A/HRC/14/31 52. In order to fully contribute to realizing human rights, social pensions and any other relevant social policy should be designed and implemented in ways that ensure their compliance with core human rights principles and obligations. The following section examines the key human rights components for a social pension scheme that complies with human rights law. A. Recognizing the right to social security, including the right to noncontributory pensions 53. As a necessary part of a rights-based approach to social pensions, the right to social security must be included in national legal frameworks. The most solid experiences of noncontributory pensions are those grounded in legal instruments that ensure the permanence of these initiatives and give rights-holders the possibility to claim for the protection of their right. Spain, for example, reported that the same legal instrument regulates contributory and non-contributory systems.33 Brazil has the right to non-contributory pensions enshrined in the Constitution and a law also indicates that the value of pensions must be defined in accordance to a national index for payments.34 54. Despite some exceptions, States’ over-reliance on contributory systems has often led to situations where non-contributory schemes lack a sufficient legislative basis. In several countries, they are implemented through weak institutional and legal arrangements such as presidential decrees or simple operational manuals. 55. The lack of a strong legal and institutional framework and a long-term strategy can seriously threaten the enjoyment of human rights by the programme’s beneficiaries. A wellestablished legal framework is essential to protect the programme against political manipulation, and guaranteeing the long-term involvement of State authorities in all stages of the programme. It also allows rights-holders to know what their entitlements are, and the criteria for inclusion in and exclusion from the programme. 56. In order for legal and institutional frameworks to comply with core human rights principles, they should spell out eligibility requirements, provide for mechanisms to ensure transparency and access to information about programmes, define the various roles and responsibilities of all those involved in implementing the programme (e.g. Governments at the national and local levels, international organizations and civil society organizations), and establish accessible complaints mechanisms. Finally, they should set the ground for participation channels for beneficiaries. 57. Legal frameworks are of particular importance when States decide to implement small-scale initiatives and pilot projects. States have a duty to ensure that when pilot projects are discontinued, for example, the beneficiaries are protected from negative changes that could lead to income insecurity. B. Ensuring equitable access to social security and paying special attention to vulnerable and disadvantaged groups 58. Once the decision to establish a social pension is taken, States must ensure equal access to it. The principles of equality and non-discrimination require States progressively 33 34 12 General Social Security Act No. 1/1994. Brazilian Constitution, art. 203, p. v. GE.10-12583