Chapter 2 | Page 66
Human Rights (UDHR), as well as the provisions of Article 2(2) of the ICESCR
apply to discrimination on the grounds of disability.95 Persons with disabilities
are often discriminated against more severely in areas such as education,
employment, housing, transport, cultural life, and access to public places and
services. Hence, States parties are required to take positive steps to reduce
structural disadvantages for persons with disabilities so they can enjoy ESC
rights like everyone else.96 States are also required to take a number of steps
such as compulsory old-age insurance, safer and appropriate working
conditions, proper retirement preparation programmes and non-contributory
old-age benefits for those who are not entitled to a pension.97
Elimination of all forms of discrimination, both formally and substantively, is
necessary for the full enjoyment of ESC rights.98 To this end, States parties
are required to adopt necessary measures to ‘prevent, diminish and eliminate
the conditions and attitudes which cause or perpetuate substantive or de facto
discrimination.’99
2.3.1.3 Minimum core content and minimum core obligations
The Covenant does not explicitly provide for any minimum standard of
achievement for specific rights. However, this does not afford States complete
freedom in relation to the level of achievement of ESC rights and the necessity
of maintaining a minimum standard of achievement. Through its interpretive
work, the ESCR Committee identified the existence of ‘minimum core content’
or ‘minimum core obligations’ for the substantive ESC rights in relation to basic
95
Committee on Economic, Social and Cultural Rights, General Comment No 5: Persons
with Disabilities, 11th sess, UN Doc E/1995/22 (9 December 1994), [5].
96
Ibid., [9] [15] [22] [23] [24] [25].
97
Committee on Economic, Social and Cultural Rights, General Comment No 6: The
Economic, Social and Cultural Rights of Older Persons, 13th sess, UN Doc E/1996/22 (8
December 1995), [27] [23] [24] [25] [30]; CESCR General Comment No 5, E/1995/22,
above n 95, [28].
98
Committee on Economic, Social and Cultural Rights, General Comment No 20: Nondiscrimination in Economic, Social and Cultural Rights (art. 2, para. 2, of the International
Covenant on Economic, Social and Cultural Rights), 42nd sess, UN Doc E/C.12/GC/20 (2
July 2009), [8].
99
Ibid.
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