Legal and institutional frameworks
Appropriate legal and institutional frameworks are of paramount importance to the realization of the right to social security.
An appropriate legal framework establishes entitlements in a clear and transparent way, and will allow persons who are entitled to benefits to make claims and obtain redress in case of a violation of their rights. It will also protect people from arbitrary or discretionary selection and decision making facilitate access to social protection and help guaranteeing equality of treatment.
Legal and institutional frameworks are also essential for establishing the roles and responsibilities of the different actors involved in designing, administering, delivering, and enforcing social protection systems. It is therefore essential to the effective functioning of the system and serves to avoid overlaps, duplications, multiplications or gaps.
Photo credit: “2013_10_09_Media_Law_Consultation_027” by AMISOM Public Information (CCBY 2.0 via Flickr).
The Compatibility between ILO Recommendation 202 on Social Protection Floors and the ICESCR
It is undeniably relevant to consider the compatibility of the International Labour Organization’s (ILO) Recommendation No. 202 and the International Covenant on Economic, Social and Cultural Rights (ICESCR), given that the ICESRC is very demanding, covering not only social security and its main nine branches, but also questions like work and working conditions, education, food, […]
Using Human Rights in the Courts to Broaden Social Protection—The South African Example
Human rights have an important role to play in supporting the objectives of social protection which include the prevention of poverty and inequality, ensuring solidarity and inclusion, and creating economically and socially fairer societies. They offer a normative basis and a legal imperative for requiring that states realize the right to social security for their […]
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 […]
Sanitation Law and Policy in India
Most comprehensive work on sanitation in India. Provides an overview of the existing legal as well as policy instruments related to sanitation in India. Fills the existing gap, both in knowledge and policy instruments, defining sanitation in India. Highlights the importance, complexity, and fragmented nature of the legal and policy frameworks that inform the sanitation […]
Stratégie Nationale de Protection Sociale
Par l’adoption de cette Stratégie, le Gouvernement de Côte d’Ivoire s’inscrit dans les grandes orientations adoptées au niveau international par les Nations Unies et au niveau régional par l’Union Africaine. En avril 2009, le Système des Nations Unies a proposé un « socle de protection sociale » comme une des composantes de la réponse à […]
Women’s Rights to Social Security and Social Protection (First Edition)
This collection examines the human rights to social security and social protection from a women’s rights perspective. The contributors stress the need to address women’s poverty and exclusion within a human rights framework that takes account of gender. The chapters unpack the rights to social security and protection and their relationship to human rights principles […]
Rights-based Approach to Social Security Coverage Expansion
This chapter presents the vision, originating from International Labour Organization (ILO) conventions and recommendations, of the universalization of affordable retirement as part of a wider objective of guaranteeing a basic social security package to all. Both the principles that sustain the vision and issues related to design and implementation are outlined, as are the minimum […]