E/C.12/GC/19
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76. Having identified appropriate indicators for the right to social security, States parties are
invited to set appropriate national benchmarks. During the periodic reporting procedure, the
Committee will engage in a process of “scoping” with States parties. Scoping involves the joint
consideration by States parties and the Committee of the indicators and national benchmarks
which will then provide the targets to be achieved during the next reporting period. In the
following five years, the States parties will use these national benchmarks to help monitor their
implementation of the right to social security. Thereafter, in the subsequent reporting process,
States parties and the Committee will consider whether or not the benchmarks have been
achieved, and the reasons for any difficulties that may have been encountered.44 When setting
benchmarks and preparing their reports, States parties should utilize the extensive information
and advisory services of the United Nations specialized agencies and programmes.
D. Remedies and accountability
77. Any persons or groups who have experienced violations of their right to social security
should have access to effective judicial or other appropriate remedies at both national and
international levels.45 All victims of violations of the right to social security should be entitled to
adequate reparation, including restitution, compensation, satisfaction or guarantees of nonrepetition. National ombudspersons, human rights commissions, and similar national human
rights institutions should be permitted to address violations of the right. Legal assistance for
obtaining remedies should be provided within maximum available resources.
78. Before any action is carried out by the State party, or by any other third party, that
interferes with the right of an individual to social security the relevant authorities must ensure
that such actions are performed in a manner warranted by law, compatible with the Covenant,
and include: (a) an opportunity for genuine consultation with those affected; (b) timely and full
disclosure of information on the proposed measures; (c) reasonable notice of proposed actions;
(d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal
remedies. Where such action is based on the ability of a person to contribute to a social security
scheme, their capacity to pay must be taken into account. Under no circumstances should an
individual be deprived of a benefit on discriminatory grounds or of the minimum essential level
of benefits as defined in paragraph 59(a).
79. The incorporation in the domestic legal order of international instruments recognizing the
right to social security can significantly enhance the scope and effectiveness of remedial
measures and should be encouraged. Incorporation enables courts to adjudicate violations of the
right to social security by direct reference to the Covenant.
80. Judges, adjudicators and members of the legal profession should be encouraged by States
parties to pay greater attention to violations of the right to social security in the exercise of their
functions.
44
See general comment No.14 (2000) on the right to the highest attainable standard of health
(art. 12), para. 58.
45
See general comment No. 9 (1998) on the domestic application of the Covenant, paragraph 4.