Questions and Answers on the Right to Social Security
Multiple overlapping crises are threatening human rights worldwide. The Covid-19 pandemic has claimed millions of lives, caused an unprecedented loss of jobs and livelihoods, and disrupted the education of a generation of children. The Russian invasion of
Decades of rising inequality has undermined the political structures and social solidarity needed to properly address these crises. Inequality has soared in the wake of deregulation and market liberalization programs pursued by many countries in recent decades. While income and wealth inequality between nations has, on average, decreased, these inequalities have become far more pronounced within nations. By 2021, just 10 percent of the world's population captured the majority of all global income, according to the
The
Among other policies, such as for quality public services and financial regulation, social security and social protection provide essential tools to address and prevent these compounding crises.
Social security is a human right, dating back to the 1948 Universal Declaration, and enshrined in a range of treaties and constitutions. It is closely linked with the right to an adequate standard of living and other economic, social and cultural rights.
This question-and-answer document by Development Pathways and
1. What are "social security" and "social protection"?
Both "social protection" and "social security" describe a range of policies and programs premised on the principle that everyone should enjoy all their economic, social and cultural rights at all stages of their lives, no matter the circumstances into which they are born or the crises or challenges they may face.
While the term "social protection" has become popular within parts of the
The term "social security," on the other hand, is clearly described in international human rights law as a set of individual entitlements that protect against income insecurity throughout people's lives, including during common life events, such as old age, unemployment, sickness, or birthing and caring for dependents.
In some countries, such as
1. Are "social security" and "social protection" human rights?
Social security is a well-established human right in international law. Article 22 of the Universal Declaration of Human Rights of 1948, for example, spells out the essential elements of the right:
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.
Since then, the right to social security has been widely enshrined in countries' national constitutions and reinforced through a range of other international conventions and frameworks. The committee charged with interpreting the International Covenant on Economic, Social and Cultural Rights (ICESCR), for example, defines this right to encompass at least nine areas of support:
States that are parties to the ICESCR assume the obligations to respect, protect, and fulfill the right to social security along each of these areas of support, including by making these programs available, accessible, acceptable, and adaptable. This also requires providing benefits, whether in cash or in kind, that are adequate in both amount and duration.
As with all other human rights, governments need also to realize the right to social security without discrimination on the grounds of gender, age, disability, race, nationality or immigration, or other status. This means that countries should be careful to ensure that the design and operation of social security systems do not directly or indirectly discriminate against anyone, such as through language or technology barriers that can cause de facto exclusion or negative treatment. As with other human rights, the right to social security should be enshrined in domestic law, and give victims of violations an effective remedy.
More recent international human rights law instruments recognize a right to social protection, in addition to and as distinct from, the right to social security. For example, a recent protocol to the African Charter on Human and Peoples' Rights enshrines both rights separately. According to the Protocol, social security protects against income insecurity caused by events such as unemployment, sickness, or maternity. And social protection encompasses all forms of social security while also including strategies and programs that help ensure a minimum standard of livelihood, health services, and care.
In this sense, social protection corresponds to a set of policies and programs that governments need to put in place to fulfill their obligations to realize a range of economic, social and cultural rights under all circumstances, such as the rights to education, health, and an adequate standard of living, which includes the rights to food, housing, water, and sanitation, among others.
Similarly, the concept of the "social protection floor," developed by the
1. access to a nationally defined set of goods and services, constituting essential health care, including maternity care, that meets the criteria of availability, accessibility, acceptability, and quality;
2. basic income security for children, at least at a nationally defined minimum level, providing access to nutrition, education, care, and any other necessary goods and services;
3. basic income security during people's working life, at least at a nationally defined minimum level, for people who are unable to earn sufficient income, in particular in cases of sickness, unemployment, maternity, and disability; and
4. basic income security, at least at a nationally defined minimum level, for older people.
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1948 - Universal Declaration of Human Rights
1951 - Charter of the
1952 - ILO Convention Concerning Minimum Standards of
1961 - European Social Charter
1976 - International Covenant on Economic, Social and Cultural Rights
1981 -
1989 -
1990 -
1999 - Additional Protocol to the
2008 -
2012 - ILO Social Protection Floors Recommendation, No. 202
2022 - Protocol to the African Charter on Human and Peoples' Rights on the Rights of Citizens to Social Protection and
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1. What are governments' main approaches to realizing the right to social security?
Broadly speaking, two overarching policy approaches shape the way that governments design social security systems and programs:
-- Poverty-Targeted Programs, which are means-tested, and attempt to target people based on their income.
-- Universal Programs, which do not limit eligibility based on peoples' resources, but rather emphasize universal eligibility for everyone within specific groups that encompass stages of life or statuses in which people's economic, social and cultural rights are particularly at risk (e.g., children, people with disabilities, unemployed adults, caretakers, older people, etc.).
The universal approach to social security is rooted in the notion that these protections should be provided to everyone as a right, irrespective of their income, while also recognizing that people's economic, social, and cultural rights are most at risk during common life events. A person's eligibility for a universal social security program is based on whether they are a member of one of these groups and not their income or wealth.
In contrast, social security programs that rely on poverty targeting prioritize means-tested programs that determine eligibility based on income or assets.
Well-designed universal social security systems combine different programs in a coherent way to create a multitiered system in which everyone has access to a set of entitlements, ensuring that they have a decent standard of living throughout their lives. This kind of multitiered system, described in the figure below, should include a tax-financed foundational tier that is offered to everyone. Countries with more resources and more formal institutions, however, should supplement this basic tier with a second tier of social security benefits for those who contribute to state-managed social insurance systems. Countries with significant resources can even have a third tier that consists of private, voluntary programs into which people can contribute to receive a higher level of benefit (e.g., 401(k) investments), which are regulated by the state.
Strengthening the tax-financed foundational tier while simultaneously encouraging the growth of social insurance programs is essential for guaranteeing the right to social security. For example, in many countries, people in formal employment who contribute into social insurance funds are then able to access income support, usually reflecting their previous earnings, when facing disability, old age, sickness, caregiving responsibilities, or unemployment. However, people who have not earned sufficient entitlements in a contributory system are still able to have secure incomes, possibly funded by progressive taxes and often on an unconditional basis, provided they fulfill eligibility criteria, such as accessing an old-age pension.
While poverty-targeted programs can play a supplementary role in social security systems, universal programs are important to ensure that everyone can enjoy their rights without being excluded on the basis of a faulty means test, bias, rigid eligibility criteria, or out-of-date information.
1. Why should "poverty-targeted" social security only be supplementary?
Poverty-targeted programs intend to target benefits to people who have already fallen into poverty. The logic behind them is seemingly straightforward: limited resources are available for social security, so their best use is to identify the populations most in need and channel resources toward them. However, data from such programs has shown that they are often exclusionary and less effective than universal systems at reaching everyone experiencing poverty or realizing everyone's rights.
Attempting to target at-risk populations is, in practice, very difficult. Targeted programs are often designed too narrowly and exclude many people, including the poorest. This is often the case as "the poor" is not a static group, and in reality, households dynamically move between societal welfare rankings over short periods. Further, selection processes are frequently costly, inaccurate, and prone to mismanagement or corruption.
Many eligible people find it hard to apply to such programs or don't apply due to the stigma associated with poverty. In
Some of the most common targeting methodologies, such as "proxy means testing," are also often flawed. This type of test attempts to estimate the wealth of households through a complex and automated statistical approach based on analysis of household surveys to determine the main characteristics of household poverty, and then weight and rank those characteristics to determine eligibility.
But research by the
The eligibility criteria for means-tested programs can systematically undercount populations whose rights are at risk or not fulfilled. For example, recent
More fundamentally, as Development Pathways has written, by relying on a charity model that fails to build a shared sense of social solidarity or is based on everyone's rights, poverty targeting not only undermines the utility and impact of social security programs, but it also undermines their popularity and resilience to reactionary pressures to roll back rights. From racist dog whistles around "welfare queens" in the US in the 1980s that were used to push through work requirements, to the demonization of "welfare cheats" in the
Such targeted programs also fall short of governments' obligations under international law.
Similarly, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Citizens to Social Protection and
Poverty-targeted programs may still play a supplementary role in social security systems built on a foundation of universal benefits that protect all people throughout their lives, from childhood to old age. But targeted systems that exclude people without a foundation of universal protections will leave major gaps in social security that can negatively impact many peoples' rights while failing to foster the social solidarity required for a rights-aligned society.
1. Are "universal social security" and "social safety nets" the same?
Social security and social safety nets have commonalities but differ in key ways. Although some safety nets may have a longer-term component, the
The
1. Can and should informal and non-standard workers access social security?
The rules that govern access to many forms of social security have been traditionally tailored to workers in permanent employment for a recognized employer and often funded by contributions derived from the employer/employee relationship.
Self-employed workers or those in non-standard employment relationships, such as so-called gig workers or informal workers, can find themselves without access to adequate social security coverage. For example, in
But the focus on formal-sector workers disregards the realities of work. Globally, over 61 percent of the world's employed population age 15 and over work informally, according to analysis published by the
The exclusion of informal workers also often has a disproportionate impact on women. Although more men labor in informal employment than women globally (63 percent to 58 percent, respectively), a much higher proportion of women labor in informal employment in low- and lower-middle income countries. In
Governments should take steps to review and reduce legal barriers to workers' access to social security programs, regardless of whether they labor in formal, informal, or non-traditional employment. In addition to extending legal coverage, countries can provide financial incentives, simplify administrative procedures, and enhance access to services to encourage enrollment and compliance. States should also acknowledge the role of informal forms of social security, and identify ways to integrate worker-led programs.
To enable the right to social security, states should also review relevant laws and regulations outside of social security and, if necessary, modify them, particularly to clarify and adapt the scope of laws to guarantee adequate security for workers who have disguised or unclear employment relationships. Moreover, states can establish separate schemes that combine tax-financed and insurance elements for informal workers to reduce coverage gaps.
1. Should social security include migrants, refugees, and noncitizens?
Noncitizens often face huge problems accessing social security. They may be denied or have limited access to coverage in their country of residence because of their status, nationality, or the insufficient duration of their employment or residence. At the same time, they can lose their entitlements to benefits from social security programs in their country of origin due to their absence.
As a universal right, the right to social security applies to all, regardless of citizenship or immigration status, in line with the rights to equality and nondiscrimination. Additionally, the
Regional human rights systems also recognize the rights of migrants to social security and to access public services. The recent protocol to the African Charter on Human and Peoples' Rights, for example, requires states to adopt measures to ensure that all migrants, including migrant workers, are provided with social security benefits and to ensure the portability of social security across borders, with equal treatment for people from countries of origin and countries of destination. Similarly, a 2019 resolution from the
1. Is social security a substitute for a living wage?
No, social security is a set of entitlements for everyone that is independent from the right to a living wage, which requires paying wages that ensure their ability to pay for goods and services essential to realizing human rights.
The International Covenant on Economic, Social and Cultural Rights requires states to ensure the human right to just and favorable conditions of work, which includes the right to a living wage (i.e., remuneration for all workers sufficient to ensure a decent standard of living). Policies like an adequate minimum wage are important to realizing this right by ensuring that all workers earn a specific amount from their labor, whether in the public or private sector. But even in countries with regulations requiring the payment of living wages, people may require social security in the event of unemployment or unforeseen events that prevent them from working (e.g., an illness).
Accordingly, ensuring these human rights requires more than just a living wage, but direct support from the government through social security. But without these adequate wage regulations, social security may subsidize the practices of employers who do not pay a living wage.
States should ensure both adequate social security and living wages by employers, as part of the overall system of social protection.
1. Is social security a substitute for quality public services?
No. While social security programs may help ensure access to some services, such as health care or housing assistance, they are not a substitute for public services.
Social security should be part of a broader approach to policies to realize human rights. It should function alongside a robust system of quality public services that help ensure the availability of, and continuity and access to, goods and services essential to human rights, such as water, sanitation, health, education and social support, among others. There is a human right to many of the goods and services, such as water, health, and education.
1. Should social security be provided to individuals or households?
Social security, in order to contribute to realizing human rights, should normally be provided to individual adults rather than households, since each individual independently holds these human rights. However, not all social security programs are designed this way, with many focusing on households instead.
Whether individuals or households are the recipients matters for the rights to equality and nondiscrimination, because resources within households are often unequally distributed and can put women, particularly older women, at a disadvantage. For example, for a program that transfers retirement money to households, as opposed to individuals, older persons may not adequately benefit. Programs directed to individuals may also reduce risks for physical or economic domestic violence against women.
Social security should thus be designed in a way that addresses power relations and unequal decision-making powers within the household, including on the basis of gender and age. However, social security targeted toward children generally goes to their primary caretakers.
1. What's the role and limitations of technology in providing social security?
Many governments are digitizing and automating core social security programs, such as cash transfers, food assistance benefits, and health insurance schemes. Some technology-assisted reforms are much-needed to ensure universal social security, such as modernizing IT infrastructure critical to the smooth delivery of benefits and services. But even necessary improvements may overlook and amplify existing social inequalities, such as the digital divide. Moving applications for social security programs exclusively online and entirely digitizing benefit payments, for example, may speed up the delivery of cash assistance during crises, but could exclude people who cannot afford mobile phones or internet access, or otherwise lack digital literacy.
Technology has also become central to how many governments now verify people's identity, assess eligibility and benefits levels, as well as investigate, adjudicate, and impose penalties for defrauding public services.
However,
1. Can low- and middle-income countries really afford to provide social security to everyone?
Yes. Whether governments can finance universal social security is essentially a question of political will and policy choices rather than resources.
Fewer than half the people on earth have access to at least one form of social security, according to
However, a 2019 study by the ILO calculated that it would only cost an average of between 2 and 6 percent of a nation's gross domestic product, depending on its region and country-income group, to close this financing gap and establish universal social protection floors.
The ILO has also provided helpful guidance on how low- and middle-income governments can create the fiscal space to close this financing gap by reprioritizing existing public spending, raising social security revenues through a combination of taxes and dedicated contributions, claiming aid and transfers, eliminating illicit financial flows, and managing debt, among others.
Under international human rights law, states are obliged to take steps to the maximum of their available resources to progressively realize rights, including the right to social security and other economic, social and cultural rights. The international expert committee charged with interpreting the International Covenant on Economic, Social and Cultural Rights has emphasized (para. 41) that although realizing the right to social security has "significant financial implications for States parties [...] the fundamental importance of social security for human dignity and the legal recognition of this right by States parties mean that the right should be given appropriate priority in law and policy." It further noted (para. 13):
There are options available for Governments to expand the fiscal space for social protection even in the poorest countries, for example by reallocating public expenditure with a renewed focus on social spending, increasing tax revenues, reducing debt or debt servicing, adapting the macroeconomic framework, fighting illicit financial flows and increasing social security revenues. Equally important is the evidence demonstrating that, in line with their Covenant obligations, countries cannot afford not to allocate sufficient resources to social protection given that such allocations contribute to the realization of human rights and economic and social development.
But raising additional revenue to fund social security is not a zero-sum issue. Increased funding for social security can lead to increased living standards, boosted consumption, and decreased economic inequality. With increasing global economic instability, the political will to allocate the required resources to the country's social security sector is more critical than ever.
1. What's the role of international financial institutions and development banks in funding social security?
Creditor nations and international lenders like the
The Covid-19 pandemic led to a landmark increase in the international financing of social security. Between
Another impediment to social security is the significant pressure that international lenders can place on debtor nations to cut public spending to fulfill public debt obligations.
A recent report by a coalition of nongovernmental organizations found that
External public debt in developing economies is at record levels. Almost two-thirds of low-income countries are either in debt distress or at high risk of debt distress, a number that has doubled since 2015. In the near term, as countries such as the
As noted by the
It is clear that under international law, international financial institutions and bilateral lenders have an obligation to avoid causing harm by not demanding cuts or a re-design of social security programs that would undermine rights, and to provide as much resources as they can to help build universal social security systems that are rights-aligned. In addition, creditor nations and international lenders should recognize all human rights, including everyone's right to social security.
Accordingly, the policies of wealthier nations and international institutions that own much of this public debt from low- and middle-income countries can have a significant impact on the realization of social security in other countries. In turn, they also have the opportunity to help advance equitable social security financing by prioritizing building social security systems as part of their international development assistance and also supporting a proposed
1. How does social security contribute to advancing climate justice?
The climate crisis is a human rights crisis that affects the entire world, but its impacts are not evenly felt. About 3.5 billion people already live in contexts that are highly vulnerable to climate change, the
As
Social security is also vital for equity both within and between nations. Strong social security systems are needed to support a just transition and protect everyone's rights in the process of decarbonization from the price effects of ending fossil fuel subsidies. Many governments have relied on fossil fuel subsidies, especially consumer subsidies, but this is an inefficient way to address energy poverty, since they are hugely expensive, disproportionately benefit wealthier households, and further the climate crisis.
However, to protect rights, it is critical to adequately invest in social security, renewables, and other measures to move toward a rights-aligned economy, since removing subsidies without doing so can disproportionately harm lower-income people by raising prices for goods and services that are essential for rights. Social security can also help secure incomes for workers and households dependent on employment in carbon-intensive industries. Despite this, only 19 percent of workers in the world are currently covered by unemployment security.
Wealthier nations that tend to be less susceptible and more resilient to climate change have disproportionately contributed to causing it. Aside from dramatically reducing carbon emissions and providing funds to mitigate the impact, these countries can help limit the human rights impact of climate change by supporting efforts by low- and middle-income countries to build robust social security systems.
1. What can activists and civil society do about the lack of universal social security?
Independent civil society, social movements, and labor movements are vital to ensuring that the design, implementation, and monitoring of social security programs are aligned with human rights at the local, national, and international levels. Civil society actors can contribute through their technical expertise and by providing information about the adequacy of benefit levels or barriers to access.
The ILO Recommendation concerning Social Protection Floors (no. 202) explicitly mentions the involvement of nongovernmental organizations as critical partners for the national dialogue and the monitoring process. The national dialogue can help ensure adequate social security, particularly to protect children and older people from poverty. Monitoring and benchmarking national situations against countries in similar socio-economic situations can also help create the policy space needed to advance toward universal social security.
At the international level, the



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