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Social protection and old age poverty 2010, para. 72
- Paragraph text
- The principle of equality and non-discrimination also requires States to ensure that social pensions are physically and culturally accessible to all older people.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 39
- Paragraph text
- In 1995, the Committee on Economic, Social and Cultural Rights adopted a general comment on the rights of older persons, in which it stressed that States needed to adapt their social and economic policies to respond to the needs of ageing populations and should give more consideration to older persons in their human rights monitoring and reporting. The general comment also sheds light on the relationship between the provisions of the International Covenant on Economic, Social and Cultural Rights, the Vienna International Plan of Action and the United Nations Principles for Older Persons, clearly indicating that both binding and non-binding commitments are linked.
- 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
Paragraph
Social protection and old age poverty 2010, para. 16
- Paragraph text
- As people grow older, they tend to be progressively excluded from the formal and informal work markets by employers who prioritize a younger workforce. At the same time, they are often not protected by social security systems (addressed below). Without access to work or income, the poorest tend to depend on others for their survival or have to seek less secure sources of income (often begging or undertaking menial work). Research indicates that the older persons who manage to enter and remain in the workforce occupy less attractive jobs, with lower pay than people of prime age.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 29
- Paragraph text
- Traditionally, States have privileged the establishment of contributory pension systems with the objective of achieving universal coverage once the formal sector expanded. Today, with a vast number of workers in the informal sector, this approach must be re-examined. Contributory systems have left the majority of the population unprotected when they reach old age. Estimates indicate that less than 20 per cent of older persons are covered by pensions today and only about 25 per cent of the labour force is currently contributing or accruing pension rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
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
Paragraph
Social protection and old age poverty 2010, para. 43
- Paragraph text
- The African Charter on Human and Peoples' Rights stipulates that "the aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs" (art. 18). The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) recognizes the particular vulnerability of older women and requests States to take a number of measures "commensurate with their physical, economic and social needs as well as their access to employment and professional training" and "ensure the right of elderly women to freedom from violence, including sexual abuse" (art. 22).
- 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
- Persons with disabilities
- Women
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 44
- Paragraph text
- The Revised European Social Charter recognizes "the right of elderly persons to social protection" (art. 23). It calls on States to adopt or encourage appropriate measures to: (1) "enable elderly persons to remain full members of society for as long as possible"; (2) "enable elderly persons to choose their lifestyle freely and to lead independent lives in their familiar surroundings for as long as they wish and are able"; and (3) "guarantee elderly persons living in institutions appropriate support, while respecting their privacy, and participation in decisions concerning living conditions in the institutions".
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 46
- Paragraph text
- Several International Labour Organization conventions and declarations also recognize the right to social security, including the Declaration concerning the aims and purposes of the International Labour Organization, to pursue "the extension of social security measures to provide a basic income to all in need of such protection and comprehensive medical care". The main standards are established by Convention No. 102 concerning Minimum Standards of Social Security and Convention No. 128 concerning Invalidity, Old-Age and Survivors' Benefits. Convention No. 102 establishes worldwide-agreed minimum standards for all nine branches of social security: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors' benefit.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
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
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
Paragraph
Social protection and old age poverty 2010, para. 106
- Paragraph text
- Non-contributory pensions are the only means by which universal pension coverage can be achieved and gender imbalances redressed. However, social pensions must not be regarded as the sole response to old-age poverty. To be effective in the promotion of an adequate standard of living, social pensions can only be one component of a comprehensive social protection strategy that addresses the impact of extreme poverty throughout one person's life cycle and includes measures to ensure older persons access to adequate social services, in particular access to health care.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 83
- Paragraph text
- Wide and informed public participation in the development and implementation of social policies is an essential feature of policies grounded in human rights standards. Participation of the intended beneficiaries is not simply desirable in terms of ownership and sustainability, but is also part of their right to take part in public life which is a core component of human rights instruments. Owing to the asymmetry of power between the beneficiaries and the authorities that administer the programme, beneficiaries are often unable to realize their rights. Promoting meaningful public participation must thus be an essential feature of the design, implementation and evaluation of social pensions. Special attention must also be devoted to ensuring the effective participation of older women and other groups that may be marginalized.
- 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
- Women
- Year
- 2010
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 53
- Paragraph text
- Gender concerns remain largely ignored, even when social protection schemes specifically target women within households or female-headed households. The channelling of social protection to women may amplify the impacts of certain schemes reaching children or older persons, but it does not ensure that the root causes of gender inequality are adequately addressed. Evidence shows that social protection systems are rarely gender-neutral and that badly designed programmes can exacerbate or contribute to inequalities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 105
- Paragraph text
- The traditional reliance of many States on contributory pension systems as the main source of social security in old age has left a significant portion of older persons unprotected. This problem is particularly serious for women as most are not covered by contributory pension schemes although they tend to live longer. Investing in non-contributory pensions can play an important role in empowering older people and contribute to the realization of their human rights, in particular their economic, social and cultural rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 63
- Paragraph text
- While including wealthier older people in a universal scheme may be a legitimate concern of States in the context of scarce resources, when there is a high level of poverty and low contributory pension coverage, the proportion of non-poor older people covered by the universal pension is likely to be small. Moreover, evidence suggests that attempts to exclude the wealthiest from a social pension may decrease political support, create disincentives to contributing to other pensions systems and even increase the total costs.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 84
- Paragraph text
- Evidence shows that participatory strategies are often not meaningful as they are often reduced to mere consultation that does not allow for real input from participants into decision-making. Frequently, participation processes are incorporated to social programmes without serious thought being given to the factors that limit older persons' possibilities to take part in public life and influence decisions affecting them, such as physical impairments and sensory losses, local power structures and family relations. Relying on family members or community leaders as the only communication channel with older persons limits their ability to voice personal views and can reinforce their dependency on others.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 111
- Paragraph text
- States must adopt specific measures to ensure access to social pensions by those in most vulnerable conditions, for example, by removing administrative barriers that prevent them from accessing social pensions, such as the lack of documentation. Specific measures are also needed to ensure that benefits are distributed within safe reach and at a convenient geographic location, paying particular attention to physical and mental impairments that affect older persons.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
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
Paragraph
Social protection and old age poverty 2010, para. 28
- Paragraph text
- Social protection can be divided in two main segments: social insurance and social assistance. Social insurance refers to all contributory insurance schemes providing pre-specified support for affiliated members in the event of contingencies such as injury, sickness, disability and old age. Social assistance encompasses all initiatives providing both cash and in-kind assistance to those living in poverty; these are often financed by general taxation revenues or external aid. Social pensions consist of cash benefits received by persons above a given age without the requirement of compulsory contributions; they are essential components of social assistance. Contributory and non-contributory schemes should be regarded as complementary and mutually reinforcing aspects of social protection.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
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
Paragraph
Social protection and old age poverty 2010, para. 36
- Paragraph text
- Social pensions, however, should be seen as only one component of a broad social protection system designed to tackle the multidimensional aspects of poverty. The focus on older persons should consist of setting basic, non-contributory pensions as one of the pillars of a comprehensive approach that includes measures to ensure access to basic services (especially health services) and eliminate discrimination based on sex.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
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
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
Paragraph
Social protection and old age poverty 2010, para. 45
- Paragraph text
- The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights recognizes that "everyone has the right to special protection in old age" (art. 17). It also called for States to take the necessary steps "to make this right a reality", particularly by providing food and adequate medical services; undertaking work programmes specifically designed for the elderly and establishing social organizations designed to improve the quality of life for the elderly.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 90
- Paragraph text
- For older persons, financial security and health are closely linked: expenses for health care and medicines account for as much as three quarters of the income of the poorest groups. Under these circumstances, the positive impact of social protection initiatives on older persons' standards of living can be nullified by the burden posed by health-care-related costs.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2010
Paragraph
Social protection and old age poverty 2010, para. 95
- Paragraph text
- Non-contributory pensions are the most efficient means of ensuring the right to social security for older women and compensating them for their years of unpaid or inadequately paid work. However, to ensure equal access by women to a social pension, special measures must be implemented to overcome possible barriers to older women caused by structural discrimination, such as lack of access to adequate documentation and identification; difficulties to approach administrations or lack of gender sensitive social services.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Year
- 2010
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
Paragraph
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
Paragraph
Social protection and old age poverty 2010, para. 52
- Paragraph text
- In order to fully contribute to realizing human rights, social pensions and any other relevant social policy should be designed and implemented in ways that ensure their compliance with core human rights principles and obligations. The following section examines the key human rights components for a social pension scheme that complies with human rights law.
- 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
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
Paragraph