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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