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individuals or groups so as to prevent them from violating the right to social security; the failure
to remove promptly obstacles which the State party is under a duty to remove in order to permit
the immediate fulfilment of a right guaranteed by the Covenant; the failure to meet the core
obligations (see paragraph 59 above); the failure of a State party to take into account its
Covenant obligations when entering into bilateral or multilateral agreements with other States,
international organizations or multinational corporations.
V. IMPLEMENTATION AT THE NATIONAL LEVEL
66. In the implementation of their Covenant obligations, and in accordance with article 2,
paragraph 1, of the Covenant, States parties are required to utilize “all appropriate means,
including particularly the adoption of legislative measures.” Every State party has a margin of
discretion in assessing which measures are most suitable to meet its specific circumstances.43
The Covenant, however, clearly imposes a duty on each State party to take whatever steps are
necessary to ensure that everyone enjoys the right to social security, as soon as possible.
A. Legislation, strategies and policies
67. States parties are obliged to adopt all appropriate measures such as legislation, strategies,
policies and programmes to ensure that the specific obligations with regard to the right to social
security will be implemented. Existing legislation, strategies and policies should be reviewed to
ensure that they are compatible with obligations arising from the right to social security, and
should be repealed, amended or changed if inconsistent with Covenant requirements. Social
security systems should also regularly be monitored to ensure their sustainability.
68. The duty to take steps clearly imposes on States parties an obligation to adopt a national
strategy and plan of action to realize the right to social security, unless the State party can clearly
show that it has a comprehensive social security system in place and that it reviews it regularly to
ensure that it is consistent with the right to social security. The strategy and action plan should be
reasonably conceived in the circumstances; take into account the equal rights of men and women
and the rights of the most disadvantaged and marginalized groups; be based upon human rights
law and principles; cover all aspects of the right to social security; set targets or goals to be
achieved and the time-frame for their achievement, together with corresponding benchmarks and
indicators, against which they should be continuously monitored; and contain mechanisms for
obtaining financial and human resources. When formulating and implementing national
strategies on the right to social security, States parties should avail themselves, if necessary, of
the technical assistance and cooperation of the United Nations specialized agencies
(see Part VI below).
43
See statement by the Committee: An evaluation of the obligation to take steps to the
“maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1).