The right to social security (Art. 9) 2007, para. 78

Párrafo
Paragraph text
Before any action is carried out by the State party, or by any other third party, that interferes with the right of an individual to social security the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant, and include: (a) an opportunity for genuine consultation with those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable notice of proposed actions; (d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal remedies. Where such action is based on the ability of a person to contribute to a social security scheme, their capacity to pay must be taken into account. Under no circumstances should an individual be deprived of a benefit on discriminatory grounds or of the minimum essential level of benefits as defined in paragraph 59(a).
Condicón jurídica
Non-negotiated soft law
Organismo
Committee on Social, Economic and Cultural Rights
Tipo de documento
General Comment / Recommendation
Medio de adopción
N.A.
Temas
  • Equality & Inclusion
  • Social & Cultural Rights
Personas afectadas
  • All
Año
2007
Tipo de párrafo
Other
Reference
CESCR General Comment No. 19, The right to social security (Art. 9) (2007), para. 78.
Paragraph number
78