The CESCR, which monitors the implementation of ICESCR, has developed the content of the right to social security beyond the cross-cutting concerns for all economic, social and cultural rights in its General Comment 19. Specifically, it provides a definition of the right to social security, describes the obligations resting...

This general comment was adopted by the Committee on Economic, Social and Cultural Rights in 1995. With regard to social security, it sets out the following: 28. Social security and income‑maintenance schemes are of particular importance for persons with disabilities. As stated in the Standard Rules, “States should ensure the...

In previous observations on the application of the Equality of Treatment (Accident Compensation) Convention, No 19, the Committee of Experts had expressed deep concerns over the situation of more than 2 million migrants working in Thailand. In response to these concerns, the Thai Government argued that the Workmen’s Compensation...

Summary: The communication was filed by the mother of a woman with a mental impairment amounting to a legal age of a child, concerning the response of public health and judicial institutions to her pregnancy resulting from rape.  After being refused by one hospital, a second hospital scheduled an...

As a human right that is intrinsic to all, the international community recognizes the need to design and implement social protection systems according to the principle of social inclusion, underlying the particular need to include persons in the informal economy (Recommendation No. 202, para 3e). Delivery systems should therefore...

The Court was requested to examine whether Article 109 para. 1 of the Law of Azerbaijan Republic On Pension Maintenance of Citizens, allowing an 80 per cent reduction of pensions for entitled persons who are incarcerated, was inconsistent with the right to social protection, contained in Article 38 of...

Relevant articles Article 24: Labour legislation and social security The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters: a) In so far as such matters are governed by laws or regulations...

Article 9: Right to social security 1. Everyone shall have the right to social security protecting him from the consequences of old age and of disability which prevents him, physically or mentally, from securing the means for a dignified and decent existence. In the event of the death of...

Article 24: Labour legislation and social security 1. The Contracting States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters; (a) In so far as such matters are governed by laws or regulations or are...

Article 28: Adequate standard of living and social protection 1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps...

Article 22: Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the...

Reflecting the trend to find all three long-term benefits (i.e. invalidity, old-age and survivors’ benefits) in a single national pension system, Convention No. 128 regroups these three branches into one instrument and extends coverage to all employees, including apprentices, or not less than 75 per cent of the whole...

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,...

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...

Africa The African Charter on Human and Peoples’ Rights, 1981 The Charter has no express provision recognizing the right to social security. Certain aspects of the right may, however, be derived from Article 16, the right to health, and Article 18(4), the right of the aged and disabled to...

The ILO has played a major role in developing an international defined normative framework guiding the establishment, development and maintenance of social security systems across the world and has become the world’s leading point of reference for efforts to this end. Following its establishment in 1919 and being the...

Universal Declaration of Human Rights, 1948 Article 22 guarantees the right to social security. Article 25 recognizes the right of everyone to a standard of living adequate for the health and wellbeing of himself and of his family, including … medical care and necessary social services, and the right...

Social protection policies play a critical role in realizing the human right to social security for all, reducing poverty and inequality, and promoting inclusive growth – by boosting human capital and productivity, and by supporting domestic demand and structural transformation of national economies. This ILO flagship report provides a...

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...

  The right to social security implies the relationship to other human rights. This interrelationship has been recognised by the CESCR (General Comment No. 19, para. 28). This is because the right to access and maintain benefits to secure protection from lack of work related income (caused by sickness,...

One of the major challenges in social protection is integrating diverse initiatives into genuine systems with the capacity to coordinate programmes with the State institutions responsible for their design, financing, implementation, regulation, monitoring and evaluation, with the aim of raising the population’s living standards. To adequately supply benefits, social...

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights Article 9 of the Right to Social Security, reads as follows: “(1) Everyone shall have the right to social security protecting him from the consequences of old age and of disability...

Convention relating to the Status of Refugees, 1951 and Convention relating to the Status of stateless Persons Article 24 of both instruments stipulates: The Contracting States shall accord to refugees [stateless persons] lawfully staying in their territory the same treatment as is accorded to nationals in respect of the...

Universal Declaration of Human Rights (UDHR), 1948 Article 22 guarantees the right to social security. Article 25 recognizes the right of everyone to a standard of living adequate for the health and wellbeing of himself and of his family, including … medical care and necessary social services, and the...

Social protection plays a key role in realizing the rights of persons with disabilities of all ages: providing them with an adequate standard of living, a basic level of income security; thus reducing levels of poverty and vulnerability. Moreover, mainstream and/or specific social protection schemes concerning persons with disabilities...