Physical access
participate in the administration of the social security
system.”157
“Benefits should be provided in a timely manner and
beneficiaries should have physical access to the social
security services in order to access benefits and
information, and make contributions where relevant.”158
Concerning the progressive realization of the right to social security, the Reporting
Guidelines point to a number of factors that may be taken into consideration, including “the
comprehensiveness of the coverage provided, both in the aggregate and with respect to
different groups within the society, the nature and level of benefits, and the method of
financing the schemes.”159 The Reporting Guidelines also attach importance to whether
“there any groups which do not enjoy the right to social security at all or which do so to a
significantly lesser degree than the majority of the population”, as well as to the effect of
measures for implementation on the situation of the vulnerable and disadvantaged groups, in
particular women.160
The CESCR has affirmed that social security and income support rights are particularly
important for persons with disabilities. It has found that these rights should “reflect the
special needs for assistance and other expenses often associated with disability”, as well
“cover individuals (who are overwhelmingly female) who undertake the care of a person
with disabilities.”161 With respect to older persons, the CESCR has concluded that “States
parties must take appropriate measures to establish general regimes of compulsory old-age
insurance, starting at a particular age, to be prescribed by national law.”162 Such an insurance
scheme should be based on a flexible retirement age, depending on the occupations
performed and the working ability of elderly persons;163 should provide benefits to survivors
and orphans upon the death of the wage earner who was in receipt of social security or
pension benefits;164 and should provide “non-contributory old-age benefits and other
assistance for all older persons, who, when reaching the age prescribed in national legislation,
have not completed a qualifying period of contribution and are not entitled to an old-age
pension or other social security benefit or assistance and have no other source of income.”165
Notably, the CESCR also states that internally displaced persons and internal migrants
should not suffer from any discrimination in regard to social security.166
Obligations of State Parties
Under Article 9, State parties are bound to respect the following core obligations:
(a) To ensure access to a social security scheme that provides a minimum essential level of
benefits to all individuals and families that will enable them to acquire at least essential health
care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of
education. If a State party cannot provide this minimum level for all risks and contingencies
within its maximum available resources, the Committee recommends that the State party,
after a wide process of consultation, select a core group of social risks and contingencies;
(b) To ensure the right of access to social security systems or schemes on a nondiscriminatory basis, especially for disadvantaged and marginalized individuals and groups;
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