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27. Other essential elements of the right to social security include coverage for the nine
principal branches of social security,10 adequate benefit levels, and that qualifying conditions for
the benefits are reasonable, proportionate, transparent and accessible to those who are entitled to
them. The Committee on Economic, Social and Cultural Rights has also identified the core
obligations of States, which include the obligation to provide a minimum essential level of
benefits to all individuals and families, and to ensure the right of access to social security
systems or schemes in a non-discriminatory manner, especially for disadvantaged and
marginalized individuals and groups. Over time, the right to social security must be realized fully
by States in accordance with their maximum available resources. The Committee particularly
notes the importance of providing minimum coverage for those working in the informal
economy as they cannot access formal schemes.
28. Research indicates that CTPs may also play an important role in supporting the realization
of other human rights, such as the right to education (e.g. article 11, International Covenant on
Economic, Social and Cultural Rights), the right to the highest attainable standard of health
(e.g. art. 12) and the right to work (art. 6).
A. Ensuring an adequate legal and institutional
framework for cash transfer programmes
29. The replication and expansion of CTPs has promoted the simultaneous development of a
wide range of institutional and legal frameworks for these programmes. In some cases CTPs are
institutionalized and incorporated into a national social protection strategy, generally through
domestic laws, including constitutional legislation. For example, in Brazil, the 1988 Constitution
recognized the right to social protection. In South Africa, the Social Assistance Act charges the
national Government with responsibility for social security grants.11
30. In most cases, however, CTPs are based only on presidential decrees, policy statements or
simply operational manuals and guidelines. Pilot schemes and programmes funded mostly
through external sources are usually based upon operational guidelines only.
10
These nine branches are: health care, sickness, old age, unemployment, employment injury,
family and child support, maternity, disability, and survivors and orphans.
11
Among the responses to the questionnaire, Chile, Brazil and South Africa reported the
existence of specific legal provisions regulating their national programmes and their
implementation. The Brazilian law (Law 10.836/2004) stipulates the right to a basic income in
order to obtain food, education and health care. The Chilean law (Law 19949 of 5 June 2004)
sets an indexation mechanism for the all social transfer operations in place. In South Africa, the
Social Assistance Act (Act 13 - 2004), charges the national government with responsibility for
social security grants. On the other hand, Kenya has a number of CTPs implemented in the
country with strong involvement of the Ministry of Gender, Children and Social Development
but is still lacking a solid legislative framework. Uganda is developing a pilot scheme based on
its Social Development Sector Strategic Investment Plan.