Chapter 2 | Page 72 of others.131 The article also details the right of trade unions to establish national federations or confederations and to form or join international trade union confederations. Trade unions should also be given freedom to function freely, within the limits set by law, for the protection of the interests of national security or public order or for the protection of the rights and freedoms of others. The State is also obligated to ensure the right to strike, within the prescription of the law. The obligation to recognise the right of everyone to social security, including social insurance, under Article 9, encompasses the right to ‘access and maintain benefits’ in cash or kind for protection from negative welfare consequences arising out of conditions such as sickness, disability, maternity, employment injury, unemployment, old age or death of a family member, unaffordable access to health care, and insufficient family support, particularly for children and adult dependents.132 These benefits should be accessible on either a contributory or non-contributory basis depending on the ability of the individual.133 The obligation does not require States to provide social security to all; rather, privately-run schemes and self-help measures can also be incorporated into a national policy.134 However, as the Committee emphasises, social security is inextricably and fundamentally linked to human dignity, therefore its legal recognition should be given priority in law and policy, and a national strategy for the implementation of social security and allocation of adequate fiscal and other resources are fundamental.135 The obligation to recognise the widest possible social protection to be accorded to the family, especially in its formation and while it is responsible for child care, under Article 10, covers special protection for mothers before and after childbirth and paid leave or leave with social security benefits for working 131 ICESCR, above n 33, art 9. 132 CESCR General Comment No 19, E/C.12/GC/19, above n 22, [2]. 133 Ibid., [4]. The Committee also emphasises that through its redistributive character, social security contributes significantly to the reduction and alleviation of poverty, prevent social exclusion and promote social inclusion. 134 Ibid., [5]. 135 Ibid., [41].

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