A/64/279
V. The human rights framework and social protection
46. In order to protect and respect fundamental rights that are crucial for the
protection of the poor (for example, the right to health, social security and the right
to an adequate standard of living), States are required to devise and implement
social protection policies. Not only can social protection policies assist greatly in
the achievement of all human rights, but they can also be strengthened when they
follow a rights-based approach.
A.
Providing a normative framework
47. Human rights law provides a normative framework that assigns rights and
responsibilities to individuals, groups and States. Thus, from a human rights
perspective, beneficiaries of social protection are rights-holders that can make
legitimate claims related to the allocation of resources. States and other actors are
duty-bearers that are responsible and can be held accountable for their acts or
omissions.
48. International standards need to be enforced, and to do so States are required to
adopt new laws, design regulatory frameworks, amend existing national laws and
administrative practices, strengthen the judiciary, establish national human rights
institutions, increase participation and improve socio-economic standards, among
other things. States must therefore implement structural reforms to ensure, inter alia,
free and compulsory primary education, the elimination of all forms of forced or
compulsory labour, the abolition of child labour; equality before the law and
equitable access to resources, which are indispensable for the good functioning of
social protection systems.
49. States are also required to strengthen mechanisms that allow people to claim
their rights, as well as to empower individuals to access and utilize mechanisms for
claiming rights. These measures contribute greatly to reducing vulnerabilities and
risks and enhancing the ability of households to manage risks and improve their
standard of living. For example, potential beneficiaries of social protection
programmes must know what entitlements they can receive and be able to challenge
decisions that affect their benefits.
B.
Recognizing rights and principles
50. In order to give full effect to the range of rights set out in international human
rights law, States must implement social protection policies and systems. The duty
to implement policies to advance the protection available to the poor flows directly
from a number of human rights, in particular the right to social security and the right
to an adequate standard of living; both of these rights are enshrined in the Universal
12
09-45276