A/HRC/28/35
46.
The Committee on the Elimination of Discrimination against Women has noted that
States parties must take special measures to ensure that women with disabilities have equal
access to health services and social security. 61 Human rights bodies have further called on
States to undertake studies and research in order to identify the situation and specific
requirements in particular of women with disabilities, with a view to elaborating and
adopting social protection strategies to promote their autonomy and full participation in
society, and to combat violence against women. 62
47.
National social protection floors aiming at the inclusion and participation of persons
with disabilities could play a critical role in enabling States to comply with their obligations
regarding the rights of persons with disabilities. In 87 countries, non-contributory benefits
for persons with disabilities enable them to have a minimum level of income security.63
D.
Informal workers
48.
People working in the informal sector of the economy often lack social protection
and, as noted above, that affects women in particular. Traditionally, States have privileged
the establishment of contributory systems with the objective of achieving universal
coverage of the formal sector.
49.
Human rights treaty bodies have called upon States parties to take effective
measures to ensure that informal workers are able to exercise their labour rights and their
right to social security without discrimination. 64 Obligations to extend social security to
informal workers are in line with the objective of ILO Recommendation 202. Social
security systems and their components should be universal, based on social solidarity,
aiming at social inclusion, including persons in the informal economy. 65
E.
Non-nationals
50.
Under international human rights law, States should progressively ensure all
economic, social and cultural rights including the right to social security, for all individuals
within their territories, providing specific protection for disadvantaged and vulnerable
individuals and groups.66 The International Convention on the Protection and Rights of All
Migrant Workers and Members of Their Families regulates the rights of migrant workers
and members of their families including the rights to social security (art. 27), health
(art. 28) and education (art. 30). Migrant workers also enjoy all the rights contained under
61
62
63
64
65
66
14
Committee on the Elimination of Discrimination against Women, general recommendation No. 18
(1991) on disabled women.
See, for example, Committee on the Rights of Persons with Disabilities, concluding observations on
Tunisia, CRPD/C/TUN/CO/1, and Spain, CRPD/C/ESP/CO/1.
ILO, World Social Protection Report, p. xxiii.
See, e.g., Committee on the Economic, Social and Cultural Rights, concluding observations on
Paraguay, E/C.12/PRY/CO/3; Committee on the Elimination of Discrimination against Women,
concluding observations on Bosnia and Herzegovina, CEDAW/C/BIH/CO/4-5, and on Djibouti,
CEDAW/C/DJI/CO/1-3. The Guiding Principles on Extreme Poverty and Human Rights explicitly
call on States to “take specific measures to ensure that persons living in poverty, in particular women
and those working in the informal economy, have access to social security benefits, including social
pensions, which are sufficient to ensure an adequate standard of living and access to health care for
them and their families” (principle 86 (c)).
See ILO, Social Security for All, p. 4.
General comment No. 19, para. 31.
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