CRPD
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(Art. 28) Adequate standard of living and social protection
(Art. 28) Adequate standard of living and social protection
List of Issue
Please provide information on the status of the disability card, launched in 2017.
Please provide information on the measures taken:
To ensure access to social protection and support services for persons with disabilities;
To reduce income inequality and poverty among persons with disabilities;
To ensure access to public housing programmes for persons with disabilities.
Alternative Reports
DPOs Coalition Report (OHANA)
The existence of Law No. 11 of 2009 is still the root cause of discrimination, as persons with disabilities are placed as having social welfare problems. This then has an impact on:
Stigma towards persons with disabilities;
Policies that are more oriented towards rehabilitation in the social services office, even though according to Law 8/2016 it should already be multi-sectoral. Inclusive villages, for example, are returned to the social services office, even though they relate to the Ministry of Villages.
Assistance is not appropriate for the person's disability.
The Ministry of Social Affairs Regulation (Permensos) on Disability Card was issued in 2017 and then revoked again because it could not be practically implemented. The main obstacle is related to the Government Regulation Draft (RPP) on Financial Concessions which has not been made to date, because the Ministry of Finance, which should have received the Law's mandate, actually refused to create the RPP. In fact, without the RPP, policies that facilitate disability access to social services and protection will be very difficult to implement.
The National Health Insurance (JKN) Law does not guarantee the basic health service needs for persons with disabilities. Assistive devices and special medicines for persons with disabilities are not covered by JKN, so persons with disabilities still have to pay for those needs. Furthermore, a new policy has emerged regarding the cessation of therapy for CP children who have undergone therapy for a certain period because no significant progress is deemed to have been made. Consequently, parents have to pay for the therapy themselves at a different place, as the hospital that usually provides the service considers the therapy no longer useful for the child. A similar situation applies to the handling of leprosy reactions in several leprosy hospitals, which must be paid for, such as RSK Sumber Glaga Mojokerto, Tadjudin Halik Makassar, Sitanala Jakarta, where a maximum of only 10 days is allowed.
Furthermore, responding to the Government's report, many persons with disabilities do not receive social protection programs because they use poverty indicators or family-based indicators, so children with disabilities are not included in social security services when their parents are considered financially capable. In fact, to meet the needs of a child with a disability, not all parents categorized as capable can afford to do so.
The State does not yet have a decent housing program for persons with disabilities. Of all the Government's decent housing programs, none provide a special quota for persons with disabilities, neither in terms of building type nor in terms of special treatment for receiving services.
Response List of Issue (Coalition/OHANA)
The Ministry of Social Affairs has issued Minister of Social Affairs Regulation No. 21 of 2017 concerning the Issuance of Disability Cards. However, this Regulation has not been implemented because policies related to concessions and assistance for persons with disabilities have not been established. One of the most crucial issues is that the financial concessions that should have been formulated through a Government Regulation – as a follow-up to Law No. 8 of 2016 concerning Persons with Disabilities – have not been created by the Government. The Ministry of Finance, as the party responsible for drafting the Government Regulation Draft (RPP) mandated by Law 8/2016, refused to draft the RPP. Consequently, when the disability card was created by the Government, the card did not provide any implication for persons with disabilities.
Social assistance is not automatically obtained by persons with disabilities, because national policy affirms the poverty criterion for recipients of such social assistance. Some regions have included disability criteria in assistance recipients.
In Yogyakarta, persons with disabilities do not automatically receive assistance. Especially if the person with a disability is a child, because the child with a disability will refer to the Family Card (KK) of the parent or guardian. If the KK is categorized as an economically capable family, then the person with disability will not receive social assistance, even if categorized as severe disability. A similar situation also occurs in Riau. Furthermore, for multiple disabilities, maximum attention has not been given, such as deaf-blind or others, including the need for independent living assistance for them.
The government's program for providing houses or residences is not fully accessible and only a few regions provide special slots for persons with disabilities, such as in South Sulawesi, only Palopo City allocates ground floor rusunawa (low-cost rental apartment) for 10 persons with disabilities. Besides being equipped with ramps and handrails at the Entrance, the Palopo City Government also implements concessions for persons with disabilities living in the rusun facility. In Yogyakarta, only rusunawa provides ground floor access for persons with disabilities, while others do not.
Response List of Issue (HWDI)
No data available
Committee Recommendations
Considering the relationship between article 28 of the Convention and target 10.2 of the Sustainable Development Goals, the Committee recommends that the State Party:
Develop a social protection and poverty reduction strategy that targets persons with disabilities;
Establish a universal social protection scheme to ensure a decent standard of living for persons with disabilities, including through a compensation system in the form of benefits to cover disability-related costs;
Integrate a disability perspective into programs to promote a decent standard of living, particularly programs to increase access to public housing for persons with disabilities, including for those wishing to leave institutions.
ⓘ Indicators
Social protection and poverty reduction strategy; Compensation and benefits as social protection; and access to housing