cannot be regarded as an adequate substitute for the social security and income-support rights of
such persons, as well as rehabilitation and employment support, in order to assist persons with
disabilities to secure work as required by articles 6 and 7 of the Covenant.
18
The Committee also notes that children have a right to social security. See Convention on the
Rights of the Child, article 26.