Right to Social Security
A primary guiding text on the right to social security is the International Covenant on Economic, Social and Cultural Rights which provides:
Article 9:
The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.
States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to social security. For example, States are obligated to ensure:
- stable access to essential social services for people in need, including social assistance, medical care, food, housing, employment, training, education and culture;
- available, accessible and time-effective avenues to redress social security rights violations; and
- equal and non-discriminatory rules and procedures governing eligibility for social security programs and termination of benefits or social insurance programs.
Consistent with U.N. Committee on Economic, Social and Cultural Rights General Comment Number 3, even in times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programs. One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to social security is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.
Social Security Rights Dossier
- Article 9 of the International Covenant on Economic, Social and Cultural Rights
- Articles 22, 25 of the Universal Declaration of Human Rights
- Article 13 of the Cairo Declaration on Human Rights in Islam
- 6(d) of the Declaration on the Basic Duties of Association of Southeast Asian Nations (ASEAN) Peoples’ and Governments
- Articles 12, II(12) of the European Social Charter
- Article 26 of the Convention on the Rights of the Child
- 102, 157 of the Social Security (Minimum Standards) Convention
- Employment Promotion and Protection Against Unemployment Convention
- Maternity Protection Convention (Revised)
- Beijing Declaration and Platform of Action
- Copenhagen Declaration and Programme of Action
- Maintenance of Social Security Rights Convention
- Medical Care and Sickness Benefits Convention
- Employment Injury Benefits Convention
- Invalidity, Old Age and Survivor Benefits Convention
- Equality of Treatment (Social Security) Convention
Key Social Security Developments and Sample Best Practices
Significant advances toward the full realization of the right to social security continue to be made. Some initial resources on the right are:
- Module 11 of Circle of Rights on “Social Security as a Human Right”
- Ibrahima Gueye, et al. v. France, Communication No. 196/1983.
The following case summary illustrates how human rights defenders have used the ESC rights approach to promote and protect the right to social security: