A/64/279 A. Recognizing the State obligation to provide social security 58. The right to social security is strongly affirmed in international human rights law, regional treaties and several ILO conventions. 30 Nevertheless, this is perhaps one of the most neglected of all human rights. It is estimated that 80 per cent of the world’s population do not enjoy this right, with 20 per cent living in extreme poverty. 31 The absence of viable social security systems around the world is not an accident but it is the direct result of States’ reluctance to invest in this area. 59. The normative content of the right to social security includes both social insurance (contributory schemes) and social assistance (non-contributory schemes). Non-contributory schemes play a significant role as it is unlikely that every person is adequately covered through an insurance-based system. Thus, this right places States under an obligation to protect and provide, to the maximum extent of available resources, for the poorest, who are generally not protected through contributory schemes. 60. In general comment No. 19, the Committee on Economic, Social and Cultural Rights specified the essential elements of the right to social security, which calls for assistance for health care, sickness, old age, unemployment, employment injury, family and child support, maternity, disability and survivors and orphans. 32 61. The Committee argued that the level of the benefits must be adequate, and the qualifying conditions for the benefits must be reasonable, proportionate, transparent and accessible to those who are entitled to them. The Committee noted in particular the importance of providing minimum coverage for those working in the informal economy as they cannot access formal schemes, arguing that this right includes the right not to be subject to arbitrary and unreasonable restrictions of existing social security coverage, whether obtained publicly or privately, as well as the right to equal enjoyment of adequate protection from social risks and contingencies. 33 62. The Committee 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. 63. The adoption of a human rights-based approach demands that inaccurate preconceptions with regard to social security systems, for example, that they are not affordable or that they create dependency, be dismissed. Costing exercises conducted by ILO have shown that establishing a set of minimum guarantees, including basic cash benefits for the elderly and to families with children, social assistance to the unemployed and access to essential health care, is affordable, at least partially, in almost all countries. 34 __________________ 30 31 32 33 34 09-45276 See note 28 above. “Social Security for all”, Social Security Policy Briefings, Paper 7 (Geneva, International Labour Office, 2009), p. 3. E/C.12/GC/19. Ibid., para. 9 “Can low-income countries afford basic social security?”, Social Security Policy Briefings, Paper 3 (Geneva, International Labour Office, 2003), p. 17. 15