5.2 Right to Social Security
Article 9
The States Parties to the present Covenant recognize the right of everyone to social security, including social
insurance.
5.2.1 Understanding the Right to Social Security
The right to social security is included in Article 9 of ICESCR. This right represents “an
important legal guarantee aimed at ensuring the right of everyone to live a life in human
dignity in situations of social distress such as old age, disability, unemployment, employment
injury, illness, childbirth, death, or other unforeseen circumstances.”145 The right to social
security is also contained in various other international and regional instruments.146
Concept & Content
As stated by the Committee on Economic, Social and Cultural Rights (CESCR), social
security plays an important role in reducing and alleviating poverty, preventing social
exclusion, and promoting social inclusion.147 The right to social security includes the right to
access and maintain benefits without discrimination, to secure protection from “(a) lack of
work-related income caused by sickness, disability, maternity, employment injury,
unemployment, old age, or death of a family member; (b) unaffordable access to health care;
(c) insufficient family support, particularly for children and adult dependents.”148 Social
security may be delivered through various measures, including contributory or insurancebased schemes such as social insurance, non-contributory schemes such as universal
schemes, or other delivery mechanisms.149
While Article 9 does not specify the type or level of protection to be guaranteed, the CESCR
has found that social security benefits must be “adequate in amount and duration in order
that everyone may realize his or her rights to family protection and assistance, an adequate
standard of living and adequate access to health care.”150 Further, all schemes must be
available and in place to ensure that benefits are provided for the relevant social risks and
contingencies.151 With respect to the scope of the right, the CESCR has stated that social
security should cover health care, sickness, old age, unemployment, employment injury,
family and child support, maternity, disability, and survivors and orphans.152 Finally, social
security measures should be accessible. The CESCR has defined accessibility as coverage,
eligibility, affordability, participation and information, physical accessibility.153 This definition
is broken down into its five components below:
Coverage
Eligibility
Affordability
Participation and information
“All persons should be covered by social security systems
[…]”.154
“Qualifying conditions for benefits must be reasonable,
proportionate and transparent.”155
“If a social security system requires contributions, those
contributions should be stipulated in advance.”156
“Beneficiaries of social security schemes must be able to
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