E/C.12/GC/19
page 11
3.
Workers inadequately protected by social security (part-time, casual, self-employed
and homeworkers)
33. Steps must be taken by States parties to the maximum of their available resources to
ensure that the social security systems cover workers inadequately protected by social security,
including part-time workers, casual workers, the self-employed and homeworkers. Where social
security schemes for such workers are based on occupational activity, they should be adapted so
that they enjoy conditions equivalent to those of comparable full-time workers. Except in the
case of employment injury, these conditions could be determined in proportion to hours of work,
contributions or earnings, or through other appropriate methods. Where such occupation-based
schemes do not provide adequate coverage to these workers, a State party will need to adopt
complementary measures.
4.
Informal economy
34. States parties must take steps to the maximum of their available resources to ensure that
the social security systems cover those persons working in the informal economy. The informal
economy has been defined by the International Labour Conference as “all economic activities by
workers and economic units that are - in law or in practice - not covered or insufficiently covered
by formal arrangements.”28 This duty is particularly important where social security systems are
based on a formal employment relationship, business unit or registered residence. Measures
could include: (a) removing obstacles that prevent such persons from accessing informal social
security schemes, such as community-based insurance; (b) ensuring a minimum level of
coverage of risks and contingencies with progressive expansion over time; and (c) respecting and
supporting social security schemes developed within the informal economy such as microinsurance and other microcredit related schemes. The Committee notes that in a number of States
parties with a large informal economy, programmes such as universal pension and health-care
schemes that cover all persons have been adopted.
5.
Indigenous Peoples and Minority Groups
35. States parties should take particular care that indigenous peoples and ethnic and linguistic
minorities are not excluded from social security systems through direct or indirect
discrimination, particularly through the imposition of unreasonable eligibility conditions or lack
of adequate access to information.
6.
Non-nationals (including migrant workers, refugees, asylum-seekers and stateless
persons)
36. Article 2, paragraph 2, prohibits discrimination on grounds of nationality and the
Committee notes that the Covenant contains no express jurisdictional limitation. Where nonnationals, including migrant workers, have contributed to a social security scheme, they should
28
Conclusions concerning decent work and the informal economy, General Conference of the
International Labour Organization, 90th session, para. 3.