13
The right to social security of the workers in the informal economy/ sector
Adequacy. Benefits, whether in cash or in-kind, must be sufficient in quantity and
duration so that everyone may realize his or her rights to family protection and assistance, a
reasonable standard of living, and access to health care.32 Additionally,
States parties must also pay full respect to the principle of human dignity contained in
the preamble of the Covenant, and the principle of non-discrimination, so as to avoid
any adverse effect on the levels of benefits and the form in which they are provided.
Methods applied should ensure the adequacy of benefits. The adequacy criteria should
be monitored regularly to ensure that beneficiaries are able to afford the goods and
services they require to realize their Covenant rights. When a person makes
contributions to a social security scheme that provides benefits to cover lack of income,
there should be a reasonable relationship between earnings, paid contributions, and the
amount of relevant benefit.33
Accessibility. All persons, especially those belonging to the most disadvantaged and
marginalized groups, should be covered by the social security system, without any
discrimination. In order to ensure universal coverage, non-contributory schemes will be
necessary.34 In terms of eligibility, qualifying conditions for benefits must be reasonable,
proportionate, and transparent.35 Concerning withdrawal, reduction or suspension of benefits,
the CESCR stressed that it should be “circumscribed, based on grounds that are reasonable,
subject to due process, and provided for in national law.”36 It should likewise be noted that
beneficiaries should have physical access to the benefits and services, including the facilities
where to make the necessary contribution, if appropriate. Access to information on all social
security entitlements in a clear and transparent manner is essential.
Accessibility also includes the right to participate in the administration of the social
security system established under domestic law.37
funeral costs, particularly in those States parties where funeral expenses are prohibitive. Survivors or
orphans must not be excluded from social security schemes on the basis of prohibited grounds of
discrimination and they should be given assistance in accessing social security schemes, particularly
when endemic diseases, such as HIV/AIDS, tuberculosis and malaria, leave large numbers of children
or older persons without family and community support.
32 OHCHR and the right to social security, supra note 18.
33 General Comment No. 19 The right to Social Security, supra note 19.
34 Id.
35 Id.
36 Id.
37 See General Comment No. 19 The right to Social Security, supra note 19.