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Social Protection Floor concept:
Its relevance to secure minimum
income security globally
April 5, 2013
Krzysztof Hagemejer International Labour Office
The ILO’s Mandate in Social Security
Preamble of the ILO Constitution (1919):
“An improvement […] is urgently required; as, […], by […]
the «prevention of unemployment, […] the protection of the
worker against sickness, disease and injury arising out of
his employment, the protection of children, young persons
and women, provision for old age and injury, protection of
the interests of workers when employed in countries other
than their own”.
Declaration of Philadelphia (1944):
To pursue “the extension of social security measures to
provide a basic income to all in need of such protection and
comprehensive medical care”.
2
The ILO’s standard-setting function
In 1919: International labour standards as a
response to the need for social justice
From its foundation in 1919, the ILO was charged
with the creation of ILS
Standards came as a response to the recognition
that the global economy needed clear rules in order
to ensure that economic progress would go hand in
hand with social justice, prosperity and peace for all
Since then, the ILO has established a system of
international labour standards covering all matters
within the ILO’s competence (eg. rights at work,
social protection) 3
The ILO’s standard-setting function
Today: still the “rules of the game” in an
increasingly globalised world and in crises
The standards have grown into a comprehensive
system of instruments on work, social protection
and social policy, backed by a supervisory system
designed to address all sorts of problems in their
application at the national level.
They are the main tools at the ILO’s disposal for the
pursuit of its mandate and the main basis for the
provisions of policy advice and technical assistance
4
What are International Labour Standards?
ILS are legal instruments drawn up by the ILO’s constituents
(governments, employers and workers) setting out principles
and rights at work and beyond for protecting workers and
their families, governing globalization, promoting sustainable
development, eradicating poverty, and ensuring that people
can work and live in dignity, decency, health and safety;
They are either
Conventions: legally binding international treaties that may be ratified
by member states, that create obligations for ratifying States
(application and reporting)
Recommendations: serve as non-binding guidelines; autonomous or
accompanying a Convention; may also subject to reporting
5
How are ILS adopted?
6
Consultation process
leading to ILO social security strategy and
Social Protection Floors Recommendation
2001-2010 New consensus 2001 Regional conferences and expert meeting 2008-10 Global Jobs Pact 2009
International Labour Conference 2011 Adoption of two-dimensional strategy (Resolution and Conclusions) Agreement on elements of possible Recommendation
Consultations 2011-12 Replies to questionnaire from governments, employers’ and workers’ organizations
International Labour Conference 2012 Adoption of Social Protection Floors Recommendation
221 responses
from 118 countries
Global tripartite
consensus:
453 votes in favour
and 1 abstention
from 142 countries
Social Protection Floor Initiative
International and regional endorsements (G20 and others)
The (UN) Social Protection
Floor Initiative
• Created in April 2009 by the UN CEB
as one of nine joint crisis response initiatives
• Global coalition of various agencies and
development partners
• Objective: Promote universal access to – essential services (health, education, housing, etc.)
– social transfers in cash or in kind, to ensure income
security, food security, adequate nutrition, and
access to essential services.
• High-level advisory group chaired by Michelle
Bachelet
• Report: Social protection floors for a fair and
inclusive globalization, 2011
Global lead agencies: ILO, WHO.
Coalition Members: UNESCAP,
UNCEPAL, UN Habitat, UNAIDS,
UNDESA, UNDP, UNESCO,
UNFPA, UNHCR, UNICEF,
UNODC, UNRWA, UNWOMEN,
WFP, WMO, FAO, OHCHR,
UNFPA, IMF, World Bank, Asian
Development Bank, European
Commission, OECD, SIDA
(Sweden), the Netherlands,
Luxembourg, France, Finland,
GIZ (Germany), GIP SPSI,
Education and Solidarity
Network, HelpAge International,
International Council of Social
Welfare, NGO Committee for
Social Development, Save the
Children, Concern...
Recommendation concerning national
floors of social protection at a glance
Preamble
Social security as human right and social and
economic necessity
Reference to various
international instruments
I. Objectives, scope and principles
Objective and scope
Definition of national social
protection floors
Principles
II. National social
protection floors
Definition of basic social
security guarantees
Legal foundations
Establishment and review
Provision
Financing
III. National
strategies for the extension
of social security
Prioritize implementation of national SPFs
Progression to higher levels of
protection
Building and maintaining
social security systems
Policy coherence
ILO social security
standards
IV. Monitoring
National monitoring
reviews and consultations
Statistics to be produced
International support
I. Objective: no just the floor
10
Par 1:
(a) Establish and maintain, as applicable, social protection floors
as a fundamental element of their national social security systems
(b) Implement social protection floors within strategies for the extension
of social security that progressively ensure higher levels of social security
to as many people as possible, guided by ILO social security standards
Par 13:
(1)...National strategies should
(a) Prioritize implementation of social protection floors as a starting point for
countries that do not have a minimum level of social security guarantees,
and as a fundamental element of their national social security systems; and
(b) Seek to provide higher levels of protection to as many people as possible –
reflecting economic and fiscal capacity – and as soon as possible
(2) For this purpose, Members should progressively build and maintain
comprehensive and adequate social security systems coherent with national
policy objectives and seek to coordinate social security policies with other social
policies
2. What constitutes floors of protection?
11
Par. 4: The guarantees should ensure at minimum that, over the life cycle,
all in need have access to essential health care and to basic income security
which together secure effective access to goods and services defined as
necessary at the national level
Par. 2: Nationally defined sets of basic social security guarantees
which secure protection aimed at preventing or alleviating poverty, vulnerability
and social exclusion
Questions
? Basic social security guarantees for all
= benefits for all?
? SPF = social assistance?
? SPF = social safety net?
? Are social insurance schemes part of
the SPF?
12
National social protection floors:
At least four nationally-defined guarantees
access to a set of goods and services
constituting essential health care including maternity care
basic income security for
children
basic income security for
persons in active age unable to earn sufficient income
basic income security for
persons in old age
The social protection floors should comprise at least the following
basic social security guarantees: (para. 5)
national definition of minimum levels
Guarantees should be provided to at least all residents and children, as defined in
national laws and regulations, subject to Members’ existing international
obligations. (para. 6)
Questions
? What is meant by “essential health care”?
? What is meant by basic income security
for children?
? How to guarantee basic income security
for the working-age population? Are
minimum wages part of the SPF?
? How to guarantee income security for
elderly?
14
3. Minimum levels of protection: National
definitions of minimum levels of protection
should meet following requirements
15
8(b): Basic income security should allow life in dignity. Possible reference points:
national poverty lines, income thresholds for social assistance etc.
8(a): Persons in need of health care should not face hardship and an increased risk
of poverty due to the financial consequences of accessing essential health care.
Free prenatal and postnatal medical care for the most vulnerable should also be
considered;.
8 (c) and (d): Levels of basic social security guarantees should be regularly
reviewed through a transparent procedure that is established by national laws,
regulations or practice,
with ensured tripartite participation with representative organizations of employers
and workers, as well as consultation with other relevant and representative
organizations of persons concerned
Questions
? How to define and measure effective
access to essential health care in
practice?
? How to define and measure income
security?
16
4. Who should be covered by the
guarantees?
17
Par. 3: Principles • Universality of protection, based on solidarity
• Social inclusion including persons in the informal economy
• Non-discrimination, gender equality and responsiveness to special needs
Par. 6: Guarantees should be provided to at least all residents and children,
as defined in national laws and regulations,
subject to Members’ existing international obligations.
Questions
? What is meant by
• “all ... children”? National definition?
• “at least all residents” – national definition?
• “existing international obligations”?
? How to realize basic social security
guarantees for all?
• Migrant workers and their families
• Irregular migrants
18
5. How to realize basic social security
guarantees? Rights-based approach
19
Par. 7: Basic social security guarantees should be established by law.
- National laws and regulations should specify the range, qualifying conditions
and levels of the benefits giving effect to these guarantees.
- Impartial, transparent, effective, simple, rapid, accessible and inexpensive
complaint and appeal procedures should also be specified.
- Access to complaint and appeal procedures should be free of charge to the
applicant.
- Systems should be in place that enhance compliance with national legal
frameworks.
Par. 3: Principles • Overall and primary responsibility of the State
• Adequacy and predictability of benefits
• Non-discrimination, gender equality and responsiveness to special needs
• Entitlements to benefits prescibed by national law
• Efficiency and accessibility of complaint and appeal procedures
• Respect for the rights and dignity of people covered
• Respect for collective bargaining and freedom of association
Questions
? Why should basic social security guarantees be set out in the law? Does this limit national flexibility?
? How to realize a rights-based approach in resource-constraint contexts? • Limited fiscal space and budget constraints
• Weak governments, limited institutional capacities
? How to transform social safety nets into a social protection floor?
? Can proxy targeting be done in a way which respects for rights and dignity of beneficiaries?
? Can conditional cash transfers?
? Can pilot schemes?
20
6. Implementation
21
Par. 3: • Progessive realization, including by setting targets and timeframes
• Coherence with social, economic and employment policies
• Regular monitoring of implementation and periodic evaluation
• Tripartite participation and consultation with representatives of persons concerned
Par 13:
(1)...National strategies should
(a) Prioritize implementation of social protection floors as a starting point for
countries that do not have a minimum level of social security guarantees,
and as a fundamental element of their national social security systems; and
(b) Seek to provide higher levels of protection to as many people as possible –
reflecting economic and fiscal capacity – and as soon as possible
(2) For this purpose, Members should progressively build and maintain
comprehensive and adequate social security systems coherent with national
policy objectives and seek to coordinate social security policies with other social
policies
Questions
? Will States use the notion of
“progressive realization” as an excuse
for non-action?
? How to achieve coherence with social,
economic and employment policies?
? How to promote economic activity and
formal employment?
22
7. Financing and delivery
23
Par. 3: • Consideration of diversity of methods and approaches
• Solidarity in financing and fair balance of interests
• Transparent, accountable and sound financial management and administration
• Financial, fiscal and economic sustainability with due regard to social justice and
equity
• High-quality public services that enhance delivery of social security systems
• Coherence across institutions responsible for the delivery of social protection
Paras 11 and 12:
• Members should consider using a variety of different methods to mobilize the
necessary resources to ensure financial, fiscal and economic sustainability of
national social protection floors...
• National social protection floors should be financed by national resources.
Members whose economic and fiscal capacities are insufficient to implement the
guarantees may seek international cooperation and support that complement their
own efforts.
24
FISCAL
RESOURCE
ENVELOPE
SPF cost
Taxation
Level and efficiency
Spending
efficiency
Grants and other
international
transfers
Borrowing
Social
protection
policy
space
SPF
fiscal
space
Policy and fiscal space within resource envelope
Cost of other
complementary
public programmes
Over time investments in social protection – together
with other policies -may enhance fiscal envelope and
fiscal space allowing further extension of social
security
Investment in social
protection
Healthier and better
educated population
Higher productivity
More employment
Less poverty, more fiscal
space
25
Higher aggregate demand
Higher incomes,
more fiscal revenue
Questions
? National financing as an excuse for the absence of sufficient international support?
? What about a Global Fund for Social Protection? What is the risk of moral hazard?
? How to achieve effective linkages with public services, and how to ensure their quality? Why public?
26
8. What is the link to other ILO social
security standards?
27
R202 complements existing ILO social security standards, and it does not lower
these standards
Par 17: Members should aim to achieve the range and levels of benefits set out in
the Social Security (Minimum Standards) Convention, 1952 (No. 102), or in other ILO
social security Conventions and Recommendations setting out more advanced
standards.
Par. 18: Members should consider ratifying, as early as national circumstances
allow,
the Social Security (Minimum Standards) Convention, 1952 (No. 102). Furthermore,
Members should consider ratifying, or giving effect to, as applicable, other ILO social
security Conventions and Recommendations setting out more advanced standards.
Questions
? Are the standards set by R. No. 202
necessarily lower than the standards
set out in C.102 and other (“more
advanced”) social security standards?
? Does R. No. 202 substitute or
complement C. No. 102?
28
9. Monitoring
Nationally-defined monitoring mechanisms and national consultations
Members should regularly convene
national consultations to assess progress and
discuss policies for the further horizontal and vertical extension of
social security.
Collection, compilation and publication of
adequately disaggregated social
security data, statistics and indicators
Legal framework to protect private individual
information
Taking into consideration guidance provided by
Resolution of ICLS and other statistical standards
Exchange of information, experience and expertise
among members and with ILO
Technical assistance from ILO and others
29
Questions
? How to make effective national
monitoring a regular practice?
? Protection of individual private
information? Why? How?
? What about international monitoring?
30
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