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
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