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31. In order to protect human rights there must be a clear legal framework for CTPs. Legal and
institutional frameworks are essential in order to ensure that there is clarity regarding the various
roles and responsibilities of government entities (at both the national and local levels),
international organizations and civil society actors involved in the implementation of CTPs.
32. The existence of institutional and legal frameworks is also essential to ensure long-term
involvement of State authorities at all stages of CTPs. This is the case regardless of whether they
are implemented by States themselves, or by international or national NGOs. There is a risk that
where CTPs are implemented without clear institutional and legal frameworks the necessary
protection of human rights standards may be lacking and this risk increases in the case of
small-scale initiatives and pilot projects, because when they finish, beneficiaries may be left in a
more difficult situation than before the institution of the programme, or suffer from the abrupt
loss of income. Without a strong legal and institutional framework and a long-term strategy,
beneficiaries are not in a position to claim their rights.
33. Where clear and effective legal and institutional frameworks are adopted there is also less
risk that political changes jeopardize the existence of the CTPs, which in turn protects the
enjoyment by their beneficiaries of the right to social security.
B. Ensuring that cash transfer programmes reach the most
vulnerable and the most excluded members of society
34. Universal provision of CTPs (e.g. old-age pensions given to everyone of pensionable age
regardless of income) is the simplest and most transparent structure, and with the lowest
administrative costs. Universal coverage reduces opportunities for corruption and has no stigma
attached as it is available to all who qualify and might receive broad political support. The cost
of delivering universal cash transfers is often viewed as a major impediment. Nonetheless,
costing studies suggest that they are affordable even in low-income countries and experience
shows that the administrative costs can be kept relatively low.12
35. When poverty is widespread, the administrative costs and problems associated with
targeting methods in the identification, monitoring, and delivery of programmes tend to
overweigh the benefits. Nevertheless, targeting can be useful to complement universal policies or
when the poor represent a small percentage of the population. There are several targeting
methods such as categorical (benefits are provided to a specific group), means testing (benefits
are provided to individuals or households under certain criteria) and self-selection.
36. Due to resources constraints, when designing CTPs policymakers often set up eligibility
criteria in order to target specific households or individuals. Defining which beneficiaries to
target is one of the most complex questions in the design of any CTP. Decisions about targeting
in the design of a CTP must make careful consideration of the fact that practical implementation
often involves targeting errors: some of the poor may be excluded and some of the non-poor may
12
See “Can low income countries afford basic social security?”, ILO, 2008, and “Development
in ageing world: World Economic and Social Survey 2007”, New York, United Nations,
Department of Economic and Social Affairs, 2007.