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. vii
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.