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Social protection and old age poverty 2010, para. 108
- Paragraph text
- States must recognize the human right to social security in domestic law. Non-contributory and contributory pension schemes must be guided by international human rights standards for the right to social security.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Extreme inequality and human rights 2015, para. 46
- Paragraph text
- Mr. Bengoa also recommended the creation of a social forum to facilitate the participation of States, international organizations, non-governmental organizations and corporations in discussing how to take economic, social and cultural rights into account in their policies. The Social Forum was set up in 2002 and recent sessions have focused on the rights of older persons (2014) and on the rights of access to medicines in the context of the right to health (2015).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 112
- Paragraph text
- States must ensure that information on social pensions is widely available and accessible, especially to the poorest segments of society. In particular, information about eligibility criteria, levels of benefits and complaint mechanisms must be accessible to all potential beneficiaries. The legal and institutional framework regulating pension schemes must guarantee the existence of accessible accountability mechanisms.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 113
- Paragraph text
- States must ensure the meaningful and effective participation of older persons in the design, implementation and monitoring of social pensions. Considering the specific needs of older persons, participation mechanisms must take into account existing power structures within communities and remove particular obstacles for their participation in collective decision-making processes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 58
- Paragraph text
- Once the decision to establish a social pension is taken, States must ensure equal access to it. The principles of equality and non-discrimination require States progressively to ensure universal protection. These principles also require taking special measures to protect the most vulnerable segments of society as a matter of priority.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 70
- Paragraph text
- For all the above reasons, it can be concluded that a universal pension scheme is most in keeping with human rights obligations as: (a) it responds to the claim of universality of human rights norms; (b) it complies with the principle of equality and non-discrimination; (c) it reduces opportunities for corruption and manipulation in the selection of beneficiaries which typically excludes the poorest; and (d) reduces possible stigmatization as it is available to all who comply with the age requirement.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 78
- Paragraph text
- Increasing transparency in the overall functioning of social pensions will also increase public support for investments in these policies. Any perception that pensions are not reaching their rightful beneficiaries or lack of trust in the sustainability of pension systems can be used to justify calls for limiting investment in non-contributory pensions.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 76
- Paragraph text
- A human rights approach emphasizes that transparency and access to information are important safeguards against corruption and means of increasing accessibility and participation. Limited access to information by beneficiaries impedes their access to programmes and their ability to claim their rights. Non-transparent implementation of pension schemes risks perpetuating unequal power relations and increasing the likelihood of mismanagement.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 79
- Paragraph text
- Human rights standards emphasize that everyone has the right to an effective remedy when his or her rights have been violated. Policymakers and others whose actions have an impact on the social pension schemes must also be held accountable when their decisions and actions impact negatively on the right to social security of older persons. Moreover, effective accountability mechanisms not only enhance protection for beneficiaries, but also improve the efficiency of social policies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 107
- Paragraph text
- Keeping in mind important lessons learned in developing and developed countries that invest in non-contributory systems of social security, the recommendations below attempt to summarize the main human rights concerns that States must address when establishing or extending social pensions.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 11
- Paragraph text
- The international community has committed itself to addressing the challenges associated with ageing in three documents: the Vienna International Plan of Action on Ageing (1982), the United Nations Principles for Older Persons (1991) and the Madrid International Plan of Action on Ageing (2002). These documents complement the existing human rights and labour standards which establish legally binding obligations upon States.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 69
- Paragraph text
- The main advantage of targeted pensions is that their overall cost to the State, when compared with universal pensions, is low. In practice, however, the affordability of universal pensions is a political question. Evidence shows that, where there is political will, even low-income developing countries can afford these programmes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 33
- Paragraph text
- Social pensions are also important for addressing the particular vulnerabilities of women. Contributory systems tend to exacerbate gender inequalities: in many countries coverage rates for elderly men are twice those for their female counterparts. Even in countries with broader protection in contributory systems, older women are more likely to receive a lower pension due to a lower level of contributions (see sect. II C).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 77
- Paragraph text
- Guaranteeing transparency and access to information requires careful consideration with respect to the core components of the non-contributory pensions system, such as: (a) targeting mechanisms; (b) eligibility criteria; (c) benefit levels; (d) existence of complaints and redress mechanisms. Individuals and organizations should have the right to seek, receive and impart information in a clear and transparent manner.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 48
- Paragraph text
- Considering the vulnerability of older persons, the Committee highlights the fact that States are duty-bound to progressively ensure that everyone is covered by contributory or non-contributory systems. To this end, States parties must develop a national strategy for the full implementation of the right to social security in old age, and allocate adequate fiscal and other resources at the national level.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 101
- Paragraph text
- The international community can play a key role in supporting the initial set-up of social pension systems, in particular in low-income countries, for example, by providing technical and/or material assistance in designing programmes and identifying and registering possible beneficiaries. A number of core common principles can also guide donors on how to best support and ensure the long-term sustainability of social security systems, including social pensions in recipient States.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 103
- Paragraph text
- Ensuring sustainability also requires strengthening the recipient State's capabilities to eventually implement the social pension programme unassisted. This includes a broad range of measures that can be supported by donor States, such as providing technical support to local and national authorities, building civil society's capacity for monitoring the social pension system and holding the Government accountable, and assisting in the implementation of effective tax systems.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 35
- Paragraph text
- Governments must challenge the myth that social pensions are a burden to the economy and the stereotyping of older persons as a burden to development. Indeed, social protection systems may act as economic stabilizers in critical periods and can have positive repercussions on local economies. For example, studies show that in rural areas, old-age pensions have an overall positive impact on the protection of poor rural communities affected by the adverse effects of agriculture reform and encourage local economic activity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 50
- Paragraph text
- The Committee explicitly notes that States cannot rely solely on contributory systems for old-age pensions, as all individuals will not always be able to secure sufficient means to maintain an adequate standard of living. States must have a non-contributory pension system in place. Therefore, within the limits of available resources, States must provide non-contributory old-age benefits to assist, at the very least, all older persons who, when reaching the retirement age, are not entitled to an old-age insurance-based pension.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 82
- Paragraph text
- To be effective social pension programmes must periodically review decisions taken on at least three key elements: (a) the procedures utilized to register beneficiaries (in particular to identify the possible wrongful exclusion of beneficiaries); (b) the implementation of the programme (to monitor all sorts of possible abuses occurring when assistance is provided at the local level, e.g. sexual harassment); and (c) the overall payment procedures (to monitor misappropriation of financial resources throughout the different stages of implementation).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 98
- Paragraph text
- Where there is political will, low-income and middle-income countries can implement social pension programmes. Without detracting from developing States' own obligations, international assistance must also play a role in helping developing countries to progressively realize the right to social security. In those countries where the protection gap is widest, establishing or enhancing non-contributory pensions requires overcoming considerable resource, institutional and technical constraints. International assistance can be critical in this respect.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Social protection and old age poverty 2010, para. 86
- Paragraph text
- Participation should be understood in a broad sense. It should include not only beneficiaries, but also civil society organizations that can play a role in advocating for the rights of older persons. Indeed, participatory processes are important to mobilize public understanding of and support for the establishment of social pensions schemes grounded on the recognition of the universal right to social security. In particular, public participation in budget exercises can ensure that public resources are devoted to expanding social security, in particular to the most vulnerable.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Access to justice for people living in poverty 2012, para. 64
- Paragraph text
- Often, the criteria which govern access to State-funded legal assistance are arbitrary and overly restrictive, and rely heavily on means-testing to determine eligibility. Means-testing is often inaccurate and is unable to take account of the wealth distribution within a household, disadvantaging those who have restricted access to household wealth, such as women and older persons. Furthermore, it fails to realistically reflect the options faced by persons living in poverty; for example, it may disqualify individuals if they have the option of disposing of household assets, even if those assets are used to produce food and generate subsistence income for the household.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Women
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Access to justice for people living in poverty 2012, para. 40
- Paragraph text
- Persons living in poverty, particularly those with disabilities or older persons, may experience additional obstacles in accessing justice when courts and police stations are not appropriately designed, and when court processes are not adaptable. For example, many judicial systems are heavily reliant on paper forms and written submissions, and on the presentation of oral evidence. Often, police stations and courts are not wheelchair accessible. Where measures are not in place to enable judicial bodies to adapt their processes for those in need, including by providing aid to defendants, claimants, witnesses and jurors who require it, such persons are excluded from accessing and benefiting from the justice system.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Social protection and old age poverty 2010, para. 53
- Paragraph text
- As a necessary part of a rights-based approach to social pensions, the right to social security must be included in national legal frameworks. The most solid experiences of non-contributory pensions are those grounded in legal instruments that ensure the permanence of these initiatives and give rights-holders the possibility to claim for the protection of their right. Spain, for example, reported that the same legal instrument regulates contributory and non-contributory systems. Brazil has the right to non-contributory pensions enshrined in the Constitution and a law also indicates that the value of pensions must be defined in accordance to a national index for payments.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Social protection and old age poverty 2010, para. 80
- Paragraph text
- A social pension scheme without accountability and redress mechanisms is more likely to be viewed as an instrument of charity that can be manipulated by political actors than part of someone's entitlement.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Social protection and old age poverty 2010, para. 66
- Paragraph text
- Implementing an income- or poverty-targeted system introduces exclusion errors because the selection of beneficiaries is a complex and often controversial process. While the State has some mechanisms to minimize this (e.g. cross-checking targeting and re-targeting exercises), which can significantly increase administrative costs, the exclusion of rightful beneficiaries constitutes a violation of their right to social security. Moreover, those excluded are often the most vulnerable, as they will find it most difficult to claim for their inclusion. Targeting can also create perverse results such as encouraging older people to stop working, in order to keep the benefits.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Social protection and old age poverty 2010, para. 60
- Paragraph text
- Universal pensions require the simplest structure with the lowest administrative costs and therefore are more likely to be successful in achieving their aims. Many developing countries provide universal pensions, such as Bolivia (Plurinational State of), Botswana, Brunei Darussalam, Namibia, Nepal and Samoa. Universal pensions avoid creating disincentives for low-income workers to save for their old age and disincentives for older persons to continue working beyond retirement age. They can also reduce opportunities for corruption, as they are available to all who meet the age requirement and there is no stigma attached.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Social protection and old age poverty 2010, para. 41
- Paragraph text
- The right to social security is firmly grounded in international human rights law and several treaties contain specific references to old age protection through social security schemes. Further to articles 22 and 25 of the Universal Declaration of Human Rights, it appears in articles 9, 10 and 11 of the International Covenant on Economic, Social and Cultural Rights, article 5 (e) (iv) of the International Convention on the Elimination of Racial Discrimination, article 11 of the Convention on the Elimination of Discrimination against Women, article 26 of the Convention on the Rights of the Child, article 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Convention on the Rights of Persons with Disabilities mentions the right to social protection (art. 28).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Social protection and old age poverty 2010, para. 42
- Paragraph text
- At regional level, there are several provisions recognizing the specific vulnerability of older persons that call on States to implement specific measures to protect the elderly. They also emphasize the right to social security.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph