Adequate Legal and Institutional Framework and Long-term Social Protection Strategies
A human rights-based approach to social protection requires grounding social protection systems in a strong legal and institutional framework. This should ensure both programme stability and the recognition of beneficiaries as rights holders. The need to provide for strong legal frameworks that clearly lay out entitlements, rights and obligations is provided for in Recommendation No. 202 (paras 3b and 7).
In particular, enshrinement in law along with a long-term national action plan for social protection greatly increases the guarantees of social protection for all, and especially for the most disadvantaged and vulnerable groups. It also helps ensure that social protection measures are guarded from political manipulation and that they receive lasting commitment from state authorities, regardless of change of government leaders. An adequate legal framework is one that includes:
- precise eligibility requirements for social protection programmes;
- mechanisms to ensure transparency and access to information about available programmes;
- definition of the various roles and responsibilities of all those involved in implementing the programmes at different levels of government;
- articulation of the long-term financial requirements, ensuring adequacy and predictability of benefits;
- accessible complaints and appeal mechanisms; and
- participation channels for beneficiaries.
A clear institutional framework is essential to enable rights holders to identify duty bearers in charge of specific responsibilities. The institutional framework should facilitate the adequate delivery of social security systems and be administer in a sound, transparent and accountable manner in particular in such a way to allow for financial sustainability in the long-run (ILO Convention No. 102, Articles 71 and 72 and Recommendation No. 202, paras 3j, k, and n).
One key element of an effective institutional framework is a functional financial governance structure. Based on the principles of good governance, set out in ILO Convention No. 102 (Art. 71), the following principles have been identified by the ILO Committee of Experts on the Application of Conventions and Recommendations (2011, pp. 180-199):
- Social security financing should be sustainable, based on the principle of sustainable financing, and under the general responsibility of the State.
- Social security funds should be protected to the best extent possible against mismanagement, cyclical fluctuations and market failures.
- The purchasing power of benefits in payment should be maintained by adjusting them to the costs of living.
- Financial deficits in relation to social security should be obviated in the long term, through the establishment by the State of a funding plan to assure such solvency.
ILO Recommendation No. 202 (paras 3j, 3k, 11, 12) further specified that national social protection floors should be financed by national resources, yet countries with insufficient economic and fiscal capacities may seek international support to guarantee a basic level of social security for all.
For more on the obligation to adopt and implement a national social security strategy and plan of action under Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), see General Comment 19 of the Committee on Economic, Social and Cultural Rights.
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Ten years since the global economic crisis, social and human rights protections have fallen victim to austerity measures in countries across the globe. Preventing another “lost decade” will require us to see human rights values not as merely collateral damage of economic policy, but as cogent and universal norms actively guiding tough fiscal dilemmas in […]
Sexual and Reproductive Health and Rights in Ghana: The role of Parliament
After adopting the International Conference on Population and Development’s 1994 Programme of Action1 and the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa2, how has Ghana fared in realizing access to sexual and reproductive health and rights (SRHRs)? International and regional human rights law enshrines […]
Universal Basic Income – Necessary but not Sufficient?
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Beyond Addis: Financing social protection in the 2030 Agenda
In 2015, both the Third International Conference on Financing for Development and the United Nations Sustainable Development Summit resulted in a renewed global commitment to development and poverty eradication. Following the Summit, the UN General Assembly adopted the 2030 Agenda for Sustainable Development (2030 Agenda) and the Sustainable Development Goals (SDGs). This new global development […]
Crea el Sistema Nacional de Discapacidad (SND), entendido como el conjunto de orientaciones, normas, actividades, recursos, programas e instituciones que permiten la puesta en marcha de los principios generales de la discapacidad.
Decreto núm. 6.690
Dispone que serán beneficiarias del Programa las servidoras públicas federales de la Administración Pública Federal Directa, Autártica y Fundacional. Establece que dicha prórroga se garantizará hasta el final del primer mes después del parto y tendrá una duración de sesenta días.
Employment Act No. 27
Act No. 207 of 2001 to provide for the fixing of wages of workers, the hours of work, their leave and generally for matters pertaining to the welfare of workers in the Bahamas.
Social Security (Minimum Standards) Convention, 1952 (No. 102)
A reference for the development of social security systems, Convention No. 102 is the flagship of the up-to-date social security Conventions since it is deemed to embody the internationally accepted definition of the very principle of social security. Convention No. 102 is unique for both its conceptual formulation of social security, and the guidance it provides for […]
Social Protection Floors Recommendation, 2012 (No. 202)
Recommendation No. 202 is the first international instrument to offer guidance to countries to close social security gaps and progressively achieve universal protection through the establishment and maintenance of comprehensive social security systems. To this aim, the Recommendation calls for (1) the implementation, as a priority, of social protection floors (SPF) as a fundamental element […]
Special protection in pension programmes for women in South Africa
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Beclouded Work in Historical Perspective
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Uber, Taskrabbit, & Co: Platforms as Employers? Rethinking the Legal Analysis of Crowdwork
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Introduction: Crowdsourcing, the Gig-Economy and the Law
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How Technology Affects Jobs
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The Future of Work: A Literature Review
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