ISSUE BRIEF

The Human -Based Approach to 02August 2016 Social Protection

This Issue Brief introduces readers to the -based approach to social protection. It highlights the fundamental principles of this approach, which are explored in detail at socialprotection-humanrights.org, and directs readers to the key human rights instruments and other tools that are available to help policy makers and practitioners advocate for and operationalize a rights-based approach to social protection.

The idea of social protection has gained law, states are legally obligated to establish momentum since 2000, coinciding with social protection systems. the implementation of the Millennium Development Goals agenda—and although Despite this backdrop of growing commitment the MDGs themselves gave insufficient to social protection, and of human rights attention to social protection, the idea mainstreaming in general, the norms and has now taken root. Indeed, as a way of principles of a human rights-based approach transforming our world towards greater to social protection remain poorly understood. equity, and sustainability, social protection figures prominently in the 2030 What is the Human Rights-Based Agenda for Sustainable Development, which Approach? was agreed by governments in September 2015. It receives explicit attention in three The human rights-based approach (HRBA) is of the 17 Sustainable Development Goals a conceptual framework which is applicable (SDGs): Goal 1 (End poverty in all its forms in all development fields, and that is everywhere), Goal 5 (Achieve gender equality normatively based on international human and empower all women and girls) and Goal rights standards and operationally directed to 10 (Reduce inequality within and among promoting and protecting human rights. It is countries). used to analyse obligations, inequalities and vulnerabilities, and to tackle discriminatory In combination with their inclusion in the SDGs, practices and unjust distributions of power social protection systems will be most likely that impede and undercut human rights. to deliver on their transformative potential if they have solid foundations in human rights. Under a human rights-based approach, plans, And indeed, under international human rights policies and programmes are anchored in a system of rights and corresponding obligations established by international law. This helps to socialprotection-humanrights.org promote sustainability, empowering people themselves (rights holders)—especially the This Issue Brief has been produced by UNRISD most marginalized—to participate in policy for Social Protection and Human Rights, a web- formulation and hold accountable those who based platform designed to provide expert legal and development resources on how have a duty to act (duty bearers). to better align social protection and human rights. The platform is made for policy makers, A human rights-based approach consists of a development practitioners and human rights number of essential attributes: advocates with the intention of strengthening a growing social protection community that cuts ■■As policies and programmes are across disciplines. formulated, the main objective should be to UNRISD has received support from the Ministry fulfil human rights. of Foreign Affairs of Finland for its work on ■■A human rights-based approach identifies Linking Social Protection and Human Rights. rights holders and their entitlements and corresponding duty bearers and their obligations, and works towards strengthening the capacities of rights holders to make their claims and of duty bearers to meet their obligations.

The Human Rights-Based Approach to Social Protection Issue Brief 02 | August 2016 2

The right to social security evaluation of social protection systems, visit socialprotection-humanrights.org/framework. The right to social security includes two main categories of measures: social insurance schemes, where beneficiaries are requested Legal Instruments to contribute financially; and social assistance schemes, which are non-contributory and Several human rights and social security typically funded by taxes. The latter are designed instruments encompass the basic principles to redistribute resources to groups deemed and norms which should be the foundation eligible due to vulnerability or deprivation. of social protection systems. They provide The right to social security encompasses the policy makers, development practitioners and right to access and maintain benefits. Benefits researchers with guidance on how to fulfil can be delivered in cash or in kind, and must be provided without discrimination to protect obligations to rights-holders. rights-holders from, for example: ■■ lack of work-related income caused by ill- International instruments health, disability, maternity, employment injury, unemployment, old age, or death of a At the international level, these instruments member; include the Universal Declaration of ■■ unaffordable ; Human Rights (Articles 22 and 25) and the ■■ insufficient family support, particularly for International Covenant on Economic, Social children and adult dependents. and Cultural Rights (ICESCR). Article 9 of CESCR General Comment 19 the latter states that “the States parties to the present Covenant recognize the right of ■■Principles and standards derived from everyone to social security, including social Through its international human rights treaties should insurance”. redistributive guide all policies and programming in all sectors, and in all phases of policy-making In its General Comment 19, the Committee character, social and programming processes. on Economic, Social and Cultural Rights protection plays an (CESCR), the supervisory body of the important role The Framework ICESCR, explains in detail the components in poverty reduction of the right to social security, with explicit The platform socialprotection-humanrights. attention to its transformative power. When and alleviation, org presents a Framework to assist policy implemented from a rights-based approach, preventing social makers and practitioners in designing, social protection, “through its redistributive exclusion and implementing and evaluating social protection character, plays an important role in poverty promoting social systems with a human rights-based approach. reduction and alleviation, preventing social inclusion. The Framework suggests building social exclusion and promoting social inclusion”. protection programmes around the following principles, which are based on international Three other relevant international human human rights instruments: rights instruments are the Convention on the Elimination of All Forms of Discrimination ■■Universality of protection against Women (CEDAW), which provides for ■■Dignity and autonomy the implementation of specific measures by ■■Equality and non-discrimination governments, such as adopting appropriate ■■Inclusion of vulnerable groups measures to introduce social benefits during ■■Gender perspective maternity leave (Article 11) and ensuring that ■■Transparency and access to information women in rural areas are also beneficiaries of ■■Meaningful and effective participation social protection programmes (Article 14); the ■■Access to accountability mechanisms and Convention on the Rights of the Child (CRC), effective remedies which recognizes the right of every child to ■■Respect of a standard of living adequate for the child’s ■■Comprehensive, coherent and coordinated physical, mental, spiritual, moral and social policies development (Article 27); and the Convention ■■Adequate legal and institutional framework on the Rights of Persons with Disabilities for long-term social protection strategies (CRPD), which requires that States parties ■■Standards of accessibility, adaptability and recognize the right of persons with disabilities acceptability to social protection without discrimination on ■■Adequacy of benefits the basis of ability (Article 28).

For more information on how to apply this The ILO Social Protection Floors Recom­ framework in the design, implementation and mendation, 2012 (No. 202)—“R202”—is

The Human Rights-Based Approach to Social Protection Issue Brief 02 | August 2016 3 the most recent international social security National social protection floors can and do standard. It provides guidance to countries vary in terms of their coverage, objectives, in building comprehensive social security design and level of institutionalization. systems and extending social security coverage However, by following a human rights-based through the establishment of national floors approach, they can significantly contribute to of social protection that are accessible to all ensuring the enjoyment of the right to social in need. It is a human rights-based approach security, including other economic, social and to social protection which, while not a legal cultural rights such as the right to adequate instrument in and of itself, provides states food, the , and the right to with a strong international normative basis education for domestic legal instruments and social protection systems using a HRBA. National Instruments

R202 in focus At the national level, a strong legal and institutional framework and a complementary R202 provides guidance to countries to: long-term strategy should be used to ■■ establish and maintain, as applicable, ensure the enjoyment of human rights social protection floors as a fundamental by the beneficiaries of social protection element of their national social security programmes. In their absence, social systems; protection guarantees are vulnerable to ■■ implement social protection floors within political manipulation. Adequate legal and strategies for the extension of social security that progressively ensure higher institutional frameworks also help social levels of social security to as many people protection to be seen as an inherent social as possible, guided by ILO social security entitlement or right, rather than as “charity” standards. for programme beneficiaries. Adequate legal According to R202, national social protection Most national constitutions include social and institutional floors should include at least four essential protection guarantees. These norms are frameworks help guarantees: often the basis for national legislation social protection to be ■■ access to at least essential health care, and institutional mechanisms for the seen as an inherent including maternity care; implementation of rights. In other words, ■■ basic income security for children, providing the incorporation of a human rights-based social entitlement access to nutrition, education, care and any or right, rather other necessary goods and services; approach in designing, implementing and ■■ basic income security for persons in working evaluating social protection systems is than as “charity” age who are unable to earn sufficient the outcome of the legal and institutional for programme income; especially in cases of ill-health, requirements in their constitutions. unemployment, maternity and disability; beneficiaries. ■■ basic income security for older persons. The HRBA in Brazil

Brazil’s 1998 Constitution recognizes a range National social protection floors of social rights, such as the , heath, employment, social security and R202 calls for nationally defined sets of protection of maternity, as well as the right basic social security guarantees that ensure to social assistance (Chapter II). It also sets that, over the life cycle, all those in need comprehensive social protection standards have access to essential health care and to for children and seniors (Chapter VII) and for basic income security which, together, secure indigenous peoples (Chapter VIII). effective access to the goods and services defined as necessary at the national level. The constitution also includes a number of In other words, the aim of social protection other important provisions for developing a floors is to ensure that all members of society rights-based approach to social protection, enjoy at least a minimum essential level of such as the right to in social protection throughout their lives. policy formulation and citizen oversight of actions at all levels (Art 204), equality When establishing social protection floors, before the law and access to information countries are required to comply with their (Chapter I). human rights obligations under international conventions and declarations, including the In compliance with these constitutional principles of universality, non-discrimination, principles and human rights, Brazil has transparency and accountability. gradually developed a legal and institutional

The Human Rights-Based Approach to Social Protection Issue Brief 02 | August 2016 4

Regional instruments international and regional human rights instruments and recommendations. Austria Several regional human rights instruments considers social policy “a key instrument in also guarantee the right to social protection. efforts to improve chances in life, alleviate The United Nations The African Charter on Human and People’s risks and manage crises”. A significant portion Research Institute for Rights, the American Declaration on the of GDP—between 28 and 31 percent—is used Social Development Rights and Duties of Persons, the Arab Charter on social protection.1 (UNRISD) is an on Human Rights, the ASEAN Human Rights Declaration and the European Social Charter autonomous research are among the instruments that provide a Austria’s system has two levels. Social institute within the UN legal basis for implementing social security insurance covers all who are gainfully system that undertakes standards. employed (and their dependents) with multidisciplinary research health, work accident, unemployment and and policy analysis on pension insurance, and parental leave the social dimensions framework for comprehensive social protec­ benefits. The public system provides of contemporary tion that includes the Organic Law on Social for rights-holders who are not part of the development issues. Assistance (Lei Orgânica da Assistência social insurance system. These programmes Social/LOAS, 1993) as well as a range of are administered by federal, provincial and Through our work, we institutions to support and coordinate social municipal authorities. aim to ensure that social programmes, including the Ministry of Social equity, inclusion and Development and Fight Against Hunger Additionally, the state provides universal justice are central to (Ministério do Desenvolvimento Social e social protection programmes. These include development thinking, Combate a Fome) in 2004. child tax credits, childcare allowances and policy and practice. social compensation systems for victims of The HRBA in Austria war and crime, as well as military service UNRISD gratefully veterans. Other services provided under acknowledges support Austria has a comprehensive system of social Austria’s social protection system include from its institutional and security and welfare schemes which include homes for the elderly, nursing homes, and project funders. See both contributory and non-contributory social employment schemes for special needs www.unrisd.org/funding protection programmes. The system is in populations. Non-citizens are also eligible for for details. line with many of the principles outlined in benefits. Our work would not be possible without 1 Federal Ministry of Labour, Social Affairs and Consumer their support. Protection. Social Protection in Austria, 2014. www.sozialministerium.at

About Issue Briefs www.unrisd.org

UNRISD Issue Briefs flag ideas and contribute knowledge that can improve the quality of development Palais des Nations debates, policy and practice. This set of Issue Briefs on Social Protection and Human Rights is meant 1211 Geneva 10 to raise awareness of the possibilities and the challenges of aligning social protection and human Switzerland rights. They present a range of key issues in order to catalyse discussion, and thereby to contribute to [email protected] the design, implementation and evaluation of human rights-based social protection systems. Copyright © UNRISD. Short extracts may be reproduced unaltered without authorization on condition that the source is indicated. For rights of reproduction or translation, apply to UNRISD. Download free from www.unrisd.org/ib2. ISSN 2518-6817. Photo Credit: UNESCO/Andrés Pascoe (CC)

The Human Rights-Based Approach to Social Protection