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Social Security (Minimum Standards) Convention, 1952 (No. 102)

Legal depository - Year: 1952

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,...

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Social Protection Floors Recommendation, 2012 (No. 202)

Legal depository - Year: 2012

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...

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The Compatibility between ILO Recommendation 202 on Social Protection Floors and the ICESCR

Expert commentaries - Date: 5 May 2014 / Author: Francine Mestrum

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...

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Report on Cash transfer programmes (CTPs) from a human rights perspective (A/HRC/11/9), submitted by the independent expert on the question of human rights and extreme poverty

Resources - Author: Magdalena Sepúlveda / Year: 2009

This report focuses on cash transfer programmes (CTPs) from a human rights perspective. CTPs are non-contributory programmes  providing payments in the form of cash to individuals or households. The primary objective of  CTPs is to increase the real income of beneficiaries in order to enable a minimum level of  consumption within...

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Governance, accountability and democracy

Despite several countries have been able to extend social protection coverage, the right to social protection remains still unfulfilled for a large part of the population. Several States have not included yet this right into their national legal framework and are not responsible for its realization.  Where instead the...

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National implementation of international standards

In order to give them full effect, the rights conveyed by human rights treaties and international labour standards need to be translated into national legislation and policies. Legal provisions should clearly establish the mechanisms necessary for a successful implementation of social protection policies including: financing and expenditure mechanisms; administrative...

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Access to information and transparency

Transparency, accountability and reliability have become universally recognized key operational principles for the good governance of public administration in general, and social protection systems in particular. Transparency refers to the requirement that public bodies disclose information and records of their operations, accountability means that processes should be in place...

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Legal recourses and access to justice

A rights-bases approach to social protection requires that people can effectively pursue legal recourse and access justice. Legal access to complaint and appeal procedures provides persons with the ability to appeal in case of refusal of a benefit or complain as to its quality and quantity. According to Recommendation...

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Measuring results and impact / M&E

Monitoring and evaluation are important tools to improve the quality of social protection programmes and systems, by ensuring accountability and transparency, providing important feedback on the performance of a programme, and identifying possible shortcomings and gaps. Recommendation No. 202 provides guidance on the monitoring of social protection systems, including...

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Participation

Participation refers to the effective involvement of stakeholders in all stages of the decision-making process about social security programmes, from policy design, over implementation to the monitoring of policies. Effective participation allows for greater transparency and accountability, the sharing of information and knowledge, the exchange of opinions. It is...

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Institutional capacity and coordination

Ensuring adequate institutional capacity and efficient coordination is essential for the realization of the right to social security. Without adequate capacities and resources, it is impossible for any public administration to respect the principles of a rights-based approach. This includes well-trained staff, transparent and effective rules and procedures, appropriate...

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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...

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Responsibility of the State

States have the legal obligation to protect and promote human rights, including the right to social security, and ensure that people can realize their rights without discrimination. The overall responsibility of the State includes ensuring the due provision of benefits according to clear and transparent eligibility criteria and entitlements,...

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Adequacy of Benefits

From a rights-based perspective, the level of benefits provided must be adequate. According to the CESCR’s General Comment 19 (para 22), “Benefits, whether in cash or in kind, must be adequate in amount and duration in order that everyone may realize his or her rights to family protection and...

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Standards of Accessibility, Adaptability and Acceptability

The principle of equality and non-discrimination requires States to ensure that social protection programmes meet the standards of accessibility, adaptability, acceptability and adequacy for all rights holders. The Committee on Economic, Social and Cultural Rights (CESCR) has recommended these standards through several General Comments including 13, 14 and 19....

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Comprehensive, Coherent and Coordinated Policies

The interdependence, indivisibility and mutually reinforcing nature of human rights necessitates a holistic approach to social protection. As such, under international human rights law, social protection programmes should be one element within a broader strategy aimed at overcoming poverty and realizing all human rights, including economic, social and cultural...

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Access to Accountability Mechanisms and Effective Remedies

A human rights-based approach to social protection requires that policy makers, programme administrators and others whose actions have an impact on a programme should be held accountable for their actions. To meet this human rights requirement, social protection programmes should have mechanisms to collect and process complaints, in particular...

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Conditional Cash Transfers and the Human Right to Social Security

Expert commentaries - Date: 27 May 2014 / Author: Ian Orton

The increasing use of conditional cash transfers (CCTs) has perhaps been one of the most significant additions to the social development agenda of late. CCTs are now key components of many governments’ poverty elimination programmes and feature centrally in the UN’s current Social Protection Floor initiative1 The mainstream media...

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Securing a Dignified Old Age for All

Expert commentaries - Date: 24 April 2014 / Author: Charles Knox-Vydmanov

Access to adequate social protection in old age remains a luxury limited to a minority of people globally, with just one in five older people in low- and middle-income countries receiving even a basic pension. This huge gap is symptomatic of the wider failure of social protection systems as...

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Social Protection and Human Rights