E/C.12/GC/19
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affordable, and accessible social security. To prevent such abuses an effective regulatory system
must be established which includes framework legislation, independent monitoring, genuine
public participation and imposition of penalties for non-compliance.
3.
Obligation to fulfil
47. The obligation to fulfil requires States parties to adopt the necessary measures, including
the implementation of a social security scheme, directed towards the full realization of the right
to social security. The obligation to fulfil can be subdivided into the obligations to facilitate,
promote and provide.
48. The obligation to facilitate requires States parties to take positive measures to assist
individuals and communities to enjoy the right to social security. The obligation includes,
inter alia, according sufficient recognition of this right within the national political and legal
systems, preferably by way of legislative implementation; adopting a national social security
strategy and plan of action to realize this right;31 ensuring that the social security system will be
adequate, accessible for everyone and will cover social risks and contingencies.32
49. The obligation to promote obliges the State party to take steps to ensure that there is
appropriate education and public awareness concerning access to social security schemes,
particularly in rural and deprived urban areas, or amongst linguistic and other minorities.
50. States parties are also obliged to provide the right to social security when individuals or a
group are unable, on grounds reasonably considered to be beyond their control, to realize that
right themselves, within the existing social security system with the means at their disposal.
States parties will need to establish non-contributory schemes or other social assistance measures
to provide support to those individuals and groups who are unable to make sufficient
contributions for their own protection. Special attention should be given to ensuring that the
social security system can respond in times of emergency, for example during and after natural
disasters, armed conflict and crop failure.
51. It is important that social security schemes cover disadvantaged and marginalized groups,
even where there is limited capacity to finance social security, either from tax revenues and/or
contributions from beneficiaries. Low-cost and alternative schemes could be developed to cover
immediately those without access to social security, although the aim should be to integrate them
into regular social security schemes. Policies and a legislative framework could be adopted for
the progressive inclusion of those in the informal economy or who are otherwise excluded from
access to social security.
31
See paras. 59 (d) and 68-70 below.
32
See paras. 12-21 above.