Presentation on theme: "Rights to Social Security Statewide Conference October 12, 2009."— Presentation transcript:
Rights to Social Security Statewide Conference October 12, 2009
The Sources of Law Organization of American States (OAS) Charter-- Declaration of Rights Man International Covenant on Civil and Political Rights ICESCR Art. 9right of everyone to ss Art. 10(2)working mothers to adequate ss benefits Art. 10(3) – protection and assistance for children and youth Art. 11right to adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions
Convention on the Elimination of All Forms of Discrimination Against Women [CEDAW] Equal rights between men and women in … in the right to ss, retirement, sickness, invalid 11(2)(b) states to adopt appropriate measures to introduce social benefits during maternity leave 14(2) rural areas--no discrimination vs. women and right to benefit from ss programs
Principles Under IESCR progressive realization also implies that the state should generally avoid any deliberate regressive measures which reduce of the coverage of social security MCOs = minimum core obligation on states to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights. This MCO has a priority claim on the states resources. Implies that that the most disadvantaged and vulnerable group are provided with ss = elderly, people with disabilities and chronic illnesses and impoverished children. Accessible, affordable, timely and effective legal remedies should be available to redress violations of ESC rights.