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allocate adequate fiscal and other resources at the national level. If necessary, they should avail
themselves of international cooperation and technical assistance in line with article 2,
paragraph 1, of the Covenant.
42. There is a strong presumption that retrogressive measures taken in relation to the right to
social security are prohibited under the Covenant. If any deliberately retrogressive measures are
taken, the State party has the burden of proving that they have been introduced after the most
careful consideration of all alternatives and that they are duly justified by reference to the totality
of the rights provided for in the Covenant, in the context of the full use of the maximum
available resources of the State party. The Committee will look carefully at whether: (a) there
was reasonable justification for the action; (b) alternatives were comprehensively examined;
(c) there was genuine participation of affected groups in examining the proposed measures and
alternatives; (d) the measures were directly or indirectly discriminatory; (e) the measures will
have a sustained impact on the realization of the right to social security, an unreasonable impact
on acquired social security rights or whether an individual or group is deprived of access to the
minimum essential level of social security; and (f) whether there was an independent review of
the measures at the national level.
B. Specific legal obligations
43. The right to social security, like any human right, imposes three types of obligations on
States parties: the obligation to respect, the obligation to protect and the obligation to fulfil.
1.
Obligation to respect
44. The obligation to respect requires that States parties refrain from interfering directly or
indirectly with the enjoyment of the right to social security. The obligation includes, inter alia,
refraining from engaging in any practice or activity that, for example, denies or limits equal
access to adequate social security; arbitrarily or unreasonably interferes with self-help or
customary or traditional arrangements for social security; arbitrarily or unreasonably interferes
with institutions that have been established by individuals or corporate bodies to provide social
security.
2.
Obligation to protect
45. The obligation to protect requires that State parties prevent third parties from interfering in
any way with the enjoyment of the right to social security. Third parties include individuals,
groups, corporations and other entities, as well as agents acting under their authority. The
obligation includes, inter alia, adopting the necessary and effective legislative and other
measures, for example, to restrain third parties from denying equal access to social security
schemes operated by them or by others and imposing unreasonable eligibility conditions;
arbitrarily or unreasonably interfering with self-help or customary or traditional arrangements for
social security that are consistent with the right to social security; and failing to pay legally
required contributions for employees or other beneficiaries into the social security system.
46. Where social security schemes, whether contributory or non-contributory, are operated or
controlled by third parties, States parties retain the responsibility of administering the national
social security system and ensuring that private actors do not compromise equal, adequate,