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sexual orientation, and civil, political, social or other status, which has the intention or effect
of nullifying or impairing the equal enjoyment or exercise of the right to social security.
30. States parties should also remove de facto discrimination on prohibited grounds, where
individuals are unable to access adequate social security. States parties should ensure that
legislation, policies, programmes and the allocation of resources facilitate access to social
security for all members of society in accordance with Part III. Restrictions on access to social
security schemes should also be reviewed to ensure that they do not discriminate in law or in
fact.
31. Whereas everyone has the right to social security, States parties should give special
attention to those individuals and groups who traditionally face difficulties in exercising this
right, in particular women, the unemployed, workers inadequately protected by social security,
persons working in the informal economy, sick or injured workers, people with disabilities, older
persons, children and adult dependents, domestic workers, homeworkers,26 minority groups,
refugees, asylum-seekers, internally displaced persons, returnees, non-nationals, prisoners and
detainees.
2.
Gender equality
32. In general comment No.16 (2005) on the equal right of men and women to the enjoyment
of all economic, social and cultural rights (art. 3), the Committee noted that implementation of
article 3 in relation to article 9 requires, inter alia, equalization of the compulsory retirement age
for both men and women; ensuring that women receive equal benefits in both public and private
pension schemes; and guaranteeing adequate maternity leave for women, paternity leave for
men, and parental leave for both men and women.27 In social security schemes that link benefits
with contributions, States parties should take steps to eliminate the factors that prevent women
from making equal contributions to such schemes (for example, intermittent participation in the
workforce on account of family responsibilities and unequal wage outcomes) or ensure that
schemes take account of such factors in the design of benefit formulas (for example by
considering child rearing periods or periods to take care of adult dependents in relation to
pension entitlements). Differences in the average life expectancy of men and women can also
lead directly or indirectly to discrimination in provision of benefits (particularly in the case of
pensions) and thus need to be taken into account in the design of schemes. Non-contributory
schemes must also take account of the fact that women are more likely to live in poverty than
men and often have sole responsibility for the care of children.
26
Home workers are those who work from home for remuneration for an employer or similar
business enterprise or activity. See ILO Convention No. 177 (1996) on Home Work.
27
Article 10 of the Covenant expressly provides that “working mothers should be accorded paid
leave or leave with adequate social security benefits”.