A/HRC/17/34/Add.1
Committee on Economic, Social and Cultural Rights, this report uses the terms “social
protection” and “social security” interchangeably.65
60.
The independent expert recalls that the duty to implement social protection flows
directly from a number of human rights instruments, in particular the right to social security
and the right to an adequate standard of living, enshrined in the Universal Declaration of
Human Rights and in treaties recognized by Viet Nam such as the International Covenant
on Economic, Social and Cultural Rights (arts. 9, 10 and 11), the Convention on the
Elimination of All Forms of Discrimination against Women (art. 11) and the Convention on
the Rights of the Child (art. 26). As observed above, various provisions of the Vietnamese
Constitution also provide a legal foundation for social protection policies and programmes
in the country.66
61.
From this standpoint, investing in the protection of people living in extreme poverty
is neither a matter of choice, nor a gesture of compassion, but a human rights obligation.
62.
When the independent expert’s visit took place, the Government was concluding the
new Social Security Strategy 2011-2020, which provides an overview of major plans for
the promotion of social protection initiatives in Viet Nam. The Strategy includes measures
aiming at the promotion of employment, universalization of social insurance and expansion
of social assistance.
63.
While successful implementation is yet to occur, the independent expert recognizes
that the Strategy provides a useful portrait of the current situation as well as a
comprehensive plan of action to tackle many important challenges. She particularly values
the fact that the document was developed on the basis of the explicit recognition of people's
right to social security and is guided by the principle of universality.67 The text also affirms
the need to prioritize poor and vulnerable groups “to ensure the minimum living standard in
case of risks that cause temporary or permanent loss or reduction of income”.68
64.
The Social Security Strategy includes several policies aimed at, inter alia, (a)
creating employment, generating income and participation in the labour market; (b)
expanding social insurance memberships, (c) social assistance and poverty reduction, and
(c) social security programmes.
65.
The intention of this report is not to examine in detail each of these policies but
rather to provide a human rights assessment of some of them, in particular those closely
related to the situation of those living in extreme poverty. In this regard, special attention
will be paid to social assistance, subsidized access to health insurance, education subsidies,
and to some poverty reduction programmes included in the National Targeted Program for
Poverty Reduction.
66.
A detailed assessment of traditional forms of social insurance, such as contributory
pensions, is outside the scope of this report. The recent efforts of the Government to expand
coverage of social insurance are welcome; however, the Government should undertake
further efforts to ensure that those working in informal markets, in rural labour and in small
enterprises are able to enjoy protection from insurance schemes on an equal basis with
other workers. The coverage of compulsory social insurance schemes has increased in
recent years, but still remains very limited (according to MOLISA, accounting for only 18
per cent of the total labour force). This underlines the central importance of the expansion
of non-contributory schemes described below.
65
66
67
68
16
Committee on Economic, Social and Cultural Rights, general comment No. 19.
Constitution of Viet Nam, arts. 56, 59, 60, 65 and 67.
MOLISA, “Social Security Strategy: Period 2011-2020” (2010), p. 2.
Idem.