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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