A/HRC/40/31 III. Key rights underpinning realization of right to work A. Right to social security 32. It is important to underscore the indissoluble link between the right to work and the right to social security as two sides of the same coin. As noted above, the right to work does not entail an absolute and unconditional right to obtain employment. It constitutes a recognition that, while States have a duty to adopt proactive employment policies, the provision of employment for each individual may go beyond their control. While unemployment and underemployment rates could be the result of a variety of factors and may not be directly attributable to the State, the failure to fulfil the right to work requires States’ prompt action in ensuring the right to social security. 33. Social security is widely recognized as an essential tool for reducing and alleviating poverty and promoting social inclusion. The right to social security is recognized in numerous human rights instruments, 29 including the Universal Declaration of Human Rights (art. 22) and the International Covenant on Economic, Social and Cultural Rights (arts. 9–10). 34. The Committee on Economic, Social and Cultural Rights has identified unemployment as a contingency that should be covered by social security. The Committee states that, in addition to promoting full, productive and freely chosen employment, States parties must endeavour to provide benefits to cover the loss or lack of earnings due to the inability to obtain or maintain suitable employment. 30 The ILO Social Protection Floors Recommendation, 2012 (No. 202), a landmark recommendation that reaffirms social security as a fundamental human right for all persons and provides guidance on building comprehensive social security systems, takes a similar approach. Nationally adopted social protection floors should comprise, at a minimum, among other elements, basic income security for persons of active age who are unable to earn sufficient income, in particular in cases of sickness, unemployment, maternity and disability (para. 5 (c)). 35. According to the Committee on Economic, Social and Cultural Rights, a social security system should include non-contributory schemes, such as universal approaches, since it is unlikely that every person can be adequately covered by a contributory or an insurance-based system.31 This is very relevant for young people as they might not have been in a position to contribute yet to a social security system. 36. The interdependence of the right to work and the right to social security has multiple dimensions. Social security guarantees a minimum income and therefore gives the possibility to its beneficiaries to look for productive and freely chosen decent work, supporting labour market policies geared towards promoting employment. Conversely, the correlation between decent job and freedom of choice of employment requires that entitlements to unemployment benefits and employment services cannot be made conditional on the acceptance of any type of work. Similarly, the imposition of compulsory work as a condition for receiving unemployment benefits would not qualify as a decent job. 37. The failure to ensure the full realization of the right to work for reasons beyond the State’s control – such as financial or economic crises – requires States to adopt appropriate measures to promote the creation of jobs and to take steps to extend social protection to those who are not able to obtain a decent job, including young people.32 29 30 31 32 Article 11 of the Convention on the Elimination of All forms of Discrimination against Women, article 26 of the Convention on the Rights of the Child, article 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 28 of the Convention on the Rights of Persons with Disabilities. Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007) on the right to social security, para. 16. See also ILO Convention No. 168, art. 10 (1). Committee on Economic, Social and Cultural Rights, general comment No. 19, para. 4 (b). See ILO Convention No. 168, arts. 7–8 and 10. 7