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The right to social security (Art. 9) 2007, para. 28
- Document type
- General Comment / Recommendation
- Paragraph text
- The right to social security plays an important role in supporting the realization of many of the rights in the Covenant, but other measures are necessary to complement the right to social security. For example, States parties should provide social services for rehabilitation of the injured and persons with disabilities in accordance with article 6 of the Covenant, provide child care and welfare, advice and assistance with family planning and the provision of special facilities for persons with disabilities and older persons (article 10); take measures to combat poverty and social exclusion and provide supporting social services (article 11); and adopt measures to prevent disease and improve health facilities, goods and services (article 12). States parties should also consider schemes that provide social protection to individuals belonging to disadvantaged and marginalized groups, for example crop or natural disaster insurance for small farmers or livelihood protection for self-employed persons in the informal economy. However, the adoption of measures to realize other rights in the Covenant will not in itself act as a substitute for the creation of social security schemes.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
The right to social security (Art. 9) 2007, para. 65
- Document type
- General Comment / Recommendation
- Paragraph text
- Violations through acts of omission can occur when the State party fails to take sufficient and appropriate action to realize the right to social security. In the context of social security, examples of such violations include the failure to take appropriate steps towards the full realization of everyone's right to social security; the failure to enforce relevant laws or put into effect policies designed to implement the right to social security; the failure to ensure the financial sustainability of State pension schemes; the failure to reform or repeal legislation which is manifestly inconsistent with the right to social security; the failure to regulate the activities of individuals or groups so as to prevent them from violating the right to social security; the failure to remove promptly obstacles which the State party is under a duty to remove in order to permit the immediate fulfilment of a right guaranteed by the Covenant; the failure to meet the core obligations (see paragraph 59 above); the failure of a State party to take into account its Covenant obligations when entering into bilateral or multilateral agreements with other States, international organizations or multinational corporations.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 45
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should adopt a comprehensive health-care policy aimed at protecting the health needs of older women in line with the Committee's general recommendation No. 24 (1999) on women and health. Such policy should ensure affordable and accessible health care to all older women through, where appropriate, the elimination of user fees, training of health workers in geriatric illnesses, provision of medicine to treat age-related chronic and non-communicable diseases, long-term health and social care, including care that allows for independent living and palliative care. Long-term care provisions should include interventions promoting behavioural and lifestyle changes to delay the onset of health problems, such as healthy nutritional practices and an active lifestyle, and affordable access to health-care services, including screening for and treatment of diseases, in particular those most prevalent among older women. Health policies must also ensure that health care provided to older women, including those with disabilities, is based on the free and informed consent of the person concerned.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 27
- Document type
- General Comment / Recommendation
- Paragraph text
- Older women are particularly vulnerable to exploitation and abuse, including economic abuse, when their legal capacity is deferred to lawyers or family members, without their consent.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Violence
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Implementing child rights in early childhood 2006, para. 6c
- Document type
- General Comment / Recommendation
- Paragraph text
- [Features of early childhood. Early childhood is a critical period for realizing children's rights. During this period:] Young children establish their own important relationships with children of the same age, as well as with younger and older children. Through these relationships they learn to negotiate and coordinate shared activities, resolve conflicts, keep agreements and accept responsibility for others;
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Older persons
- Year
- 2006
- Date added
- Aug 19, 2019
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 47b
- Document type
- General Comment / Recommendation
- Paragraph text
- [The right to just and favourable conditions of work relates to specific workers:] Young workers and older workers: All workers should be protected against age discrimination. Young workers should not suffer wage discrimination, for example, being forced to accept low wages that do not reflect their skills. An excessive use of unpaid internships and training programmes, as well as of short-term and fixed-term contracts that negatively affect job security, career prospects and social security benefits, is not in line with the right to just and favourable conditions of work. Laws and regulations should include specific measures to protect the health and safety of young workers, including through raising the minimum age for certain types of work. Older workers should receive fair wages and equal remuneration for work of equal value, and have equal opportunity for promotion based on their experience and know-how. Specific health and safety measures might be necessary, and older workers should benefit from pre-retirement programmes, if they so wish. The cumulative effects of discrimination against female workers through the life cycle might require targeted measures to achieve equality and guarantee fair wages, equal opportunities for promotion and equal pension rights;
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 35
- Document type
- General Comment / Recommendation
- Paragraph text
- Obligations to protect include, inter alia, the duties of States to adopt legislation or to take other measures ensuring equal access to health care and health-related services provided by third parties; to ensure that privatization of the health sector does not constitute a threat to the availability, accessibility, acceptability and quality of health facilities, goods and services; to control the marketing of medical equipment and medicines by third parties; and to ensure that medical practitioners and other health professionals meet appropriate standards of education, skill and ethical codes of conduct. States are also obliged to ensure that harmful social or traditional practices do not interfere with access to pre- and post-natal care and family-planning; to prevent third parties from coercing women to undergo traditional practices, e.g. female genital mutilation; and to take measures to protect all vulnerable or marginalized groups of society, in particular women, children, adolescents and older persons, in the light of gender-based expressions of violence. States should also ensure that third parties do not limit people's access to health-related information and services.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Adolescents
- Children
- Older persons
- Women
- Year
- 2000
- Date added
- Aug 19, 2019
Paragraph
The right to education (Art. 13) 1999, para. 36
- Document type
- General Comment / Recommendation
- Paragraph text
- The Committee affirms paragraph 35 of its General Comment 5, which addresses the issue of persons with disabilities in the context of the right to education, and paragraphs 36 42 of its General Comment 6, which address the issue of older persons in relation to articles 13 15 of the Covenant.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 1999
- Date added
- Aug 19, 2019
Paragraph
Persons with Disabilities 1994, para. 4
- Document type
- General Comment / Recommendation
- Paragraph text
- In accordance with the approach adopted in the Standard Rules, this general comment uses the term "persons with disabilities" rather than the older term "disabled persons". It has been suggested that the latter term might be misinterpreted to imply that the ability of the individual to function as a person has been disabled.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 53
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should discourage and prohibit polygamous unions, in accordance with general recommendation No. 21, and ensure that upon the death of a polygamous husband, his estate is shared equally among his wives and their respective children.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 51
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties have an obligation to repeal all legislation that discriminates against older women in the area of marriage and in the event of its dissolution, including with regard to property and inheritance.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 50
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should adopt appropriate gender- and age-sensitive laws and policies to ensure the protection of older women with refugee status or who are stateless, as well as those who are internally displaced or are migrant workers.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 44
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should provide adequate non-contributory pensions, on an equal basis with men, to all women who have no other pension or insufficient income security, and State-funded allowances should be made available and accessible to older women, particularly those living in remote or rural areas.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 43
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should ensure that older women, including those who have the responsibility for the care of children, have access to appropriate social and economic benefits, such as childcare benefits, as well as access to all necessary support when caring for elderly parents or relatives.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 40
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties have an obligation to ensure equal opportunity in the field of education for women of all ages, and to ensure that older women have access to adult education and lifelong learning opportunities as well as to the educational information they need for their well-being and that of their families.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 39
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties have an obligation to ensure that older women have the opportunity to participate in public and political life, and hold public office at all levels and that older women have the necessary documentation to register to vote and run as candidates for election.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 35
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should ensure that climate change and disaster risk-reduction measures are gender-responsive and sensitive to the needs and vulnerabilities of older women. States parties should also facilitate the participation of older women in decision-making for climate change mitigation and adaptation.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 34
- Document type
- General Comment / Recommendation
- Paragraph text
- States parties should enable older women to seek redress for and resolve infringements of their rights, including the right to administer property, and ensure that older women are not deprived of their legal capacity on arbitrary or discriminatory grounds.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 16
- Document type
- General Comment / Recommendation
- Paragraph text
- Gender stereotyping, traditional and customary practices can have harmful impacts on all areas of the lives of older women, in particular those with disabilities, including family relationships, community roles, portrayal in the media, employers' attitudes, health care and other service providers, and can result in physical violence as well as psychological, verbal and financial abuse.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Gender
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 10
- Document type
- General Comment / Recommendation
- Paragraph text
- The general recommendation also provides guidance to States parties on the inclusion of the situation of older women in their reports on the implementation of the Convention. The elimination of all forms of discrimination against older women can only be achieved by fully respecting and protecting their dignity and their right to integrity and self-determination.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Older women and protection of their human rights 2010, para. 4
- Document type
- General Comment / Recommendation
- Paragraph text
- Current United Nations figures estimate that within 36 years there will be more people over the age of 60 than children under 15 years, globally. It is estimated that by 2050, the number of older people will be over 2 billion, or 22 per cent of the global population, an unprecedented doubling of the present 11 per cent of the population that is over 60.
- Body
- Treaty bodies: CEDAW - Committee on the Elimination of Discrimination against Women
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 39
- Document type
- General Comment / Recommendation
- Paragraph text
- Balancing risk and safety: Fears over the physical and human risks to which children are exposed within their local environments are leading, in some parts of the world, to increasing levels of monitoring and surveillance, with consequent constraints on their freedom to play and opportunities for recreation. In addition, children themselves can pose a threat to other children in their play and recreational activities - for example, bullying, abuse of younger children by older children and group pressure to engage in high risk-taking. While children must not be exposed to harm in the realization of their rights under article 31, some degree of risk and challenge is integral to play and recreational activities and is a necessary component of the benefits of these activities. A balance is needed between, on the one hand, taking action to reduce unacceptable hazards in children's environment, such as closing local streets to traffic, improving street lighting or creating safe boundaries for school playgrounds, and on the other hand, informing, equipping and empowering children to take the necessary precautions to enhance their own safety. The best interests of the child and listening to children's experiences and concerns should be mediating principles for determining the level of risk to which children can be exposed.
- Body
- Treaty bodies: CRC - Committee on the Rights of the Child
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Older persons
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 40
- Document type
- General Comment / Recommendation
- Paragraph text
- Similarly, recommendation 48 of the International Plan of Action on Ageing encourages Governments and international organizations to support programmes aimed at providing older persons with easier physical access to cultural institutions (museums, theatres, concert halls, cinemas, etc.).
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 36
- Document type
- General Comment / Recommendation
- Paragraph text
- Article 13, paragraph 1, of the Covenant recognizes the right of everyone to education. In the case of older persons, this right must be approached from two different and complementary points of view: (a) the right of older persons to benefit from educational programmes; (b) making the know-how and experience of older persons available to younger generations.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Education
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 29
- Document type
- General Comment / Recommendation
- Paragraph text
- In order to give effect to the provisions of article 9 of the Covenant, States parties must guarantee the provision of survivors' and orphans' benefits on the death of the breadwinner who was covered by social security or receiving a pension.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 28
- Document type
- General Comment / Recommendation
- Paragraph text
- In keeping with the recommendations contained in the two ILO Conventions mentioned above and with ILO Recommendation No. 162 concerning Older Workers, the Committee invites States parties to establish retirement age so that it is flexible, depending on the occupations performed and the working ability of elderly persons, with due regard to demographic, economic and social factors.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 26
- Document type
- General Comment / Recommendation
- Paragraph text
- Article 9 of the Covenant provides generally that States parties "recognize the right of everyone to social security", without specifying the type or level of protection to be guaranteed. However, the term "social security" implicitly covers all the risks involved in the loss of means of subsistence for reasons beyond a person's control.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 23
- Document type
- General Comment / Recommendation
- Paragraph text
- The right "to the enjoyment of just and favourable conditions of work" (art. 7 of the Covenant) is of special importance for ensuring that older workers enjoy safe working conditions until their retirement. In particular, it is desirable to employ older workers in circumstances in which the best use can be made of their experience and know-how.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 16
- Document type
- General Comment / Recommendation
- Paragraph text
- Older persons as a group are as heterogeneous and varied as the rest of the population and their situation depends on a country's economic and social situation, on demographic, environmental, cultural and employment factors and, at the individual level, on the family situation, the level of education, the urban or rural environment, and the occupation of workers and retirees.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
The economic, social and cultural rights of older persons 1995, para. 6
- Document type
- General Comment / Recommendation
- Paragraph text
- In 1992, the General Assembly adopted eight global targets on ageing for the year 2001 and a brief guide for setting national targets. In a number of important respects, these global targets serve to reinforce the obligations of States parties to the Covenant.
- Body
- Treaty bodies: CESCR - Committee on Economic, Social and Cultural Rights
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph