E/C.12/GC/19
page 5
(a)
Health care
13. States parties have an obligation to guarantee that health systems are established to provide
adequate access to health services for all.9 In cases in which the health system foresees private or
mixed plans, such plans should be affordable, in conformity with the essential elements
enunciated in the present general comment.10 The Committee notes the particular importance of
the right to social security in the context of endemic diseases such as HIV/AIDS, tuberculosis
and malaria, and the need to provide access to preventive and curative measures.
(b)
Sickness
14. Cash benefits should be provided to those incapable of working due to ill-health to cover
periods of loss of earnings. Persons suffering from long periods of sickness should qualify for
disability benefits.
(c)
Old age
15. States parties should take appropriate measures to establish social security schemes that
provide benefits to older persons, starting at a specific age, to be prescribed by national law.11
The Committee stresses that States parties should establish a retirement age that is appropriate to
national circumstances which take account of, inter alia, the nature of the occupation, in
particular work in hazardous occupations and the working ability of older persons. States parties
should, within the limits of available resources, provide non-contributory old-age benefits, social
services and other assistance for all older persons who, when reaching the retirement age
prescribed in national legislation, have not completed a qualifying period of contributions or are
not otherwise entitled to an old-age insurance-based pension or other social security benefit or
assistance, and have no other source of income.
(d)
Unemployment
16. In addition to promoting full, productive and freely chosen employment, States parties
must endeavor to provide benefits to cover the loss or lack of earnings due to the inability to
obtain or maintain suitable employment. In the case of loss of employment, benefits should be
paid for an adequate period of time and at the expiry of the period, the social security system
should ensure adequate protection of the unemployed worker, for example through social
assistance. The social security system should also cover other workers, including part-time
workers, casual workers, seasonal workers, and the self-employed, and those working in atypical
9
General comment No. 14 (2000) on the right to the highest attainable standard of health
(art. 12). Coverage must include any morbid condition, whatever its cause, and pregnancy and
confinement and their consequences, general and practical medical care, together with
hospitalization.
10
11
See above, para. 4 and see below paras. 23-27.
See general comment No. 6 (1995) on the economic, social and cultural rights of older
persons.