A/HRC/39/50
50.
The Committee on Economic Social and Cultural Rights has identified older persons
as a disadvantaged group entitled to priority action in the housing sphere (E/2005/22E/C.12/2004/9). Excessive rents, inflated housing costs, the unavailability of public housing
and the lack of access to basic services can amount to discriminatory practices that require
State intervention so that everyone has equal access to housing.17
2.
Right to social protection
51.
While many older persons can rely on contributory and non-contributory pensions to
cover their basic subsistence needs, the majority of the world’s older persons have no
choice but to work in order to support themselves and their families.18 In many developing
countries, older persons often have to engage in unpaid informal work owing to the
unavailability or inadequacy of pensions. Having access to a secure income in later life,
either through work or old-age pensions, is crucial in order to access essential services,
such as health care.
52.
To prevent poverty and social exclusion in old age, States have a duty to adopt
social security measures (see A/HRC/14/31, para. 51). International human rights
instruments establish the right of everyone to social security, including social insurance.
Beyond ensuring the right to social security, the duty of States to implement social
protection systems also flows from the right to an adequate standard of living and a number
of related economic and social rights enshrined in several legally binding human rights
treaties.19
53.
Many States have privileged the establishment of contributory pension systems,
which have left the majority of the older population unprotected. Estimates indicate that
less than 20 per cent of older persons are covered by pensions and only about 25 per cent of
the labour force is currently contributing or accruing pension rights (see A/HRC/14/31,
para. 29). Moreover, contributory systems tend to exacerbate gender inequalities. There is a
significant coverage gap of older women and in countries with broader protection in
contributory systems, older women are more likely to receive a lower pension due to a
lower level of contributions.
54.
In its general comment No. 19 (2007) on the right to social security, the Committee
on Economic, Social and Cultural Rights explicitly notes that States cannot rely solely on
contributory systems for old-age pensions, as all individuals will not always be able to
secure sufficient means to maintain an adequate standard of living. Within the limits of
available resources, States must provide non-contributory old-age benefits to assist, at the
very least, all older persons who, when reaching retirement age, are not entitled to an oldage insurance-based pension.
55.
Non-contributory pensions are the only means by which universal pension coverage
can be achieved and gender imbalances redressed, although social pensions should not be
regarded as the sole response to old-age poverty. In addition to the obligation to establish
universal coverage, States should pay attention to vulnerable conditions and adjust means to
the true cost of living. That is particularly relevant for older persons, who may be unable to
secure adequate resources through work owing to unemployment, old age and disability. In
17
18
19
12
See Scott Leckie, “The human right to adequate housing”, in Asbjørn Eide, Catarina Krause, and
Allan Rosas, eds., Economic, Social, and Cultural Rights: a Textbook, 2nd ed. (Leiden, Brill
Publishers, 1995).
HelpAge International, “Working for life: making decent work and pensions a reality for older
people” (2009).
See articles 22 and 25 of the Universal Declaration of Human Rights; articles 9, 10 and 11 of the
International Covenant on Economic, Social and Cultural Rights; article 5 (e) (iv) of the International
Convention on the Elimination of Racial Discrimination; article 11 of the Convention on the
Elimination of All Forms of Discrimination against Women; article 26 of the Convention on the
Rights of the Child; and article 27 of the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families. Article 28 of the Convention on the Rights of
Persons with Disabilities also mentions the right to social protection.
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