The right of everyone to social security,
including social insurance, is set out in
Article 9 of the International Covenant
on Economic, Social, and Cultural Rights.
The right to social security encompasses 'the right
to access and maintain benefits in order to secure
protection' against a number of different
risks or contingencies.
In other words, threats or possible situations
that people may face in their lives.
These fall into three main areas.
First, a lack of workrelated income caused by
sickness, disability, maternity,
employment injury, unemployment, old age,
or death of a family member.
Second, unaffordable access to healthcare
and third, insufficient family support,
particularly for children and adult dependents.
There's a wide range of ways in which states
can give affect to this right.
One way is through what are called
contributory or insurance-based schemes,
such as social insurance.
These schemes cover those forms of social security
that are commonly connected with an individual's
position or status, and to which the individual makes
a partial contribution.
Examples of these would be worker pension plans,
or contributory medical aid schemes.
Governments can also give affect to the right
to social security through non-contributory schemes.
These can be universal, providing the relevant
benefit and in principle to everyone who experiences
a particular risk or contingency.
An example of this would be universal child allowance.
Or they might be targeted social assistance schemes
where benefits are received by those in a situation of need.
Examples of these would be clothing grants
for low income families,
or fuel coupons for the elderly poor.
The government can also choose to promote
privately run schemes and self-help or other approaches.
However the government designs its social security
system, the UN committee on Economic, Social,
and Cultural Rights
has made clear that there
are certain conditions that have to be conformed with
by that system in order to comply with Article 9.
First, all countries must ensure that a social
security system is available and in place to ensure
the benefits are provided for the risks
that the right to social security seeks
to ensure protection from.
Systems should be established under national law
and public authorities must take responsibility
for the effective administration or supervision
of the system.
Second, benefits, whether in cash or in kind,
must be adequate in amount and duration.
This means they must be sufficient to ensure
that everyone is able to satisfy their Covenant
rights to family protection and assistance,
an adequate standard of living,
and adequate access to health care.
When a person makes contributions to a social
security scheme that provides benefits
to cover for lack of income -
for instance a pension scheme -
there must be a reasonable relationship
between earnings, pay contributions,
and the amount of benefit.
Social security must be accessible.
This means that social security systems
must be affordable - that is, economically accessible -
for the individual.
Where you have a contributory scheme,
the direct and indirect costs and charges
of making contributions must be affordable for all
and must not compromise the realisation
of other Covenant rights.
In other words, payments into a health insurance
scheme should not leave contributors without
enough money to meet their food, housing,
and other economic and social rights-related needs.
Accessibility isn't just about affordability.
For a social security system to be accessible,
everyone must be covered by it
and qualifying conditions for benefits
must be reasonable,
proportionate, and transparent.
When it comes to withdrawal, reduction,
or suspension of benefits, this must be based on
grounds that are reasonable, subject to due process,
and provided for in national law.
For instance, sanctions for disabled people
shouldn't be based on conditions that claimants
cannot comply with due to their impairment.
And there must be meaningful opportunities
to appeal sanctions in all cases.
Social security is complex -
a fact that often prevents people from enjoying
the range of services they are entitled to.
So it follows that states must also
guarantee that everyone has the right to seek,
receive, and impart information on all social security
entitlements in a clear and transparent way.
Non-discrimination is a major issue
when it comes to social security.
The right to social security includes the right
not to be subject to arbitrary and unreasonable
restrictions of existing social security coverage -
for instance, exclusion from employer-run pension
schemes on the basis of religion.
It also includes the right to equal enjoyment
of adequate protection from social
risks and guaranteeing this requires governments
to take into account the position and needs
of different social groups.
For instance, in social security schemes that link
benefits with contributions, governments should ensure
that and account is taken of factors
that prevent women from making equal contributions,
for example, due to periods of maternity leave.
In ensuring the full implementation of the right
to social security, the state must give special
attention to groups that have traditionally faced
difficulties in exercising that right.
For instance, part-time workers, migrant workers,
and workers in the informal economy.
While a states' primary obligation with regard
to the right to social security is one of
progressive realisation subject to the maximum
of states' available resources,
governments must prioritise the achievement
of a minimum essential level of benefits.
That minimum level must enable all individuals
and families to acquire at least essential health care,
basic shelter, and housing, water and sanitation,
food stuffs, and the most basic forms of education.
This is a crucial part of the social protection
safety net envisaged by the right to social security.
Like all economic and social rights,
governments are required to respect,
protect, and fulfil the right to social security.
The duty of states to respect the right - that is
to refrain from interfering with existing enjoyment
of that right - includes avoiding any activity
that denies or limits equal access
to adequate social security.
The government's duty to protect means that
it must take steps to ensure that there is no
discrimination by third parties.
For instance, in the private insurance industry
on the grounds of, for example, gender,
HIV AIDS status, or race.
Where social security schemes are operated
or controlled by third parties,
it is the government that ultimately retains
the responsibility of administering
the national social security system -
and for ensuring the private actors do not
compromise equal, adequate, affordable,
and accessible social security.
Finally, the duty to fulfil requires governments
to adopt the necessary measures directed towards
the full realisation of the right to social security.
This includes taking positive measures to assist
people to enjoy that right.
For instance, through the adoption of a national
social security strategy,
and ensuring education and public awareness
concerning access to social security schemes.
It also requires providing the right to social security
for people unable to realise that right themselves
within the existing social security system
with the means at their disposal.
Therefore, governments must establish non-contributory
schemes or other social assistance measures
to provide support to those people who are unable
to make sufficient contributions for their own protection.