A/HRC/28/35
minimum core content of the rights to social security and health, and — through
guaranteeing basic security income — to other economic and social rights such as the rights
to food, housing and water.
C.
Principles of transparency, participation and accountability
24.
In its general comment No. 19, the Committee on Economic, Social and Cultural
Rights has recommended that transparency be integral to national social security
programmes and plans of action, and that the beneficiaries participate in the administration
of social protection programmes.20 Similarly, the Special Rapporteur on extreme poverty
and human rights noted that transparency must be a fundamental element of all aspects of
social protection programmes, including selection methods, eligibility criteria, benefits
level, and complaints and redress mechanisms. 21 Further, the Special Rapporteur has noted
that civil society should participate in the design, implementation and monitoring of social
protection programmes.22
25.
Under international human rights law, access to information is a right in itself and a
prerequisite to ensuring participation in public affairs and accountability.23 Consequently,
human rights bodies have noted that social security systems must ensure respect for the
right of individuals and organizations to seek, receive and impart information on all social
security entitlements in a clear and transparent manner.24
26.
ILO Recommendation 202 explicitly refers to transparent, accountable and sound
financial management and administration (para. 3 (j)) and denotes a number of important
elements in that regard. For example, when formulating and implementing national social
security strategies, States should raise awareness about the strategies and put in place
information programmes (para. 14 (f)). ILO Recommendation 202 also specifies that
national social security strategies should be formulated and implemented on the basis of
national consultations through effective social dialogue and participation (para. 13). Other
ILO instruments also stress the importance of participation. 25
20
21
22
23
24
25
8
minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to
everyone; (c) to ensure access to basic shelter, housing and sanitation, and an adequate supply of safe
and potable water; (d) to provide essential drugs, as from time to time defined under the WHO Action
Programme on Essential Drugs; (e) to ensure equitable distribution of all health facilities, goods and
services; (f) to adopt and implement a national public health strategy and plan of action, on the basis
of epidemiological evidence, addressing the health concerns of the whole population; the strategy and
plan of action shall be devised, and periodically reviewed, on the basis of a participatory and
transparent process; they shall include methods, such as right to health indicators and benchmarks,
by which progress can be closely monitored; the process by which the strategy and plan of action are
devised, as well as their content, shall give particular attention to all vulnerable or marginalized
groups.”
See general comment No.19, paras. 70 and 26.
The Special Rapporteur on extreme poverty and human rights has assessed the practical implications
of those principles in several reports, which clarify the technical requirements with which social
protection systems should comply. See, e.g., A/65/259, paras. 88–93.
See, e.g., reports of the Special Rapporteur on the question of human rights and extreme poverty,
A/HRC/11/9, pp. 7–9; A/64/279, pp. 14–18; A/HRC/14/31, pp. 11–19; and A/HRC/17/34, pp. 6–12.
See, for example, International Covenant on Civil and Political Rights, art. 19; African Charter on
Human and Peoples’ Rights, art. 9; American Convention on Human Rights, art. 13; and European
Convention for the Protection of Human Rights and Fundamental Freedoms, art. 10.
General comment No. 19, para. 26. See also A/HRC/11/9, pp. 8–17; and A/HRC/14/31 pp. 11–19.
Articles 71 and 72 of ILO Convention No. 102 (1952) on Minimum Standards of Social Security set
out similar requirements.
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