A/HRC/28/35 affordability and physical accessibility by beneficiaries; and participation in and information about the provision of benefits (ibid., paras. 23–26). The right to social security should be enjoyed equally by men and women as outlined in article 2, paragraph 2 (on nondiscrimination), and article 3 (on the equal enjoyment of economic, social and cultural rights) of the International Covenant on Economic, Social and Cultural Rights. A. The obligation of progressive realization 16. International human rights treaties provide for the progressive realization of economic, social and cultural rights (art. 2, para. 1, of the International Covenant on Economic, Social and Cultural Rights). The obligation of progressive realization requires States parties not only to continuously improve conditions, but also prohibits any deliberate retrogressive measure. There is a strong presumption that retrogressive measures are prohibited under the Covenant,9 unless concerned States are able to prove that the measures have been introduced after most careful consideration of all alternatives, and that they are justified by reference to the totality of the rights stipulated in the Covenant.10 Everyone should be covered by social security, in particular individuals belonging to the most disadvantaged and marginalized groups.11 Each State party has to devise its own measures, in accordance with its specific circumstances, including its financial resources, population, geographic distribution of the population and natural resources. 17. Social protection floors demonstrate the need for progressive realization. While ensuring that basic income security allows a life in dignity, each country should determine the range of social security guarantees that will be encompassed in its national definition. 12 National social protection floors should move progressively towards universal and basic social protection for all, with a view to ensuring that no one falls below a certain income level and that everyone has access to essential public services, such as water and sanitation, health and education.13 18. Progressive realization in the implementation of national social protection floors should not be interpreted as allowing States to delay implementing national social protection floors. The implementation of higher standards of protection should be envisaged immediately and, as much as possible, within the limits of a country’s fiscal and administrative capacities. The objective of the social protection floor is to safeguard a dignified existence for all. B. Minimum essential levels of economic, social and cultural rights 19. According to the Covenant, State parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of all economic, social and cultural rights, including the right to social security, as a matter of priority. General comment No. 19 promotes the understanding that all States have a minimum core obligation to provide some form of basic social security. This is an immediate obligation. 9 10 11 12 13 6 General comment No. 19, para. 42. See also report of the United Nations High Commissioner for Human Rights on austerity measures and economic, social and cultural rights, E/2013/82, para. 15. Report of the Independent Expert on the question of human rights and extreme poverty, A/64/279. General comment No. 19, para. 23. ILO, “Social protection floor” (see note 6 above) and ILO Recommendation 202. Ibid.

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