ICESCR Training Guide - Module 3: Social, Cultural Economic Rights

Facilitator Overview

Introduction

This module will provide participants with an understanding of the roles of Economic, Social and Cultural Rights in the lives of people with disabilities

Description

At the beginning of each section, a quick guide has been provided at the beginning of the section outlining specific rights, disability related questions connected to those rights, what is provided by the rights and policy relating to them.

• 3.1 Introduction to Economic, Social and Cultural Rights (15 minutes)
• 3.2 Social Rights (90 minutes)
• 3.3 Economic Rights (80 minutes)
• 3.4 Cultural Rights (80 minutes)

Time: 4 hours and 25 minutes

Participant Overview

Objectives

To gain an understanding of the roles of Economic, Social and Cultural Rights in the lives of people with disabilities. This will help to provide the tools needed to influence social change and raise awareness in these areas. Participants will be able to review their own roles in the promotion of Economic, Social and Cultural rights and work towards developing strategies to put them to use.

Description

After your introduction to human rights and international human rights instruments, the rest of the training will focus on rights based on the ICESCR and related articles and the ways that these rights relate to people with disabilities.

• 3.1 Introduction to Economic, Social and Cultural Rights (15 minutes)
• 3.2 Social Rights (90 minutes)
• 3.3 Economic Rights (80 minutes)
• 3.4 Cultural Rights (80 minutes)

Time: 4 hours and 25 minutes

Section 3.1 – Introduction to Economic, Social and Cultural Rights

Facilitator Information

• Review the Quick Guide on Economic, Social and Cultural Rights with the group.

Time: 15 minutes

Quick Guide: Economic, Social and Cultural Rights

International Covenant on Economic, Social and Cultural Rights (ICESCR) – 1976

Rights Protected:

• Right to self-determination (article 1)
• Ensuring equal rights of men and women (article 3)
• Right to work (article 6)
• Right to just and favourable working conditions (article 7)
• Right to form trade unions and the right to strike (article 8)
• Right to social security (article 9)
• Right to an adequate standard of living (article 11)
• Right to education (article 13)
• Right to take part in cultural life, to enjoy the benefits of scientific progress and its applications and to benefit from the protection of the moral and material interests resulting form any scientific literary or artistic production of which s/he is the author (article 15)

State Obligations:

• Ensure enjoyment of minimum essential levels of human rights (the ‘minimum core’ of rights) in all but very limited circumstances. In order for a State party to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources it must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations.
• Minimum core requirements:
  • The minimum essential food which is sufficient, nutritionally adequate and safe
  • Essential primary health care
  • Basic shelter and housing
  • Basic forms of education

Overarching Obligations:

The Committee on Economic, Social and Cultural Rights has employed the following analytical framework in setting out state obligations. This is sometimes known as the ‘tripartite typology’. According to the Committee, states parties have the following obligations:

• Respect – the obligation to respect requires governments to refrain from interfering directly or indirectly with enjoyment of ESC rights itself
• Protect – the obligation to protect requires governments to prevent third parties, such as corporations or paramilitaries from interfering in any ways with the enjoyment of ESC rights
• Fulfill – the obligation to fulfill requires governments to adopt the necessary measures to achieve the full realization of ESC rights)

Adapted from: Equitas Workshop Manual: Asia-Pacific Regional Workshop on Women’s Economic, Social and Cultural Rights

Section 3.2 – Social Rights

Facilitator Information

Introduction to Social Rights

• Introduce Social Rights. Describe to participants that each right will be discussed in detail.

Quick Guide: Social Rights (10 minutes)

• Review Social Rights Quick Guide.

Understanding Specific Social Rights (50 minutes)

• Review each specific right, asking some of the group discussion questions provided as time permits. (20 minutes)
• Following the discussion questions are the applicable human rights instruments (ICESCR, General Comment No. 5, CRPD) which support each right. (30 minutes)

Social Rights Activity (30 minutes)

• Break participants into small groups to review the two Court decisions and answer the discussion questions. If time is limited, you may want to assign half of the class to each case. Upon completion of the questions, have participants come back to the larger group to discuss the role of social rights based on these cases.

Participant Overview: Section 3.2 – Social Rights

Objectives

This section will explore in greater depth Social Rights in the lives of people with disabilities with specific reference to the International Covenant of Economic, Social and Cultural Rights (ICESCR), General Comment No. 5 of the UN Committee on Economic, Social and Cultural Rights and the Convention on the Rights of Disabled Persons (CRPD).

Description

The previous section provided a general background of the importance of Economic, Social and Cultural rights in the lives of people with disabilities. This section will look more closely at Social Rights and the particular rights that can be identified under this category.

• Introduction to Social Rights
• Social Rights Quick Guide
• Understanding Specific Social Rights
• Social Rights Activity

Time: 90 minutes

Introduction to Social Rights

Generally, social rights contribute to the well-being of individuals and society, enhancing the overall standard of living. Specific social rights include:

• Right to adequate housing
• Right to live independently and to be fully included in the community
• Right to adequate food and water
• Right to education
• Right to the highest attainable standard of health and rehabilitation
• Right to guardianship, wardship, trusteeship and the adoption of children

Each of these rights will be discussed below:

Quick Guide: Social Rights

Right	Included in Right	Disability Specific Issues	Applicable Human Rights Instruments
Right to adequate housing	Food Clothing Housing, including access to public housing Continuous improvement of living conditions	What is adequate? How can choice be determined? Are institutions and hospitals 'adequate' housing? What is adequate privacy? Who sets standards for habitability?	ICESCR (article 11) General Comment No. 4, 5, 9 CRPD (article 28) CEDAW (article 14) conditions CRC (article 22)
Right to live independently and to be fully included in the community	Independent choice about living arrangements Requiired support services to live in chosen arrangement and participate fully in the community Ability to live and work in the community Treatment in least restrictive environment, provision of community supports and services	What differentiates participation vs. service provision? How is choice and autonomy defined? In what ways can social institutions be democratized? (nothing about us without us) What support is available to live independently?	Standard Rules (#4) CRPD (article 19)
Right to Education	Recognition of education in an integrated, general education system Promotion of understanding, tolerance and inclusion Compulsory and free primary education for all Opportunity for life-long learning Enhancing opportunity to participate effectively in free society Reasonable accommodation Trained qualified teachers	How might this influence presumptions about capacity to learn? What is the purpose of education? What makes special education different inclusive education? How does teacher education need to be adapted to provide more inclusive classrooms?	ICESCR (Article 13(1 General Comment No 5, 13 CRPD (article 24) CEDAW (Article 10) CRC (Article 28 & 29) Standard Rules (Rule #6)
Right to the Highest Attainable Standard of Health and Rehabilitation	Same level of medical care Highest attainable standard to physical and mental health Prevention and treatment of disease, occupational hazards and still birth Access to medical service including orthopaedic devices to increase access Prevention of discriminatory denial of health care, services, food or fluid Earliest intervention possible Promotion of knowledge and use of assistive devices and technologies	What is the right to treatment? Does it include the right to refuse treatment? Does it include the right to be provided with treatment necessary to ensure survival’? What is therapy? How do we determine free and informed choice? In what ways do people with disabilities face a lack of access to health care?	ICESCR(Article 12(1)) General Comment No 5 and 14 CRPD (article 25, 26) CRC (Article 24(1) CRC (General Comment #4) Standard Rules #2, #3
Right to Guardianship, Wardship, Trusteeship and Adoption of Children	Guarantee that people have the option to live with their families if they wish Right/choice to marriage and to have own family Protection and support relating to motherhood and pregnancy Protection form sterilization and abortion without informed consent Opportunity for sexuality, sexual relationships and parenthood	How prevalent is involuntary sterilization? In what ways do marriage laws discriminate? What presumptions about sexuality do people with disabilities face? Do concepts of best interests reflect paternalism? How might the tension between self-determination and legal capacity be balanced? What are some of the issues that accompany guardianship and supported decision making?	ICESCR (Article 10(1)) General Comment No. 5 CRPD (article 23) CEDAW (Article 16(1)) Standard Rules (#9)

Understanding Specific Social Rights

Each right provided in the Quick Guide is discussed in detail below:

Part A:

• A description of the specific right
• Discussion questions surrounding each right

Part B:

• list and explanation of relevant rights instruments which support/uphold each right described

1) Right to Adequate Housing

Example of Rights in Action

Lisa is a 30 year old woman who works as a youth counselor. She has Muscular Dystrophy and uses a wheelchair. She has been able to obtain accessible, government-subsidized, affordable housing on a transit route so that she is able to get to her job without incurring extra expense or undue hardship.

Part A: Group Discussion

The right to adequate housing addresses dignity, physical security and personal privacy and also ensures a place for social events and nurturing family and community relationships.

1. How does adequate housing reflect human rights principles (dignity, autonomy, participation, inclusion and accessibility, respect for difference, and non-discrimination and equality)

Part B: Relevant Human Rights Instruments

1. ICESCR

   The ICESCR outlines the importance of housing and shelter for all people. Implementing this right impacts other areas related to housing including food and clothing, and shelter for the family.

   Note

   Also see General Comment No. 4 (Right to Adequate Housing). Available from the OHCHR website.

2. General Comment No. 5

   This interpretation of the ICESCR specifically referring to disability refers to both basic material need and things required to increase independence including such areas as:

   • particular types of clothing required to function
   • appropriate levels of personal assistance
   • accessible housing

3. CRPD

   The CRPD outlines the right of people with disabilities and their families to an adequate standard of living. This includes food, clothing, housing and the improvement of living conditions. These rights are safeguarded by ensuring:

   • Equal access to clean water
   • Equal, appropriate and affordable services
   • Protection programmes against poverty, especially for women and girls
   • Access to public housing
   • Access to retirement benefits and programmes

2) Right to Live Independently and to be fully Included in the Community

Part A: Group Discussion

1. In your experience, in what ways do you think people with disabilities could be better supported in this right?

Part B: Relevant Human Rights Instruments

1. ICESCR & General Comment No. 5

   Though this right does not appear specifically in the ICESCR it is connected to the right to housing and reflective of the spirit of this Covenant. Living independently does not necessarily refer to living alone or separated from family, but refers to independent choice about living arrangements. In too many cases, people with disabilities have been segregated from their communities and housed in institutions where they are vulnerable to human rights abuses. People with disabilities must have equal opportunities to choose their place of residence and living arrangements.

   For some people with disabilities, support services may be required for them to live in freely chosen living arrangements and to participate fully in their communities. Rule 4 of the Standard Rules calls on States to ensure the development and supply of support services, including assistive devices for persons with disabilities, to assist them to increase their level of independence in their daily living and to exercise their rights.

2. CRPD

   The CRPD identifies the right of people with disabilities to live in the community with equal choice and inclusion ensuring:

   • The opportunity to choose where and with whom they live
   • Access to in-home, residential and community services
   • Equal provision of services, responsive to individual needs

3) Rights to Adequate Food and Water

Part A: Group Discussion

The rights to adequate food and water are also part of maintaining an adequate standard of living and being able to live a life of dignity and comfort.

1. What do the rights to adequate food and water mean to you in your life and the lives of your friends who have a disability?
2. How important is being able to choose what you eat for your meals?

Part B: Relevant Human Rights Instruments

1. ICESCR

   The ICESCR outlines the importance of having enough food as part of an adequate standard of living.

2. General Comment No. 5

   General Comment No. 5 outlines the need for physical access and barrier removal for people with disabilities to maintain adequate food and other basic material needs enabling individuals to increase independence and ensure the ability to exercise rights.

   Note

   Also see General Comment No. 12, 15 (right to adequate food and water) of the UN Committee on Economic, Social and Cultural Rights, available from the OHCHR Website.

3. CRPD

   The CRPD recognizes the role social protection plays through the provision of basic needs including food and clean water and the State’s role in providing these necessities.

4) Right to Education

Part A: Group Discussion

The right to education has been recognized by the Covenant as an important tool of equal participation, linked to the promotion of freedom of thought and expression as well as individual political participation.

1. What does inclusive education mean to you? How does it relate to equality?
2. How does one's literacy level (the ability to read and write) impact the ability to participate?

Part B: Relevant Human Rights Instruments

1. ICESCR

   The Covenant recognizes the right of everyone to education contributing to the development of the human personality and increasing dignity, respect for human rights and fundamental freedoms. It also recognizes that education promotes a free society, understanding, tolerance and friendship. Education is guaranteed to all.

   Note

   Also see General Comment No. 12 (right to education). Available from the OHCHR Website

2. General Comment No. 5

   Looking at education in the context of disability, this interpretation shows inclusive education as the best place to receive schooling for people with disabilities, noting the importance of training teachers in regular schools to support accessible education for students with disabilities. Accessibility has 3 components (Quinn & Bruce):

   • Non-discrimination
   • Physical accessibility
   • Economic accessibility
3. CRPD

   This CRPD recognizes the important role of the State in guaranteeing the equal opportunity for education for people with disabilities. Some of the benefits of inclusive education are:

   • The development of full human potential, sense of dignity and respect for human rights
   • Development of talents and creativity, mental and physical abilities
   • Effective participation in free society

Example of Rights in Action

Joyce is a single mother with a disability who lives in a rural community. Because she does not drive, it is difficult for Joyce to seek medical attention and receive the services that she requires. Joyce is able to have home-care to meet many of her day-to-day needs and uses publicly provided transportation for people with disabilities to attend her appointments.

5) Right to the Highest Attainable Standard of Health and Rehabilitation

Discriminatory practices threaten physical and mental health and deny people access to care, and appropriate therapies or relegate them to inferior care, in extreme circumstances, devaluing them as human beings.

Part A: Group Discussion

1. In your own experience of health care and rehabilitation, what could have been improved to realize the principles of non-discrimination and equality?

The World Health Organization (WHO) states that:

...good health is a state of complete physical, social and mental well-being, and not merely the absence of disease or infirmity. Health is a resource for everyday life, not the object of living, and is a positive concept emphasizing social and personal resources as well as physical capabilities. Health is a fundamental human right, recognized in the Universal Declaration of Human Rights (1948).

 

Part B: Relevant Human Rights Instruments

1. ICESCR

   The ICESCR calls for realization of the highest standards of physical and mental health including reducing rates of infant mortality, improving working conditions, preventing and treating disease, and ensuring medical services and attention to those who require them.

   Note

   Also see General Comment No. 14 (right to highest attainable standard of health). Available from the OHCHR Website

2. General Comment No. 5

   General Comment No. 5 interprets this right to be of particular importance to people with disabilities, especially in the context of providing babies and children with disabilities with the same level of medical care as would be provided to others. This access to equal care is also demonstrated through the right to access and benefit from the same medical services as others including such areas as orthopaedic devices, which may enable people with disabilities to be more independent and socially integrated.

3. CRPD

   The CRPD identifies the role that health plays in the enjoyment of rights. States are required, through this convention, to ensure access to free or affordable health services for people with disabilities. Services need to be provided within the community, urban or rural, in a timely fashion.

6) Right to Guardianship, Wardship, Trusteeship and Adoption of Children

Though this is often viewed as a civil or political right, in many cases the right to guardianship, wardship, trusteeship and adoption of children can also be included as a social right because people with disabilities are often denied equal rights to form a family and care for children.

Example of Rights in Action

Katie and her husband Lee are both individuals with disabilities. They have been married for four years and live in their own apartment. Both Katie and Lee require assistance with some of the tasks of daily living and with support from both family and government subsidized services the couple is able to live independently and are preparing to have a child.

Part A: Group Discussion

1. How might people with disabilities experience access to family and family life differently than people without disabilities? In what ways would the experiences be similar?

Part B: Relevant Human Rights Instruments

1. ICESCR

   While there is no specific article in the ICESCR addressing rights to guardianship, wardship, trusteeship and adoption of children, in Article 10(1) State parties recognize that:

   The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children…

2. General Comment No. 5

   General Comment No. 5 recognizes that the rights of people with disabilities to marry and have their own families are frequently ignored or denied. It is also notes that women with disabilities have the same rights to protection and support in relation to motherhood and pregnancy as women without disabilities and that this right must be upheld. (para. 31)

3. Standard Rules

   Rule 9 of the Stndard Rules elaborates on the issue of family life for persons with disabilities, calling on states to ensure that laws do not discriminate against persons with disabilities with respect to sexual relationships, marriage and parenthood. (p.38)

4. CRPD

   The CRPD recognizes the importance of state-based enforcement of rights relating to people with disabilities in the area of home and family. Marriage, family, parenthood and relationships are identified as requiring protection. This protection also applies to decisions regarding family planning, guardianship, wardship, trusteeship, and adoption.

Activity: Social Rights

In small groups, read the cases below and answer the questions based on what you have learned so far:

Description of Case #1: Eve (Mrs) v. Eve

"Mrs. E." applied to the Supreme Court of Prince Edward Island for permission to give consent to the sterilization of "Eve", her adult daughter who had an intellectual disability and had a condition that made if difficult for her to communicate with others. Mrs. E. feared Eve might become pregnant without understanding the consequences of her sexual behaviour or what having a baby might mean. Mrs. E.., who was widowed and approaching sixty, argued that she did not want to assume the parenting and child care responsibility for her grandchild.

Source: Supreme Court of Canada website

In this case:

1. What are the human rights issues in this case?
2. What does this case say about whether persons with disabilities enjoy equal rights?
3. Whose responsibility is it to uphold the rights of persons with disabilities?

Description of Case #2: Eaton v. Brant County Board of Education

In 1997 the Supreme Court ruled that the Brant County Board of Education had not violated Section 15 when they placed Emily Eaton, a child with an intellectual disability, in a special education class. Although Emily had been taught in a regular classroom for three years, the Board decided a segregated education would be more suitable for her. The Court, while stating that inclusion should be the normal practice, accepted segregation as a way to accommodate a child with an intellectual disability. It was stated In some cases, special education is a necessary adaptation of the mainstream world which enables some disabled pupils access to the learning environment they need in order to have an equal opportunity in education.

Source: Community Inclusion Website

Questions

1. What are the human rights issues in this case?
2. What rights could be used to fight this decision?
3. Whose responsibility is it to uphold the rights of persons with disabilities?

Section 3.3 – Economic Rights

Facilitator Information

Introduction to Economic Rights

• Introduce Economic Rights. Describe to participants that each right will be discussed in detail, in the same way as was done with Social Rights

Quick Guide: Economic Rights (10 minutes)

• Review Economic Rights Quick Guide

Understanding Specific Economic Rights (40 minutes)

• Review each specific right asking some of the group discussion questions provided as times permits (20 minutes)
• Following the discussion question are the applicable human rights instruments (ICESCR, General Comment No. 5, CRPD) which support each right. (20 minutes)

Economic Rights Activity (30 minutes)

• With the whole group, review the chart outlining the ways in which people with disabilities are affected by economic factors
• Break participants into small groups and ask them to complete the chart on the next pages, reporting back on their findings

Participant Overview: 3.3 – Economic Rights

Objectives

This section will explore in greater depth Economic Rights in the lives of people with disabilities with specific reference to the International Covenant of Economic, Social and Cultural Rights (ICESCR), General Comment No. 5 of the UN Committee on Economic, Social and Cultural Rights and the Convention on the Rights of People with Disabilities (CRPD).

Description

The previous section provided a general background of the importance of Social Rights in the lives of people with disabilities. This section will look more closely at the role of Economic Rights and the particular rights that can be identified under this category.

• Introduction to Economic Rights
• Economic Rights Quick Guide
• Understanding Specific Economic Rights
• Economic Rights Activity

Time: 80 minutes

Introduction to Economic Rights

Economic rights are connected with both social and cultural rights, but they refer particularly to rights concerning the locations and opportunities for people to earn income and/or have property under fair and just conditions. These rights affect whether people with disabilities are fully included in society.

Specific Economic Rights include:

• Right to earn a livelihood in fair and just conditions
• Right to own, possess and manage property
• Right to social security
• Right to access technical and vocational training programs

These rights will be discussed below:

Group Discussion

1. What is most important thing for you to do with your money (e.g. buy food, collect savings, pay bills)?
2. How important is having a job or access to social assistance? Do you think these are two separate issues or part of the same issue?
3. Do you think that people with disabilities face difficulties when moving to a different province/territory? What human rights principle might this fall under?

Quick Guide: Economic Rights

Right	Included in Right	Disability Specific Issues	Applicable Human Rights Instruments
Right to earn a livelihood in fair and just conditions	Right to freely chosen work Right to enjoyment of favourable conditions of work Right to form and join trade unions Ability to live and work in the community Prohibition of discrimination in employment	Is this right included in sheltered employment or inclusive, integrated employment? How can choice be determined? What are the parameters around training & work?	ICESCR (article 6, 7, 8) ComESCR General Comment No 5 and 18 CRPD (article 27) International Labour Organization (Convention 159, 99) Standard Rules 7 & 8
Right to own, possess and manage property	Right to freely dispose of natural wealth and resources Own property either alone or with others	Who provides choice and autonomy? Who has control over wealth?	Universal Declaration of Human Rights
Right to Social Security and Social Assistance	Adequate income based on temporary loss, reduction or denial of income based on disability Support of assistants, predominantly female who care for people with disabilities Recognition that institutionalization is not an adequate substitute for social security	What is the role of adequate financial support? Does institutional care/group homes/nursing homes provide security? What kinds of increased expenses often associated with disability? What is the role of individuals who care for people with disabilities?	ICESCR (article 9) General Comment No 5 and 19 CRPD (article 28) Standard Rule #8, #24
Right to access technical and vocational training programs	Removal of artificial barriers Technical and vocational guidance and training programs Reasonable accommodation	What kinds of barriers to employment exist through restricted access? What kinds of training are being provided, inclusive or segregated?	ICESCR (article 6) General Comment No 5 and 13 CRPD (article 27)

Understanding Specific Economic Rights

1) Right to earn a livelihood in fair and just conditions

This right is connected with many factors including poverty, (which contributes to conditions such as malnutrition, unhealthy living environments, and participation in dangerous work, increased stress levels and is often connected with disability), the location where individuals are working (in the open labour market or in sheltered workshops), the availability and accessibility of trade unions and the role of accessibility of work environments are also relevant. (Mohit, Pillai, Rungta, National Human Rights Commission, India: Rights of the Disabled)

Part A: Group Discussion

1. What are some of the barriers faced by people with disabilities when trying to earn a livelihood?

Part B: Relevant Human Rights Instruments

1. ICESCR

   The ICESCR outlines the important recognition of the right to work in freely chosen occupations, and the enjoyment of just and favourable working conditions which includes:

   • Fair wages
   • Equal pay for equal work
   • The provision of a decent living standard
   • Safe and healthy working conditions
   • Equal opportunity for everyone to be promoted
   • Adequate rest and leisure and limited working hours
   • The right to form and join trade unions and to strike
2. General Comment No. 5

   General Comment No. 5 shows employment as an area where people with disabilities have often faced discrimination. Unemployment rates are 2 to 3 times higher in this population than unemployment rates for people without disabilities. When people with disabilities are employed, this is often in low-paid positions with limited or no benefits or security, or in segregated situations.

   Note

   Also see General Comment No. 18 (right to work). Available from the OHCHR Website.

3. CRPD

   Article 27 of the CRPD upholds the right to work and to employment. The right to employment includes the opportunity to find work in an open, inclusive and accessible environment. The role of the State in protecting this right includes:

   • Prohibiting discrimination
   • Equal opportunities across sectors (private, public, self-employment)
   • Equal pay for equal work
   • Safe and healthy working conditions
   • Promotion of activities towards open market labour force participation (work-experience, retention and return-to-work programs, appropriate accommodation)

Example of Rights in Action

Reuben has been living in a community home for most of his adult life. Reuben has a steady job and has money in his savings account. With the help of a community-based organization which helped him with the support and the financing that he will need, he will be able to purchase an apartment which he will share with a roommate to cover costs.

Example of Rights in Action: Important Employment Factors to Consider

Sheltered facilities or employment in confined occupations are not considered to meet the standards of freely chosen work. Forced or exploitative work in institutions also goes against the guideline of the Covenant.

Workers with disabilities cannot not be discriminated against in terms of wages or working conditions if their work is of equal worth to that of workers without disabilities (General Comment No. 5, para 25).

Trade unions apply equally to workers with disabilities regardless of whether their employment is in special facilities or in the open market. Article 8 also determines the right of people with disabilities to form their own organizations to promote the protection of social and economic interests (General Comment No. 5, para 26).

Widespread accessibility to employment increases the likelihood of finding suitable, integrated employment. Accessibility can include housing, accessible workplaces, flexible and alternative work arrangements and education and vocational training (General Comment No. 5, para 22 re: Standard Rules). Transportation is also an important issue in the ability to seek and maintain meaningful employment and to have equal opportunities, in either rural or urban areas.

2) Right to own, possess and manage property

Part A: Group Discussion

1. Why is the right to own, possess and manage property important for people with disabilities? What are some of the barriers people with disabilities face when trying to realize this right?

Part B: Relevant Human Rights Instruments

1. General Comment No. 5

   The right to own, possess and manage property is not specifically identified within this Comment but has been identified as an important part of human rights, leading to the enjoyment of rights and upholding obligations of non-discrimination. This includes the role of the State to respect the free use of resources owned by, or at the disposal of the individual, alone or in any form of association with others, including the household, joint partnership or community for the purpose of rights related needs (Rungta, 119, 2005).

   This standard is reflective of the right put forth by the Universal Declaration of Human Rights stating:

   • Everyone has the right to own property alone as well as in association with others.
   • No one shall be arbitrarily deprived of his property.

3) Right to social security

Part A: Group Discussion

Social security can be seen as an important way used to ensure adequate income, and to uphold adequate standards of living for people with disabilities and their care givers.

1. What was a time in your life when you had a different standard of living?

Part B: Relevant Human Rights Instruments

1. ICESCR

   This right is recognized by the role of the state in providing protection and assistance through social security and insurance.

2. General Comment No. 5

   The Covenant recognizes the ability to maintain income and social security is of paramount importance for people with disabilities. This is pointed out in Standard Rule #24, to be especially applicable based on the temporary loss or reduction in income, or denial of employment based on disability. Social security covers areas such as assistance and other disability associated needs including the support of individuals caring for people with disabilities. Institutions, importantly, cannot be substituted for social security and income support rights unless necessary for other reasons.

   In addition to this, Standard Rule #8 says that states should ensure that general social welfare schemes do not exclude or discriminate against persons with disabilities and that social security systems should include incentives to restore income-earning capacities and provide or support vocational training and placement services and incentives to seek employment.

   Note

   Also see General Comment No. 19 (right to social security). Available from the OHCHR Website

3. CRPD

   The role of the State to provide and protect the right to an adequate standard of living also reflects the right to social security. That protection includes equal access by persons with disabilities to retirement benefits and more generally to poverty reduction programmes.

4) Right to access technical and vocational training programs

Part A: Group Discussion

1. In your life, or the lives of your friends and family with disabilities have you tried to enrol in technical or vocational education? What kinds of barriers did you face?

Part B: Relevant Human Rights Instruments

1. ICESCR

   Within the context of the right to work, the Covenant recognizes the role of technical and vocational guidance in the achievement of productive employment leading to economic and political freedom.

   Note

   Also see General Comment No. 13 (para 15-16) (right to education). Available from the OHCHR Website

2. General Comment No. 5

   Consistent with the right to education and to an adequate standard of living, the right to access technical and vocational training programs is also described in an integrated context, with the participation of disabled persons in both the planning and implementation of such training.

3. CRPD

   Included in the right to education is the protected assurance of the right to access general technical and vocational guidance programmes, placement services and vocational and continuing training.

Activity: Economic Rights

Organize into small groups. Using the examples below complete the chart on the next page with your group identifying how people with disabilities are affected by economic factors and rights.

Factors Affecting Economic Participation

Factors influencing economic participation	How do these factors affect people with disabilities individually?	What are some of the bigger systemic issues addressed through the protection of economic participation?
Accessible Education	Example: People with disabilities remain twice as likely to drop out of high school. Lack of education makes it more difficult to participate in the open labour market.	Example: There is an increasing need for experience and credentials in the workplace which requires higher levels of education. Lack of education may result in unemployment which leads to poverty, creating low standard of living and lack of confidence. Protecting the right to accessible education increases the ability of people with disabilities to take part in the credential based workforce.
Accessible Workplaces	Example: Inaccessible locations create barriers limiting the availability of jobs for people with physical disabilities.
Medical Benefits and Access to Healthcare
Public Transportation
Affirmative Action
What Else?

Section 3.4 – Cultural Rights

Facilitator Information

Introduction to Cultural Rights

• Introduce Cultural Rights

Quick Guide: Cultural Rights (10 minutes)

• Review Cultural Rights Quick Guide

Understanding Specific Cultural Rights (40 minutes)

• Review each specific rightasking some of the group discussion questions provided, as time permits (20 minutes)
• Following the discussion question are the applicable human rights instruments (ICESCR, General Comment No. 5, CRPD) which support each right. (20 minutes)

Cultural Rights Activity (30 minutes)

• Using the questions provided, facilitate a group discussion on the presentation of people with disabilities by media.
• Ask participants to independently complete the questions about the role of people with disabilities in media.

Participant Overview: 3.4 – Cultural Rights

Objectives

This section will explore in greater depth Cultural Rights in the lives of disabled persons with specific reference to the International Covenant of Economic, Social and Cultural Rights (ICESCR), General Comment No. 5 of the UN Committee on Economic, Social and Cultural Rights and the Convention on the Rights of People with Disabilities (CRPD).

Description

After having gone over both social and economic rights, we now look more closely at the role of Cultural Rights and the particular rights that can be identified under this category.

• Introduction to Cultural Rights
• Understandings of Culture
• Cultural Rights Quick Guide
• Understanding Specific Cultural Rights
• Cultural Rights Activity

Time: 80 minutes

Introduction to Cultural Rights

While culture has a variety of meanings, cultural rights generally refer to rights to take part in cultural life and to freely exercise cultural customs and beliefs.

Example of Rights in Action

Kevin is a middle-aged man who enjoys reading fiction. He has developed a visual impairment over the course of his adult life. Kevin can read Braille, though he finds it slow and prefers to use auditory materials. Kevin’s local library carries up-to-date audio books along with the text versions.

Specific Cultural Rights include:

• Access to places of education, sports and culture and participation in culture
• Linguistic rights
• Access to media, telecom and broadcasting and promotion of a positive image
• To enjoy the benefits of scientific progress and its applications

Each of these will be discussed below:

Group Discussion: Understandings of Culture

1. What does the word culture mean to you?
2. In what ways do you think people with disabilities have created a group/cultural identity?
3. Based on your experience or the experiences of people you know with disabilities why do you think cultural representations (i.e. art, music, literature) are important in the pursuit of disability identity and autonomy? Why or why not?

Quick Guide: Cultural Rights

Right	Included in Right	Disability Specific Issues	Applicable Human Rights Instruments
Right to Participate in Culture	Right to take part in cultural life including using creative, artistic and intellectual potential Elimination of communication barriers Government to inform the general public about disability to dispel prejudice or superstitious beliefs Education of general public of right to use restaurants, hotels, recreation centres and cultural venues	What ways can be used to make art accessible? How is disability pride and culture created? How important is integrating sport or disabled sport? Special Olympics? What is the difference between disability art and art created by people with disabilities?	ICESCR (Article 15) General Comment No 5 and 21 CRPD (Article 29,30) CEDAW (Article 13 (c)) CRC (Article 31) Standard Rules (#10-cultural life,#11-sports and recreation)
Language Rights	Uphold right of minority groups to enjoy own culture, practice own religion, and use own language Expression of cultural and linguistic identity Freedom of expression in own language, including sign language Promoting access to alternative communication and availability of information in accessible formats	In what ways do alternate forms of communication uphold language rights? How does Deafness as culture represent cultural and linguistic identity?	CRPD (Article 30) ICCPR (Article 27) Standard Rules (#5)
Right to access media/ broadcasting & promotion of a positive image	States should encourage the media to make services accessible to people with disabilities Ensure developments in information technology address needs of people with disabilities	How common are negative images of disability? Positive images? What kinds of stories are presented about people with disabilities? What is the "rights" image? In what ways have charity campaigns/fundraising been influential in creating images of people with disabilities?	CRPD (Article 30) Standard Rules (#5)
Right to enjoy benefit of scientific progress	The elimination of communication barriers Education of the general public about disability and accessibility	In what ways can people with disabilities benefit from scientific progress? How do rights promote equal access to scientific developments? What is the role of communication technology? How has adapted entertainment increased inclusion and participation?	ICESCR (Article 15) General Comment No. 5 CRPD (Article 21, 30)

Understanding Specific Cultural Rights

1) Right to Participate in Culture

Part A: Group Discussion

1. In your experience or the experiences of people you know, how are people with disabilities included in culture?
2. In what ways are people with disabilities excluded from culture?
3. How do people with disabilities express their own culture in creative and artistic ways?
4. In what ways have sport and recreation contributed to cultural life? In what ways might this be important in the development of disability culture?

Part B: Relevant Human Rights Instruments

1. ICESCR

   This article recognizes the rights of every individual to participate in cultural life.

2. General Comment No. 5

   The comment discusses the necessity of an assurance for people with disabilities to have the opportunity to use their creative, artistic and intellectual potential, for the benefit of their own lives and that of the community. Included in this discussion is accessibility to cultural performances, services, and places of recreation, sports and tourism.

   Access to cultural materials includes:

   • Talking books
   • Papers written in simple language with clear format and colours
   • Adapted television and theatre

   Educating the general public about disability, prejudice and superstition, and the fact that people with disabilities have the same rights as others in terms of the use of restaurants, hotels, recreation centres and cultural venues is also discussed as an important component of cultural participation. (Quinn & Bruce).

   Note

   Also see General Comment No. 21 (right to take part in cultural life). Available from the OHCHR Website.

3. CRPD

   The CRPD upholds the rights of people with disabilities both to participate in political and public life and to participate in cultural life, recreation, leisure and sport. This participation includes the State enforcing the ability to vote, hold office, to promote the inclusion of people with disabilities to participate in non-governmental organizations concerned with political and public life, and to form and join organizations of people with disabilities. Participation in cultural life includes accessibility for people with disabilities in areas including sporting and recreational activities, as well as the opportunity to develop creative, artistic and intellectual potential.

Elements Essential to Community Inclusion

2) Linguistic Rights

Part A: Group Discussion

Language is an important element of the right to culture.

1. List an example from your life where you have been excluded from participating by others because they didn’t understand your language.
2. How could this exclusion have been lessened or avoided?

Part B: Relevant Human Rights Instruments

1. ICESCR, General Comment No. 21 and ICCPR

   While linguistic rights are not mentioned in the ICESCR, Article 27 of the International Covenant on Civil and Political Rights states that: where ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language. General Comment No. 21 of the UN Committee on Economic, Social and Cultural Rights also points out the importance of decisions whether or not to exercise the right to take part in cultural life individually, or in association with others as … a cultural choice and, as such, should be recognized, respected and protected on the basis of equality (para 7).

   This is particularly relevant to people with disabilities who have developed a specific cultural and linguistic identity. Freedom to express oneself in one’s own language or communication system is a linguistic right. Protection and promotion of linguistic rights involves promoting this freedom, promoting access to different forms of alternative communication, and promoting the availability of information in accessible formats.

2. Standard Rules

   Rule 5 of the Standard Rules addresses accessibility of information and communication, with specific reference to information in various alternative formats. Rule 5 also calls for the consideration of the use of sign language in the education of deaf children and the availability of sign language interpretation.

3. CRPD

   The CRPD points to the obligation of the State to take all appropriate measures to ensure that cultural materials are in accessible formats. For people with disabilities, the recognition and support of specific cultural and linguistic identities is put forth as an important area of rights to be upheld.

3) Right to access media and broadcasting and promotion of a positive image

Part A: Group Discussion

Access to media, telecom and broadcasting is essential to promote the broader social awareness and acceptance of disability which is needed to achieve equality opportunities for people with disabilities. In many societies, attitudes are closely linked to popular media and culture. Access to media and broadcasting increases the visibility of persons with disabilities in popular media and promotes a positive image.

1. Where have you seen people with disabilities in the media (news, TV, blogs, movies, etc.)?
2. Why do you think that it is important to have people with disabilities working in media?

Part B: Relevant Human Rights Instruments

1. CRPD

   Under the right to participation in cultural life, the CRPD identifies the role of government in ensuring access to media, including television, film, theatre and other cultural activities, in accessible formats. This also includes cultural performances, tourism, and sites of national cultural importance.

2. Standard Rules

   Rule 5 of the Standard Rules calls on States to encourage the media, especially television, radio and newspapers, to make their services accessible to persons with disabilities. Quinn and Degener note the importance of the right to culture in enabling persons with disabilities to influence the way in which they are portrayed. (p. 110).

   Computer and information technologies are an important media for persons with disabilities. Access to computer technology has significantly increased the social integration of many persons with disabilities. On the international level, the World Summit on the Information Society has recognized the need to ensure that developments in information technology address the needs of persons with disabilities.

Example of Rights in Action

Jin Hee is an actress and enjoys performing with a disability theatre group. This performance group, which used to perform mainly for other people with disabilities, is now gaining popularity in the wider community as both an artistic and political venture.

Activity: Cultural Rights

Part A: General Overview

People with disabilities have often been presented in a negative light in the media, highlighting negative stereotypes based on deficits rather than focusing on what a person is able to do.

1. When you see people with disabilities on the news, what kind of stories do you see?
2. What do you think media coverage of the Para-Olympics? What about the Special Olympics (for persons with intellectual disabilities)? Has there been a change in media coverage over time? Why or why not?

Part B: Individual Activity

1. Think of a popular film or a television show that you have watched that has portrayed a character with a disability and answer the questions below:
   • Name of film or television show
   • Name of character
   1. Is the character depicted as a stereotype or does he or she have a fully-developed character?
   2. What is the day-to-day life of the character?
   3. What kind of influence might this movie or TV show have on people who watch it?
2. If you were to write a song or a poem about the rights of people with disabilities, what would you want to include in it?

top