The International Disability Alliance (IDA) supported the Kenya Network Advocating for the Rights of Women and Girls with Disabilities and the Mesa Discapacidad y Derechos Humanos from Peru in developing their alternative reports ahead of the 77th session of the Committee on Economic, Social and Cultural Rights (CESCR). These reports are available on the session’s webpage.
IDA also provided financial support for Carolina Diaz Pimentel, Luz María Vilchez Ricse, and Esperanza Villafuerte Torres, members of Mesa Discapacidad y Derechos Humanos, to attend the session in Geneva and brief the Committee. During their visit, IDA facilitated additional meetings with key Geneva-based officials working on disability rights, including Ms. Martina Balciunayte from the OHCHR Human Rights and Disability Team and Mr. Stefan Tromel, Senior Specialist on Disability at the ILO.
IDA had also planned to support the participation of three colleagues from Kenya. However, their attendance was postponed due to the CESCR Committee's decision to grant the State’s last-minute request (submitted less than two weeks before the session) to defer the constructive dialogue to a future session, instead of proceeding with a review in absentia.
During this session, the Committee held constructive dialogues and issued Concluding Observations not only on Peru but also on Croatia, the Philippines, Rwanda, and the United Kingdom of Great Britain and Northern Ireland. IDA has compiled disability-relevant extracts from these Concluding Observations, which are available here.
Concluding Observations on Perú: the relevance of budgetary rules and technical assistance from international organizations
The Concluding Observations include significant elements related to the rights of persons with disabilities. Addressing Peru’s obligation to implement rights "to the maximum of its available resources" (Article 2(1) of the ICESCR), and recognizing retrogressive measures, including those in the National Budget Act, the Committee recommended that Peru: "[r]egularly increase public investment in the protection of the economic, social and cultural rights of persons with disabilities, in full compliance with Law 32.139" (para. 17(e)). This law mandates that regional and local governments allocate 1% of their budgets to disability-related issues.
The Committee also emphasized the value of technical assistance from international organizations, requesting Peru to:"[w]ith the support and technical assistance of the International Labour Organisation (ILO), take the necessary measures to facilitate the transition of workers from the informal to the formal sector, paying special attention to [...] persons with disabilities,...".
Peru hosts the ILO Regional Office for Latin America and the Caribbean, which has previously undertaken disability-inclusive employment initiatives. The Committee’s recommendation presents an opportunity for enhanced collaboration between State officials and ILO specialists on disability.
A comprehensive approach to care and support systems in recommendations to the United Kingdom of Great Britain and Northern Ireland
One of the most noteworthy recommendations from this session is from the United Kingdom of Great Britain and Northern Ireland. It aligns with ongoing global discussions on care and support systems, particularly within broader debates on the care economy, led by the Office of the High Commissioner for Human Rights and supported by IDA’s interventions at the Human Rights Council.
In paragraph 43(c), the Committee recommended that the UK: "[a]dopt legislative measures to establish a comprehensive, inclusive care and support system that promotes shared caregiving responsibilities for children, persons with disabilities and older persons and integrates a gender-sensitive, intersectional, intercultural, and human rights-based approach;...".
This is one of the most comprehensive recommendations on care and support issued by the CESCR Committee in last four years, if not in its entire jurisprudence. Unlike other UN treaty bodies such as CEDAW, CRC, and CRPD, which focus on specific population groups, the CESCR Committee is uniquely positioned to promote a holistic approach under its broad mandate. By addressing care and support through articles 10 (Protection of the Family) and 6-9 (Employment and Social Security), the Committee can ensure that care systems uphold the rights and interests of all those affected, including women, children, persons with disabilities, older persons (whether as care recipients, caregivers, or self-carers), and care workers.
IDA looks forward to further developments in this direction.
