A/HRC/11/9 page 10 27. Other essential elements of the right to social security include coverage for the nine principal branches of social security,10 adequate benefit levels, and that qualifying conditions for the benefits are reasonable, proportionate, transparent and accessible to those who are entitled to them. The Committee on Economic, Social and Cultural Rights has also identified the core obligations of States, which include the obligation to provide a minimum essential level of benefits to all individuals and families, and to ensure the right of access to social security systems or schemes in a non-discriminatory manner, especially for disadvantaged and marginalized individuals and groups. Over time, the right to social security must be realized fully by States in accordance with their maximum available resources. The Committee particularly notes the importance of providing minimum coverage for those working in the informal economy as they cannot access formal schemes. 28. Research indicates that CTPs may also play an important role in supporting the realization of other human rights, such as the right to education (e.g. article 11, International Covenant on Economic, Social and Cultural Rights), the right to the highest attainable standard of health (e.g. art. 12) and the right to work (art. 6). A. Ensuring an adequate legal and institutional framework for cash transfer programmes 29. The replication and expansion of CTPs has promoted the simultaneous development of a wide range of institutional and legal frameworks for these programmes. In some cases CTPs are institutionalized and incorporated into a national social protection strategy, generally through domestic laws, including constitutional legislation. For example, in Brazil, the 1988 Constitution recognized the right to social protection. In South Africa, the Social Assistance Act charges the national Government with responsibility for social security grants.11 30. In most cases, however, CTPs are based only on presidential decrees, policy statements or simply operational manuals and guidelines. Pilot schemes and programmes funded mostly through external sources are usually based upon operational guidelines only. 10 These nine branches are: health care, sickness, old age, unemployment, employment injury, family and child support, maternity, disability, and survivors and orphans. 11 Among the responses to the questionnaire, Chile, Brazil and South Africa reported the existence of specific legal provisions regulating their national programmes and their implementation. The Brazilian law (Law 10.836/2004) stipulates the right to a basic income in order to obtain food, education and health care. The Chilean law (Law 19949 of 5 June 2004) sets an indexation mechanism for the all social transfer operations in place. In South Africa, the Social Assistance Act (Act 13 - 2004), charges the national government with responsibility for social security grants. On the other hand, Kenya has a number of CTPs implemented in the country with strong involvement of the Ministry of Gender, Children and Social Development but is still lacking a solid legislative framework. Uganda is developing a pilot scheme based on its Social Development Sector Strategic Investment Plan.

Select target paragraph3