11
The right to social security of the workers in the informal economy/ sector
Availability. A social security system needs to be in place under domestic law to ensure
that benefits are effectively administered and supervised.21 The CESCR made it clear that
[t]he right to social security requires, for its implementation, that a system, whether
composed of a single scheme or variety of schemes, is available and in place to ensure
that benefits are provided for the relevant social risks and contingencies. The system
should be established under domestic law, and public authorities must take
responsibility for the effective administration or supervision of the system. The
schemes should also be sustainable, including those concerning the provision of
pensions, in order to ensure that the right can be realized for present and future
generations.22
21
22
OHCHR and the right to social security, supra note 18.
General Comment No. 19 The right to Social Security, supra note 19.