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The right to social security of the workers in the informal economy/ sector
The social security coverage should include provisions for health care, 23 sickness,24 old age,25
unemployment,26 employment injury,27 family and child support,28 maternity,29 disability,30
and survivors and orphans.31
States parties have an obligation to guarantee that health systems are established to provide
adequate access to health services for all. In cases in which the health system foresees private or mixed
plans, such plans should be affordable, in conformity with the essential elements enunciated in the
general comment no. 19. The CESCR notes the particular importance of the right to social security in
the context of endemic diseases such as HIV/AIDS, tuberculosis and malaria, and the need to provide
access to preventive and curative measures.
24 Cash benefits should be provided to those incapable of working due to ill-health to cover periods of
loss of earnings. Persons suffering from long periods of sickness should qualify for disability benefits.
25 States parties should take appropriate measures to establish social security schemes that provide
benefits to older persons, starting at a specific age, to be prescribed by national law. The CESCR
stresses that States parties should establish a retirement age that is appropriate to national
circumstances which take account of, inter alia, the nature of the occupation, in particular work in
hazardous occupations and the working ability of older persons. States parties should, within the limits
of available resources, provide non-contributory old-age benefits, social services and other assistance
for all older persons who, when reaching the retirement age prescribed in national legislation, have not
completed a qualifying period of contributions or are not otherwise entitled to an old-age insurancebased pension or other social security benefit or assistance, and have no other source of income
26 In addition to promoting full, productive and freely chosen employment, States parties must endeavor
to provide benefits to cover the loss or lack of earnings due to the inability to obtain or maintain suitable
employment. In the case of loss of employment, benefits should be paid for an adequate period of time
and at the expiry of the period, the social security system should ensure adequate protection of the
unemployed worker, for example through social assistance. The social security system should also
cover other workers, including part-time workers, casual workers, seasonal workers, and the selfemployed, and those working in atypical forms of work in the informal economy. Benefits should be
provided to cover periods of loss of earnings by persons who are requested not to report for work during
a public health or other emergency.
27 States parties should also ensure the protection of workers who are injured in the course of
employment or other productive work. The social security system should cover the costs and loss of
earnings from the injury or morbid condition and the loss of support for spouses or dependents suffered
as the result of the death of a breadwinner. Adequate benefits should be provided in the form of access
to health care and cash benefits to ensure income security. Entitlement to benefits should not be made
subject to the length of employment, to the duration of insurance or to the payment of contributions.
28 Benefits for families are crucial for realizing the rights of children and adult dependents to protection
under articles 9 and 10 of the ICESCR. In providing the benefits, the State party should take into account
the resources and circumstances of the child and persons having responsibility for the maintenance of
the child or adult dependent, as well as any other consideration relevant to an application for benefits
made by or on behalf of the child or adult dependent. Family and child benefits, including cash benefits
and social services, should be provided to families, without discrimination on prohibited grounds, and
would ordinarily cover food, clothing, housing, water and sanitation, or other rights as appropriate.
29 Article 10 of the ICESCR expressly provides that “working mothers should be accorded paid leave or
leave with adequate social security benefits”. Paid maternity leave should be granted to all women,
including those involved in atypical work, and benefits should be provided for an adequate period.
Appropriate medical benefits should be provided for women and children, including perinatal, childbirth
and postnatal care and care in hospital where necessary.
30In its general comment No. 5 ((1994) on persons with disabilities, the CESCR emphasized the
importance of providing adequate income support to persons with disabilities who, owing to disability or
disability-related factors, have temporarily lost, or received a reduction in, their income, have been
denied employment opportunities or have a permanent disability. Such support should be provided in a
dignified manner and reflect the special needs for assistance and other expenses often associated with
disability. The support provided should cover family members and other informal carers.
31 States parties must also ensure the provision of benefits to survivors and orphans on the death of a
breadwinner who was covered by social security or had rights to a pension. Benefits should cover
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