A/HRC/37/32
of the International Covenant on Economic, Cultural and Social Rights, States are required
to ensure the right to social security, which includes both social insurance and assistance.36
40.
The politically determined trend currently witnessed in many States to reduce the
role of the State, including in response to the recent debt crisis, however, has led to a
reduction in social security, particularly assistance. States have both reduced the amount
received by recipients and/or reduced coverage by making eligibility rules tighter (see
A/HRC/17/34 and E/2013/82). Measures taken have also increased sanctions for noncompliance with specific conditions. In addition, politicians and the media increasingly
stigmatize those on benefits, thereby discouraging many from claiming their entitlements. 37
41.
In its general comment No. 19 (2007), the Committee on Economic, Social and
Cultural Rights stated that Governments should ensure that social security is financially
accessible, namely, affordable. This includes social insurance. However, low and irregular
wages, exacerbated by the “flexibilization” of labour markets worldwide, make it difficult
for many to contribute to social insurance schemes. 38 Women are particularly
disadvantaged by interrupted work histories due to traditionally assigned caregiver roles.39
42.
States should also ensure accessible and adequate social protection in accordance
with human rights law and the ILO Recommendation No. 202 concerning National Floors
of Social Protection. Inadequate and/or inaccessible social protection systems, including
those that can stigmatize recipients can “entrench socio-economic inequalities”.40 States
should thus continually assess the goods and services people need to able to move out of
poverty, and to monitor them accordingly.
B.
Informal economy
43.
Target 8.3 of the Sustainable Development Goals calls upon States to support decent
job creation. The informal economy, which is generally neither taxed nor monitored by any
form of government, however, is growing. Workers in the informal economy are typically
excluded from various legal protections. They often earn lower average wages, and are
rarely provided with social security coverage or any other form of social protection by their
employers or the Government, such as health care, pensions, education, skill development,
training or child care. They may also be outside the reach of health and safety standards,
and their work place may be unsafe, hazardous or unhealthy.
44.
Labour market discrimination in the formal job market often forces certain groups,
such as indigenous peoples, persons with disabilities, women, and particular ethnic groups,
into working in the informal economy. Given the lack of protection in the informal
economy and low wages, this often entrenches their poverty and marginalization even
further, and makes them more likely to be left behind.
45.
The informal sector could expand further owing to future employment
developments, such as non-standard forms of employment facilitated by increases in digital
technology, or a drop in the availability of more traditional jobs, especially for the lowskilled. While the rise in non-standard forms of employment can be seen as an opportunity,
unless properly regulated, it may jeopardize the 2030 Agenda for decent work.41
36
37
38
39
40
41
10
Ibid.
Frances Ryan, “On Benefits and Proud: The show where ‘deserving taxpayers’ stalk ’proud benefit
claimants’, NewStatesman, 15 October 2013.
Sandra Fredman, “Engendering socio-economic rights”, South African Journal of Human Rights, vol.
25, part 3 (2009), p. 412.
See ILO, “Gender equality at the heart of decent work”, International Labour Conference, 98th
session, 2009.
Sandra Fredman, Human Rights Transformed: Positive Rights and Positive Duties (Oxford University
Press, 2008), pp. 226 and 232.
ILO, Non-standard employment around the world: understanding challenges, shaping prospects,
Geneva, 2016.
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