E/C.12/GC/19
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disabilities, migrants, and persons living in remote or disaster-prone areas, as well as
areas experiencing armed conflict, so that they, too, can have access to these services.
5.
Relationship with other rights
28. The right to social security plays an important role in supporting the realization of many of
the rights in the Covenant, but other measures are necessary to complement the right to social
security. For example, States parties should provide social services for rehabilitation of the
injured and persons with disabilities in accordance with article 6 of the Covenant, provide child
care and welfare, advice and assistance with family planning and the provision of special
facilities for persons with disabilities and older persons (article 10); take measures to combat
poverty and social exclusion and provide supporting social services (article 11); and adopt
measures to prevent disease and improve health facilities, goods and services (article 12).21
States parties should also consider schemes that provide social protection to individuals
belonging to disadvantaged and marginalized groups, for example crop or natural disaster
insurance for small farmers22 or livelihood protection for self-employed persons in the informal
economy. However, the adoption of measures to realize other rights in the Covenant will not in
itself act as a substitute for the creation of social security schemes.
B. Special topics of broad application
1.
Non-discrimination and equality
29. The obligation of States parties to guarantee that the right to social security is enjoyed
without discrimination (article 2, paragraph 2, of the Covenant), and equally between men and
women (article 3), pervades all of the obligations under Part III of the Covenant. The Covenant
thus prohibits any discrimination, whether in law or in fact, whether direct or indirect, on the
grounds of race, colour, sex,23 age,24 language, religion, political or other opinion, national or
social origin, property, birth, physical or mental disability,25 health status (including HIV/AIDS),
21
See Social Security principles, Social Security Series No. 1, ILO (1998), p. 14 and general
comments No. 5 (1994) on persons with disabilities, No. 6 (1995) on the economic, social and
cultural rights of older persons; No. 12 (1999) on the right to adequate food (art. 11);
No. 13 (1999) on the right to education (art. 13); No. 14 (2000) on the right to the highest
attainable standard of health (art. 12); No. 15 (2002) on the right to water (arts. 11 and 12); and
No. 18 (2005) on the right to work (art. 6).
22
Social Security principles, Social Security Series No. 1, ILO, p. 29.
23
See 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).
24
See general comment No. 6. The Committee notes that some distinctions can be made on the
basis of age, for example entitlement to a pension. The key underlying principle is that any
distinction on prohibited grounds must be reasonable and justified in the circumstances.
25
See general comment No. 5.