Article 22: Right to social security
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Definitions of the right to social security
The right to social security is enshrined in Article 22 of the Universal Declaration of Human Rights.
The right is enshrined in Article 9 of the International Covenant on Economic, Social and Cultural Rights:
The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.
The Convention on the Rights of the Child contains this right in Article 26:
1. States Parties shall
recognize for every child the right to benefit from social security, including
social insurance, and shall take the necessary measures to achieve the full
realization of this right in accordance with their national law.
2. The benefits should, where appropriate, be granted, taking into account the
resources and the circumstances of the child and persons having responsibility
for the maintenance of the child, as well as any other consideration relevant
to an application for benefits made by or on behalf of the child.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families contains this right in Articles 27 and 61:
Article 27
1. With respect to social security, migrant workers and members of their
families shall enjoy in the State of employment the same treatment granted to
nationals in so far as they fulfil the requirements provided for by the
applicable legislation of that State and the applicable bilateral and
multilateral treaties. The competent authorities of the State of origin and the
State of employment can at any time establish the necessary arrangements to
determine the modalities of application of this norm.
2. Where the applicable legislation does not allow migrant workers and members
of their families a benefit, the States concerned shall examine the possibility
of reimbursing interested persons the amount of contributions made by them with
respect to that benefit on the basis of the treatment granted to nationals who
are in similar circumstances.
Article 61
1. Project-tied workers, as defined in article 2, paragraph 2 (of the present
Convention, and members of their families shall be entitled to the rights
provided for in part IV except the provisions of article 43, paragraphs I (b)
and (c), article 43, paragraph I (d), as it pertains to social housing schemes,
article 45, paragraph I (b), and articles 52 to 55.
2. If a project-tied worker claims that the terms of his or her work contract
have been violated by his or her employer, he or she shall have the right to
address his or her case to the competent authorities of the State which has
jurisdiction over that employer, on terms provided for in article 18, paragraph
1, of the present Convention.
3. Subject to bilateral or multilateral agreements in force for them, the
States Parties concerned shall endeavour to enable project-tied workers to
remain adequately protected by the social security systems of their States of
origin or habitual residence during their engagement in the project. States
Parties concerned shall take appropriate measures with the aim of avoiding any
denial of rights or duplication of payments in this respect.
4. Without prejudice to the provisions of article 47 of the present Convention
and to relevant bilateral or multilateral agreements, States Parties concerned
shall permit payment of the earnings of project-tied workers in their State of
origin or habitual residence.
The right is also contained in Articles 11 and 14 of the Convention on the Elimination of All Forms of Discrimination against Women:
Article 11
1. States Parties shall take all appropriate measures to eliminate
discrimination against women in the field of employment in order to ensure, on
a basis of equality of men and women, the same rights, in particular:
(a) The right to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including the application
of the same criteria for selection in matters of employment;
(c) The right to free choice of profession and employment, the right to
promotion, job security and all benefits and conditions of service and the
right to receive vocational training and retraining, including apprenticeships,
advanced vocational training and recurrent training;
(d) The right to equal remuneration, including benefits, and to equal treatment
in respect of work of equal value, as well as equality of treatment in the
evaluation of the quality of work;
(e) The right to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity to work, as
well as the right to paid leave;
(f) The right to protection of health and to safety in working conditions,
including the safeguarding of the function of reproduction.
2. In order to prevent discrimination against women on the grounds of marriage
or maternity and to ensure their effective right to work, States Parties shall
take appropriate measures:
(a) To prohibit, subject to the imposition of sanctions, dismissal on the
grounds of pregnancy or of maternity leave and discrimination in dismissals on
the basis of marital status;
(b) To introduce maternity leave with pay or with comparable social benefits
without loss of former employment, seniority or social allowances;
(c) To encourage the provision of the necessary supporting social services to
enable parents to combine family obligations with work responsibilities and
participation in public life, in particular through promoting the establishment
and development of a network of child- care facilities;
(d) To provide special protection to women during pregnancy in types of work
proved to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be
reviewed periodically in the light of scientific and technological knowledge
and shall be revised, repealed or extended as necessary.
Article 14
1. States Parties shall take into account the particular problems faced by
rural women and the significant roles which rural women play in the economic
survival of their families, including their work in the non-monetized sectors
of the economy, and shall take all appropriate measures to ensure the application
of the provisions of the present Convention to women in rural areas.
2. States Parties shall take all appropriate measures to eliminate
discrimination against women in rural areas in order to ensure, on a basis of
equality of men and women, that they participate in and benefit from rural
development and, in particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementation of development
planning at all levels;
(b) To have access to adequate health care facilities, including information,
counselling and services in family planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and non-formal,
including that relating to functional literacy, as well as, inter alia, the
benefit of all community and extension services, in order to increase their
technical proficiency;
(e) To organize self-help groups and co-operatives in order to obtain equal
access to economic opportunities through employment or self employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and agrarian reform as well
as in land resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing,
sanitation, electricity and water supply, transport and communications.