A/HRC/14/31
purposes of the International Labour Organization, to pursue “the extension of social
security measures to provide a basic income to all in need of such protection and
comprehensive medical care”. The main standards are established by Convention No. 102
concerning Minimum Standards of Social Security and Convention No. 128 concerning
Invalidity, Old-Age and Survivors’ Benefits. Convention No. 102 establishes worldwideagreed minimum standards for all nine branches of social security: medical care, sickness
benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit,
maternity benefit, invalidity benefit and survivors’ benefit.
B.
Obligations under the International Covenant on Economic, Social and
Cultural Rights
47.
In its general comment No. 19 on the right to social security, the Committee on
Economic, Social and Cultural Rights spells out the key features of this right and the
content of respective States’ obligations. It notes that States parties are obliged to
progressively ensure the right to social security to all individuals within their territories,
providing specific protection for disadvantaged and marginalized individuals and groups.29
48.
Considering the vulnerability of older persons, the Committee highlights the fact
that States are duty-bound to progressively ensure that everyone is covered by contributory
or non-contributory systems. To this end, States parties must develop a national strategy for
the full implementation of the right to social security in old age, and allocate adequate fiscal
and other resources at the national level.
49.
Under the Covenant, States are prohibited from deliberately taking any retrogressive
measures, including in regard to the right to social security, unless they can prove that they
have only been introduced after the most careful consideration of all other alternatives and
are duly justified by reference to the totality of the rights stipulated in the Covenant.30 If
necessary, developing countries should seek international cooperation and technical
assistance to realize progressively the right to social security.31
50.
The Committee explicitly notes that States cannot rely solely on contributory
systems for old-age pensions, as all individuals will not always be able to secure sufficient
means to maintain an adequate standard of living. States must have a non-contributory
pension system in place.32 Therefore, within the limits of available resources, States must
provide non-contributory old-age benefits to assist, at the very least, all older persons who,
when reaching the retirement age, are not entitled to an old-age insurance-based pension.
V.
Expanding social security in old age in the context of a
human rights framework
51.
Establishing or extending social security systems is more than a policy option or a
means for reducing poverty; it is first and foremost a duty of States stemming directly from
human rights norms and standards, in particular the right to social security and the right to
an adequate standard of living.
29
30
31
32
GE.10-12583
General comment No. 19, para. 31.
Ibid., para. 42.
Ibid., para. 52.
Ibid., para. 12 (c).
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