E/C.12/GC/19
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be able to benefit from that contribution or retrieve their contributions if they leave the
country.29 A migrant worker’s entitlement should also not be affected by a change in workplace.
37. Non-nationals should be able to access non-contributory schemes for income support,
affordable access to health care and family support. Any restrictions, including a qualification
period, must be proportionate and reasonable. All persons, irrespective of their nationality,
residency or immigration status, are entitled to primary and emergency medical care.
38. Refugees, stateless persons and asylum-seekers, and other disadvantaged and marginalized
individuals and groups, should enjoy equal treatment in access to non-contributory social
security schemes, including reasonable access to health care and family support, consistent with
international standards.30
7.
Internally displaced persons and internal migrants
39. Internally displaced persons should not suffer from any discrimination in the enjoyment of
their right to social security and States parties should take proactive measures to ensure equal
access to schemes, for example by waiving, where applicable, residence requirements and
making allowance for provision of benefits or other related services at the place of displacement.
Internal migrants should be able to access social security from their place of residence, and
residence registration systems should not restrict access to social security for individuals who
move to another district where they are not registered.
III. OBLIGATIONS OF STATES PARTIES
A. General legal obligations
40. While the Covenant provides for progressive realization and acknowledges the constraints
owing to the limits of available resources, the Covenant also imposes on States parties various
obligations which are of immediate effect. States parties have immediate obligations in relation
to the right to social security, such as the guarantee that the right will be exercised without
discrimination of any kind (article 2, paragraph 2), ensuring the equal rights of men and women
(article 3), and the obligation to take steps (article 2, paragraph 1) towards the full realization of
articles 11, paragraph 1, and 12. Such steps must be deliberate, concrete and targeted towards the
full realization of the right to social security.
41. The Committee acknowledges that the realization of the right to social security carries
significant financial implications for States parties, but notes that the fundamental importance of
social security for human dignity and the legal recognition of this right by States parties mean
that the right should be given appropriate priority in law and policy. States parties should
develop a national strategy for the full implementation of the right to social security, and should
29
See report of the Secretary-General on international migration and development
(A/60/871), para. 98.
30
See Convention relating to the Status of Refugees, articles 23 and 24 and Convention relating
to the Status of Stateless Persons, articles 23 and 24.