A/HRC/19/43
professions or participation in certain employment sectors, as well as fixed quotas on
foreign labour, also serve to curtail access to the formal labour market for non-citizens.42
G.
Right to social security
27.
Closely related to the right to work are the rights to social security and social
insurance, as provided in article 9 of the International Covenant on Economic, Social, and
Cultural Rights. As stated by the Committee on Economic, Social and Cultural Rights, the
right to social security encompasses the right to access and maintain benefits, whether in
cash or in kind, without discrimination in order to secure protection, inter alia, from lack of
work-related income caused by sickness, disability, maternity, employment injury,
unemployment, old age, or death of a family member; unaffordable access to health care;
and insufficient family support, particularly for children and adult dependents. 43
28.
The Committee has further recalled that article 2, paragraph 2, of the Covenant
prohibits discrimination on grounds of nationality. The Committee has noted that the
Covenant contains no express jurisdictional limitation and, therefore, where non-citizens,
including migrant workers, have contributed to a social security scheme, they should be
able to benefit from that contribution or retrieve their contributions if they leave the
country.44 Moreover, according to the Committee, non-citizens should be able to access
non-contributory schemes for income support, affordable access to health care and family
support. Refugees, stateless persons and asylum-seekers, and other disadvantaged and
marginalized individuals and groups, should enjoy equal treatment in access to noncontributory social security schemes, including reasonable access to health care and family
support, consistent with international standards. Indeed, all persons, irrespective of their
nationality, residency or immigration status, are entitled to primary and emergency medical
care. Any restrictions, including a qualification period, must be proportionate and
reasonable.45
29.
However, it should be noted that social security is an area in which States have used
bilateral agreements to define the treatment of non-citizens. Where arbitrary deprivation of
nationality renders a person stateless, they will likely be unable to benefit from such
bilateral arrangements.
H.
Right to health
30.
Article 12 of the International Covenant on Economic, Social and Cultural Rights
provides that everyone has the right to the enjoyment of the highest attainable standard of
physical and mental health. The Committee on Economic, Social and Cultural Rights has
stated that everyone, regardless of nationality, statelessness or legal status, should have
access to existing health-care opportunities.46 Indeed, article 2, paragraph 2, the Covenant
prohibits discrimination of any kind as to race, colour, sex, language, religion, political or
42
43
44
45
46
Laura van Waas, “The situation of stateless persons in the Middle East and North Africa” (Office of
the United Nations High Commissioner for Refugees (UNHCR), 2010), p. 24; Marjorie Farquharson,
“Statelessness in Central Asia” (UNHCR, 2011), p. 65.
General comment No. 19 (2008) on the right to social security, para. 2.
Ibid., para. 36
Ibid., paras. 37 and 38.
General comment No. 14 (2000) on the right to the highest attainable standard of health, para. 12 (b).
See also Committee on the Elimination of Racial Discrimination, general recommendation No. 30,
para. 36.
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