E/C.12/GC/19
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assisting the implementation by States parties of the Covenant and the fulfilment of their
reporting obligations, this general comment focuses on the normative content of the right to
social security (chapter II), on States parties' obligations (chapter III), on violations (chapter IV)
and on implementation at the national level (chapter V), while the obligations of actors other
than States parties are addressed in chapter VI.
II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY
9.
The right to social security includes the right not to be subject to arbitrary and
unreasonable restrictions of existing social security coverage, whether obtained publicly or
privately, as well as the right to equal enjoyment of adequate protection from social risks and
contingencies.
A. Elements of the right to social security
10. While the elements of the right to social security may vary according to different
conditions, a number of essential factors apply in all circumstances as set out below. In
interpreting these aspects, it should be borne in mind that social security should be treated as a
social good, and not primarily as a mere instrument of economic or financial policy.
1.
Availability - social security system
11. The right to social security requires, for its implementation, that a system, whether
composed of a single scheme or variety of schemes, is available and in place to ensure that
benefits are provided for the relevant social risks and contingencies. The system should be
established under domestic law, and public authorities must take responsibility for the effective
administration or supervision of the system. The schemes should also be sustainable, including
those concerning provision of pensions, in order to ensure that the right can be realized for
present and future generations.
2.
Social risks and contingencies
12. The social security system should provide for the coverage of the following nine principal
branches of social security.8
to take steps to the “maximum of available resources” under an optional protocol to the
Covenant (E/C.12/2007/1).
8
See in particular ILO Convention No. 102 (1952) on Social Security (Minimum Standards),
which was confirmed by the ILO Governing Body in 2002 as an instrument corresponding to
contemporary needs and circumstances. These categories were also affirmed by States and trade
union and employer representatives in the ILO Maritime Labour Convention (2006), regulation
4.5, standard A4.5. The Committee’s revised general guidelines for State reporting of 1991
follow this approach. See also Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), arts. 11, 12 and 13.