Search result

Duty to prevent discrimination by private health providers on grounds of gender, race or economic status in Brazil

Legal depository - Country: Brazil / Body: Committee on the Elimination of Discrimination against Women / Year: 2011

The communication represented the first instance of maternal mortality to be addressed by the international system of human rights, and examined accountability of health provision, in relation to compounding forms of discrimination. The victim was a poor woman of Afro-Brazilian ethnicity. The ethnic, socio-economic and gender factors were widely...

Read More

Austerity measures that contravene Conventions by reducing social protection and increasing poverty in Greece

Legal depository - Country: Greece / Body: ILO Committee of Experts on the Application of Conventions and Recommendations / Year: 2014

Recalling previous recommendations, the Committee observed that the austerity measures in conjunction with the continuous contractions of the economy, employment and public finances posed a threat to the viability of the Greek national social security system, resulting in the impoverishment of the population, thus undermining the application of all...

Read More

Application of international provisions concerning maternal health in the Netherlands

Legal depository - Country: Netherlands / Body: Administrative High Court / Year: 1996

In force until 1996, Article 3(a) of “Besluit ziekenhuisverpleging ziekenfondsverzekering” (Decree  on health insurance and hospital care) required personal contributions from women towards the cost of postnatal care. Moreover, according to the explanatory note (“toelichting”) accompanying this Decree, personal contributions would also include postnatal care in hospitals regardless of...

Read More

Coherent Constitutions and the Right to Social Protection for Adopted Children in Taiwan

Legal depository - Country: China, Taiwan / Body: Judicial Yuan (Constitutional Interpretation Agency) (China) / Year: 2002

The Judicial Yuan, a body responsible for interpreting the Constitution, examined the constitutionality of provisions in the Statute for Labor Insurance preventing children adopted within less than six months of the death of their adoptive parents from collecting social insurance benefits as survivors. The Court held that despite the...

Read More

Report on participation of people living in poverty (A/HRC/23/36), submitted by the Special Rapporteur on extreme poverty and human rights

Resources - Author: Magdalena Sepúlveda / Year: 2013

This report focuses on the right to participation of people living in poverty. Participation is a basic human right in itself, a precondition or catalyst for the realization and enjoyment of other human rights, and of fundamental importance in empowering people living in poverty to tackle inequalities and asymmetries of...

Read More

Unfair dismissal during protected maternity period in Benin

Legal depository - Country: Benin / Body: Cotonou Court of First Instance (Benin) / Year: 2009

Consequences of childbirth led to a medical condition that would temporarily prevent rigorous physical activities, and subsequently have implications for the complainant’s work duties upon returning to Plan International Benin after maternity leave, due to the necessity of daily motorcycle travel. During extended maternity leave, she was dismissed on...

Read More

Relevance of contractual terms to protections for employed women who are pregnant or breastfeeding in Colombia

Legal depository - Country: Colombia / Body: Constitutional Court of Colombia / Year: 2013

This case addressed the circumstances of thirty-three women who had been dismissed from various forms of employment on the basis of being pregnant. Article 53 of the Political Constitution of the Republic of Colombia allows for the direct application of international law by domestic legal bodies. Ratified conventions and...

Read More

Access to courts and the right to work for informal traders in South Africa

Legal depository - Country: South Africa / Body: Constitutional Court of South Africa / Year: 2013

Upon an urgent request, the Constitutional Court of South Africa intervened in a lower court affair to prevent the municipal government and Metropolitan Police Force from hindering what was asserted to be lawful activity by informal traders under the auspices of “Operation Clean Sweep”. Until the legality of the...

Read More

Towards a Mozambican Social Protection Floor

Resources - Author: Johannes Mueller, Luca Pellerano, Nuno Cunha, Patrick Gitton, Victor Lledo, Yuan Xiao / Year: 2012

This report has the objective of documenting the key elements of the ongoing social protection policy reform in Mozambique and exploring the technical and financial arguments underlying the Government’s policy options for the implementation of a national social protection floor in the country. The report is organised in 5...

Read More

Social security coverage extension in the BRICS: A comparative study on the extension of coverage in Brazil, the Russian Federation, India, China and South Africa

Resources - Author: ISSA / Year: 2013

This comparative study of the International Social Security Association ISSA presents the diverse approaches of the BRICS for the  extension of social security coverage. It shows how responses take into account the local realities and environment in each country, with a focus on innovations that measurabley extend and improve...

Read More

The Social Protection Floors Recommendation, 2012 (No. 202): Completing the standards to close the coverage gap

Resources - Author: Emmanuelle Saint-Pierre Guilbault, Ursula Kulke / Year: 2013

Summary: In June 2012, the 101st session of the International Labour Conference (ILC) adopted the Recommendation concerning national floors of social protection, 2012 (No. 202). This article explores the linkages between Recommendation No. 202 and the pre-existing International Labour Organization (ILO) social security standards and its complementarity with these....

Read More

World Report on Child Labour: Economic vulnerability, social protection and the fight against child labour

Resources - Author: International Programme on the Elimination of Child Labour (IPEC) / Year: 2013

This report focuses on the role of social protection in preventing and reducing child labour. It is the first in the series of World Reports on Child Labour called for in the outcome document, the Roadmap, emerging from The Hague Global Child Labour Conference of 2010. The World Report...

Read More

Social Security for All: Building social protection floors and comprehensive social security systems. The strategy of the International Labour Organization

Resources - Author: Social Security Department / Year: 2012

This document lays out the social security strategy of the International Labour Organization on the extension of social security. The ILO’s two-dimensional strategy provides clear guidance on the future development of social security in countries at all levels of development. Its horizontal dimension aims at establishing and maintaining social...

Read More

The Human Rights Approach to Social Protection

Resources - Author: Carly Nyst, Magdalena Sepúlveda /

This report sets out to elaborate and promote a human rights framework for social protection, identifying best practices and disseminating lessons learned. It provides an in-depth analysis of the application of central human rights principles of the human rights framework – equality and non-discrimination (including accessibility, acceptability, affordability and the incorporation...

Read More

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,...

Read More

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...

Read More

Maintenance of Social Security Rights Convention, 1982 (No. 157)

Legal depository - Year: 1982

Convention No. 157 and its accompanying Recommendation No. 167 specifically address the issue of the maintenance of social security rights of migrant workers and complement Convention No. 118, focusing on equality of treatment and exportability. Unlike Convention No. 118 however, which allows State Parties to choose one or more...

Read More

Equality of Treatment (Social Security) Convention, 1962 (No. 118)

Legal depository - Year: 1962

Convention No. 118 addresses the issue of the social security of migrant workers in a global manner. It covers the nine branches of social security and provides that, for each branch accepted under the Convention, a ratifying State undertake to grant equality of treatment to nationals of other ratifying...

Read More

The Human Rights Approach to Social Protection

Resources - Author: Carly Nyst / Year: 2012

Summary: This publication constitutes a summary of the analyses and arguments presented by the Special Rapporteur on Extreme Poverty and Human Rights, Magdalena Sepúlveda,  in her reports to the Human Rights Council and General Assembly in regard to the human rights approach to social protection. It is intended to be...

Read More

From Undeserving Poor To Rights Holder : A Human Rights Perspective On Social Protection Systems

Resources - Author: Magdalena Sepúlveda / Year: 2014

Summary: Over recent years, social protection strategies have rapidly gained striking political support and widespread acceptance in development discourse and practice. However, although development actors generally acknowledge that human rights should play an essential role in poverty reduction, there has been a lack of deep analysis of the implications...

Read More
Social Protection and Human Rights