A/HRC/28/35 Thus, the fulfilment of minimum essential levels of economic, social and cultural rights is not to be left to progressive realization.14 20. For a State party to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources, it must demonstrate that every effort has been made to use all resources that are at its disposal to fulfil, as a matter of priority, those minimum obligations.15 21. Social protection floors could be seen as instrumental to satisfying that “minimum”. Conversely, they should never be considered a ceiling for social protection. According to ILO, the social protection floor is part of a two-dimensional strategy for the extension of social security, comprising of a basic set of social guarantees for all (horizontal dimension), and the gradual implementation of higher standards (vertical dimension).16 22. The minimum core content of the right to social security has been elaborated further. In general comment No. 19, the Committee on Economic, Social and Cultural Rights notes that the realization of the right to social security implies that States must ensure that benefits are adequate in amount and duration, and provided in a manner that complies with human rights principles such as respect of human dignity and non-discrimination.17 That requires that social protection programmes do not stigmatize beneficiaries, and avoid any demeaning treatment during all phases of a programme. 18 Those are also critical principles in the implementation of national social protection floors. In giving effect to ILO Recommendation 202, States should ensure the adequacy of benefits (para. 3 (c)). The benefit levels should be established by law and regularly reviewed (para. 3 (c) and para. 8 (c)). Additionally, the recommendation explicitly notes that in establishing social protection floors States should demonstrate “respect for the rights and dignity of people covered by the social security guarantees” (para. 3 (f)). 23. The minimum core content of rights, as contained in the Covenant and as further clarified by human rights bodies, can also assist in defining the level of national social protection floors.19 The social protection floor could be instrumental in achieving the 14 15 16 17 18 19 Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties’ obligations, para. 10. “The Committee is of the view that a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party. Thus, for example, a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant���. See Committee on Economic, Social and Cultural Rights, general comments No. 3, para. 12; No. 12 (1999) on the right to adequate food (art. 11), para. 28; and No. 14 (2000) on the right to the highest attainable state of health (art. 12), para. 18. See ILO, Social Security for All: Building social protection floors and comprehensive social security systems. The strategy of the International Labour Organization (Geneva, 2012), pp. 3–7 (available from www.ilo.org/wcmsp5/groups/public/---ed_protect/--soc_sec/documents/publication/wcms_secsoc_34188.pdf ) and Social Protection Floor Advisory Group, Social Protection Floor, p. xxiii. General comment No. 19, para. 22. See Magdalena Sepúlveda Carmona, “From Undeserving Poor to Rights Holder: A Human Rights Perspective on Social Protection Systems”, Development Pathways, Working Paper No. 1 (Banbury, United Kingdom, 2014). According to general comment No. 14 of the Committee on Economic, Social and Cultural Rights, for example, the right to the highest standard of physical and mental health (art. 12 of the International Covenant on Economic, Social and Cultural Rights) imposes on States a set of core obligation including “(a) to ensure the right of access to health facilities, goods and services on a nondiscriminatory basis, especially for vulnerable or marginalized groups; (b) to ensure access to the 7

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