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and social protection to everybody. This obligation means that retrogressive
measures are unacceptable. If, therefore, measures are taken to reduce the scope or
level of social protection programmes, States have to show that they have been
introduced after consideration of all alternatives and are fully justifiable in regard to
the protection of all economic, social and cultural rights; 29
(c) The obligation to ensure special protection for the most vulnerable
individuals and groups: the human rights framework pays particular attention to
individuals belonging to the most disadvantaged and marginalized groups. Their
need for special assistance to ensure enjoyment of their rights must be prioritized
and non-discrimination guaranteed. The principle of equality requires in certain
situations that States take affirmative action or positive measures in order to
diminish or eliminate conditions that cause or help to perpetuate discrimination.
D.
Establishing a duty to provide international assistance
and cooperation
55. The duty to cooperate is established in the Charter of the United Nations
(Articles 55 and 56) and grounded in several human rights treaties (for example
art. 2 of the International Covenant on Economic, Social and Cultural Rights and
art. 4 of the Convention on the Rights of the Child). The responsibility of States to
provide international assistance and cooperation applies to supporting and
strengthening social protection systems worldwide. International cooperation is
essential in order for developing States to overcome the various resource,
institutional and technical limitations that they face in delivering social protection.
56. International assistance has, so far, been largely directed towards microcredit
and job-creating programmes. The creation of social protection schemes should also
be an objective of international aid, as it helps protect the core human rights of those
who cannot generate income through work or benefit from work-related social
security schemes.
VI. Adopting a human rights-based approach to social
protection systems
57. A national social protection strategy cannot be considered in isolation from
human rights commitments. This section illustrates how human rights are relevant to
social protection and discusses some of the implications for the design and
implementation of social protection schemes. When choosing the appropriate social
protection system for a State, the human rights commitments discussed below
should be taken into account.
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14
See CESCR general comment No. 3, para. 12; general comment No. 12, para. 28; general
comment No. 14, para. 18; and general comment No. 19, paras. 40-42.
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