A/HRC/28/35 other human rights instruments. Those obligations extend to documented and undocumented migrants, refugees and asylum seekers. 67 51. Refugees and asylum seekers require protective measures.68 Additionally, States parties to the Convention relating to the Status of Refugees, with few exceptions, must accord refugees the same treatment as nationals with regard to social security guarantees (art. 24). The Committee on Economic, Social and Cultural Rights, in its general comment No. 14 (2000) on the right to health, has noted that States should ensure equal access for all persons, including asylum seekers and undocumented migrants, to preventive, curative and palliative health services (para. 34). 52. At the domestic level, there have been landmark decisions extending social security guarantees to non-nationals. For example, the Constitutional Court of South Africa and the Federal Constitutional Court of Germany have emphasized that the principle of nondiscrimination applies to the enjoyment of the right to social security by migrants and asylum seekers.69 In interpreting the European Social Charter, the European Committee of Social Rights has consistently found national practices that exclude non-nationals — particularly through residency and qualifying period requirements — to violate the rights to social security and social assistance.70 53. ILO Recommendation 202 affirms that, subject to their existing international obligations, States should provide the basic social security guarantees to at least all residents and children (para. 6). The reference to “existing international obligations” is critical as States parties to human rights treaties such as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child or the Convention on the Rights of Persons with Disabilities are obliged to extend the social protection floor without distinction of any kind to everyone within the territory or under their jurisdiction. Any differentiation in treatment between legally recognized residents and others must comply with the principle of non-discrimination (e.g. art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights). Hence, if a State seeks to distinguish between legal residents and others in the enjoyment of the right to social security, the differentiation must be reasonable, proportional, objective and with a legitimate aim.71 V. Conclusions 54. Social protection floors have great potential in facilitating the enjoyment of several economic and social, including the rights to social security, health, food, 67 68 69 70 71 See, e.g., report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, on migrant workers’ right to health A/HRC/23/41. See, for example, Committee on Economic, Social and Cultural Rights, concluding observations on Germany, E/1999/22, paras. 316 and 327; on Sweden, E/1996/22, para. 137; and on Denmark, E/2000/22, paras. 99 and 105. See Khosa and Others v. Minister of Social Development and Mahlaule and another v. Minister of Social Development, 2004 (6) BCLR 569 (CC), and German Federal Constitutional Court, Press Office, “Provisions governing cash benefits provided for in the Asylum Seekers Benefits Act held unconstitutional”, press release No. 56/2012 of 18 July 2012. Conclusions on the application by Luxembourg of the European Social Charter, in particular article 13, paragraph 4. See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights (art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights). 15