Responsibility of the State

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Social Protection and Human Rights

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, and the proper administration of the institutions and services. Where benefits and services are not provided directly by public institutions, the effective enforcement of the legislative frameworks is particularly important for the provision of benefits and services.

Photo credit: “Rue de people” by Robert Cudmore (CCBY 2.0 via Flickr).

Expert Commentaries

As the role of social protection in social development is increasingly emphasized, there is a need to ensure that social protection programmes are not only efficiently managed but express core values such as rights which have played a vital role in shaping social development practice over the years. However, given the pressures to deliver services […]

Access to adequate social protection in old age remains a luxury [. ]

Civil society and accountability in social protection programmes The experience of the last 20 years suggests there are four obstacles to ensuring accountability in social protection programmes. The first obstacle has to do with social protection’s contested status: is it a right or only a service or a favour? Despite international legislation about social protection […]

Principles

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 assistance, an adequate standard of living […]

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. Accessibility means making the social protection […]

Legal Instruments

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 […]

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 […]

Article 9 recognizes the right of everyone to social security. Article 10(2) recognizes the right of working mothers “to adequate social security benefits”. Article 10(3) requires States parties to undertake special measures of protection and assistance for children and young persons. Link to instrument

Legal Cases

In its general report of 2009, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) observed that the global financial crisis was posing a real threat to the financial viability and sustainable development of social security systems and undermining the application of ILO social security standards. The CEACR reminded governments that, under […]

Resources

The ILO’s General Survey 2019 , compiled by the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR). The Survey (published under the title Universal social protection for human dignity, social justice and sustainable development) focuses on the ILO’s Social Protection Floors Recommendation, 2012 (No. 202), which calls for basic income security and essential healthcare […]

In 2015, leaders of all countries committed to “eradicate extreme poverty for all people everywhere” by 2030. In the past 25 years, the world has managed to halve the number of people living in extreme poverty. Yet despite this progress, at least 400 million people will still be living on less than $1.90 a day by […]

This paper documents the reversal of pension privatization and the reforms that took place in the 1990s and 2000s in Venezuela. The report analyses the political economy of different reform proposals, and the characteristics of the new pension system, including laws enacted, governance and social security administration, social dialogue, positive impacts and other key issues […]

This paper documents the reversal of pension privatization and the reforms that took place in the 1990s and 2000s in Nicaragua. The report analyses the political economy of different reform proposals, and the characteristics of the new pension system, including laws enacted, governance and social security administration, social dialogue, positive impacts and other key issues […]

This paper documents the reversal of pension privatization and the reforms that took place in the 1990s and 2000s in Ecuador. The report analyses the political economy of different reform proposals, and the characteristics of the new pension system, including laws enacted, coverage, benefit adequacy, financing and contribution rates, governance and social security administration, social […]

This paper documents the reversal of pension privatization and the reforms that took place in the 1990s and 2000s in Poland. The report analyses the political economy of different reform proposals, and the characteristics of the new pension system, including laws enacted, coverage, benefit adequacy, financing and contribution rates, governance and social security administration, social […]

This paper documents the reversal of pension privatization and the reforms that took place in the 1990s and 2000s in Kazakhstan. The report analyses the political economy of different reform proposals, and the characteristics of the new pension system, including laws enacted, coverage, benefit adequacy, financing and contribution rates, governance and social security administration, social […]

This paper documents the reversal of pension privatization and the reforms that took place in the 1990s and 2000s in Hungary. The report analyses the political economy of different reform proposals, and the characteristics of the new pension system, including laws enacted, coverage, benefit adequacy, financing and contribution rates, governance and social security administration, social […]

This paper documents the reversal of pension privatization and the reforms that took place in the 1990s and 2000s in Bolivia. The report analyses the political economy of different reform proposals, and the characteristics of the new pension system, including laws enacted, coverage, benefit adequacy, financing and contribution rates, governance and social security administration, social […]

This paper documents the reversal of pension privatization and the reforms that took place in the 1990s and 2000s in Argentina. The report analyses the political economy of different reform proposals, and the characteristics of the new pension system, including laws enacted, coverage, benefit adequacy, financing and contribution rates, governance and social security administration, social […]

Key Issues