A human rights-based approach to social protection requires that social protection systems be anchored in a sound legal and institutional framework. This should ensure both the stability of the programme and the recognition of beneficiaries as rightholders. The need to establish a sound legal framework clearly defining rights, rights and obligations is foreseen in Recommendation No. 202 (paragraphs 3b and 7). The adoption of the 1988 Constitution marked an important milestone in the history of Brazil`s social security system by introducing a universal social security model based on civil rights. The Constitution establishes the responsibility of the State for the organization and legislation of social security. This should be done in accordance with the principles of universality of protection, adequacy of […] An appropriate legal framework defines claims in a clear and transparent manner and allows beneficiaries to submit claims and obtain redress in case of violation of their rights. It will also protect people from arbitrary or arbitrary choices, and decision-making will facilitate access to social protection and help ensure equal treatment. Summary: In 2000, twenty Latvian parliamentarians complained to the Latvian Constitutional Court that some employers in Latvia did not pay social security contributions into a fund for their employees and that this constituted a violation of the human right to social security under the Latvian Constitution and Articles 9 and 11 of the […] Convention No. 102 is a reference for the development of social security systems, as it embodies the internationally recognized definition of the principle of social security itself.
Convention No. 102 is unique both in its conceptual formulation of social security and in the guidelines it lays down … ILO Recommendation No. 202 (para. 3J, 3K, 11, 12), he also established that national principles of social protection should be financed from domestic resources, but that countries with insufficient economic and fiscal capacities can benefit from international support to ensure a basic level of social protection for all. In particular, the enshrinement of legislation, combined with a long-term national action plan for social protection, significantly increases social protection guarantees for all, especially for the most disadvantaged and vulnerable groups. It also helps to ensure that social protection measures are protected against political manipulation and that they are initiated at all times by state authorities, regardless of any change of government. An appropriate legal framework includes: South Africa`s social protection system is one of the most comprehensive in the region.
Its legal and effective coverage rates are higher than the regional average and comparable, if not higher, than those of other BRICS countries. The global nature of the system lies in the contributory and non-contributory guarantees in cash and material, which […] The United Nations Universal Declaration of Human Rights of 1948 affirms that social security is an inalienable human right. The realization of this human right is often seen simply as a matter of political will and administrative ability. In this sense, the progressive realization of the human right to social security can be considered […] Legal and institutional frameworks are also essential to define the roles and responsibilities of the different actors involved in the design, management, delivery and implementation of social protection systems. It is therefore essential for the proper functioning of the system and aims to avoid overlap, duplication, multiplication or gaps. A key element of an effective institutional framework is a functioning financial governance structure. On the basis of the principles of good governance enshrined in ILO Convention No. 102 (Art. 71), the ILO Committee of Experts on the Application of Conventions and Recommendations (2011, pp. 180-199) established the following principles: A clear institutional framework is essential to enable right holders to identify duty-holders with specific responsibilities. The institutional framework should facilitate the adequate provision of social security systems and should be managed in a sound, transparent and accountable manner, in particular to ensure long-term financial sustainability (ILO Conventions No. 102, Articles 71 and 72 and Recommendation No.
02, paragraphs 3j, k and n). The implementation of social protection policies and programmes (SPPP) without clear and specific legal and institutional frameworks presents a number of risks, not only in terms of continuity, but also in terms of the scope, legitimacy and protection of human rights standards (United Nations, 2009). The legal and institutional frameworks allow the sustainability of these policies […] Ten years after the global economic crisis, social protection and human rights measures have fallen victim to austerity measures in countries around the world. To avoid another “lost decade”, we must see human rights values not only as collateral damage of economic policy, but also as convincing and universal standards that respond to difficult budgetary dilemmas. Recalling previous recommendations, the Commission noted that austerity measures, combined with the continued contraction of the economy, employment and public finances, constitute a threat to the sustainability of the Greek national social security system, leading to the impoverishment of the population and thus jeopardising the application of all accepted parts of social security (minimum […] The Social Outlook for Asia and the Pacific presents new arguments and evidence of the critical and urgent need to increase investment in human resources, particularly social protection. Developing countries in Asia and the Pacific spend only about 3.7% of their GDP on social protection, compared to a global average of 11.2% […] In recent months, a debate has erupted in academic and philanthropic circles about the extent to which the human rights framework can help address growing economic inequality. Non-sayers can be found on different sides of the ideological spectrum. Some, such as Yale historian Samuel Moyn, argue that the human rights framework has nothing to do with […] An appropriate legal and institutional framework is of paramount importance for the realization of the right to social security. This document documents the reversal of pension privatization and the reforms that took place in Venezuela in the 1990s and 2000s.
