Rights to Social Security

Statewide Conference

October 12, 2009

The Sources of Law

• Organization of American States (OAS) Charter-- Declaration of Rights Man

• International Covenant on Civil and Political Rights• ICESCR• Art. 9—right of everyone to ss• Art. 10(2)—working mothers to adequate ss benefits• Art. 10(3) – protection and assistance for children and

youth• Art. 11—right to adequate standard of living, including

adequate food, clothing and housing, and to the continuous improvement of living conditions

Convention on the Elimination of All Forms of Discrimination Against Women

[CEDAW]• Equal rights between men and women in

… in the right to ss, retirement, sickness, invalid

• 11(2)(b) states to adopt appropriate measures to introduce social benefits during maternity leave

• 14(2) rural areas--no discrimination vs. women and right to benefit from ss programs

Principles Under IESCR• “progressive realization” also implies that the state should generally

avoid “any deliberate regressive measures” which reduce of the coverage of social security

• MCOs = minimum core obligation on states to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights.” This MCO has a priority claim on the state’s resources. Implies that that the most disadvantaged and vulnerable group are provided with ss = elderly, people with disabilities and chronic illnesses and impoverished children.

• MCOs = minimum core obligation on states to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights.” This MCO has a priority claim on the state’s resources. Implies that that the most disadvantaged and vulnerable group are provided with ss = elderly, people with disabilities and chronic illnesses and impoverished children.

• Accessible, affordable, timely and effective legal remedies should be available to redress violations of ESC rights.