The right to social security of persons with disabilities in South Africa
In recent years, the rights of persons with disabilities have received substantial attention both in South Africa and internationally. While certain rights have received widespread coverage, other rights have not yet been examined to determine the importance thereof for persons with disabilities and to establish the best way in which these rights can be implemented. A right which has not yet been examined in detail is the right to social protection, as guaranteed by Article 28 of the United Nations Convention on the Rights of Persons with Disabilities. Social protection involves the provision of financial support as well as certain services in order to ensure that persons with disabilities are able to participate in society on an equal basis with others. One of the essential components of the right to social protection is the provision of adequate social security for persons with disabilities. Since detailed research on the scope and content of Article 28 has not yet been undertaken, this thesis will investigate what is required of states in relation to the provision of social security in terms of Article 28 of the Convention on the Rights of Persons with Disabilities. In addition, the current provision made for social security for persons with disabilities in South Africa will be examined and evaluated. The investigation into the current social security measures for persons with disabilities in South Africa will commence with the Constitution and proceed to a detailed examination of relevant legislation. Similar legislation and policies from other jurisdictions will also be considered in order to gauge whether any lessons may be learned from the approach taken in these jurisdictions where they differ from the South African approach.
- Doctor Legum - LLD