International Standards and Mechanisms on the Right to Social Security.
I am very pleased to be invited to address this seminar of the EU-China Human Rights
Network here at the renowned University of Essex. This is a key topic in any examination of human rights since the essentials of life which underpin all human rights are found within the right to social security. The right to social security, in my view, marks a distinct stage of development of human civilization. Where it is absent, human beings are unable to live with dignity and are reduced to basic survival, with all the worst consequences for society and future progress.
1
In this short presentation I will consider the international standards and mechanisms for achieving the right to social security in a few key areas. My colleagues will, I understand, be addressing the standards and mechanisms which operate at European level, through the Council of Europe and the European Union. Therefore, I will instead consider the standards and mechanisms arising from three international instruments. These are the
International Covenant on Economic, Social and Cultural Rights (ICESCR), 2 the
Convention on the Rights of the Child (CRC)
3
and the ILO Social Security (Minimum
Standards) Convention 1952.
4
1 Since 1598 there has been legislation in England for raising local taxes and appointing overseers of the poor, often with the basic approach of setting the poor to work, and this is often associated with the breakdown of feudal society and the basis for the Industrial Revolution in England.
2 UN Doc. A/6316 (1966) International Covenant on Economic, Social and Cultural Rights . UNGA
Resolution 2200A (XXI) (Entered into force 3 January 1976).
3 UN Doc. A/44/49 Convention on the Rights of the Child , adopted 20 Nov.1989, UNGA Resolution
44/25, 44 UN GAOR, Supp. (No.49) (Entered into force 2 Sep.1990).
4 ILO Social Security (Minimum Standards) Convention of 1952, (ILO No. 102). (Date of coming into force: 27:04:1955) .

There are also provisions guaranteeing the enjoyment, without discrimination, of the right to social security in the International Convention on the Elimination of All Forms of
Racial Discrimination
5
and the International Convention on the Elimination of All Forms of Discrimination against Women
6
. The International Convention on the Protection of the
Rights of All Migrant Workers and their Families 7 also contains an express provision on the right to social security. In addition to the provisions of the ILO Convention No. 102, there are several other ILO Conventions which are also relevant.
8
However, there is not sufficient time to address all of these in this short presentation.
As you will know the term “social security” first found its way into the Universal
Declaration of Human Rights in 1948,
9
which states in a short Article 22:
Everyone, as a member of society has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 25 also provides a further obligation on States and enhances the definition of social security. Refer to distinctions between contributory and non-contributory benefits, or to the divisive approach of morality and charity law concepts of “deserving” and
“undeserving” poor.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
This international recognition of the right to social security reflected the growth of social welfare measures especially in the Nordic countries, the US Social Security Act 1935, the
European plans for the post-war welfare state with universal entitlements, as well as the
5 UN Doc. ST/HR / International Convention on the Elimination of All Forms of Racial Discrimination , adopted 21 Dec. 1965, (Entered into force 4 January 1969).
6 UN Doc. A/34/46 (1979) International Convention on the Elimination of All Forms of Discrimination against Women , adopted 18 Dec. 1979, (Entered into force 3 Sept. 198).
7 UN Doc. A/48/49 (1993) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families , adopted 18 Dec. 1990, (Entered into force 19 March 2003).
8 These include the Maternity Protection Convention (revised), 1952 (No.103), Equality of Treatment
(Social Security) Convention, 1962 (no.1118), Employment Injury Benefits Convention, 1964 (No. 121),
Invalidity, Old Age, and Survivors’ Benefits Convention, 1967 (No. 128), Medical Care and Sickness
Benefits Convention 1969 (No. 130), Maintenance of Social Security Rights Convention, 1982 (No.157),
Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168).
9 UN Doc A/810 (1948) Universal Declaration of Human Rights, UNGA Resolution 2200A (XX1).
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steady influence of the ILO
10
and other developments. By 1952 minimum standards of social security had been defined by the ILO, and these were to be reflected in later UN instruments.
A.
The International Covenant on Economic, Social and Cultural Rights
(ICESCR).
11
The ICESCR again adopts the term social security in 1966 and states at Article 9::
The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.
Article 10 (2) also recognises the right of working mothers to “ adequate social security benefits”
and Article 10 (3) requires that States undertake special measures of protection and assistance for children and young people. The right to social security is clearly encompassed within Article 11 (1) which states:
12
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
Although the text of the ICESCR is quite brief regarding the right to social security and it is not elaborated in a specific General Comment,
13
the reporting guidelines place special emphasis on the list of specific branches of social security guaranteed under the ILO
Social Security (Minimum Standards) Convention of 1952, (ILO No.102) which are outlined below. State parties have a duty to respect, promote and fulfil the obligations set out in the Covenant, and these obligations are further elaborated in the Limburg
Principles .
14 Essentially, there is a minimum core obligation on States parties to ensure a threshold of social security in a non-discriminatory way, even if international assistance is required to achieve this. States are free to decide the manner of this provision. There is
10 See Andreasssen. B.A, ‘ Article 22’ , in Alfredsson. G, & Eide. A, (eds.) (1999) The Universal Declaration of Human Rights – A Common Standard of Achievement. The Hague: Kluwer Law International. Since
1598
11 See Craven, M. (1995 ) The International Covenant on Economic, Social and Cultural Rights.
Oxford:
Clarendon Press.
12 See Martin Scheinin , ‘ The Right to Social Security’ in Asbjorn Eide, Catarina Krause and Allan Rosas
(eds.) (2001) Social, Economic and Cultural Rights. The Hague: Kluwer Law International. p. 215.
13 The UNCESCR has issued a number of General Comments which relate to rights to social security, designed to assist States to fulfil their reporting obligations in relation to people with disabilities, older people, food and health. These General Comments act as standards alongside the Reporting procedures and the Concluding Observations of the Committee. See UN Doc. E/1995/22. General Comment 5.
The rights of persons with disabilities, 09/12/94 : UN Doc. E/1996/22 . General Comment 6 . The economic, social and cultural rights of older persons . 08/12/95: UN Doc. E/C.12/1999/5. General Comment 12. The right to adequate food . 12/5/99: UN Doc. E/C.12/2000/4. General Comment 14. The right to the highest attainable standard of health . 4/7/2000.
14 UN Document E/CN.4/1987/1. The Limburg Principles on the Implementation of the International
Covenant on Economic, Social and Cultural Rights .
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also an obligation to progressive realize the full extent of the rights set out in the
Covenant progressively, as resources are available.
15
Under the obligations of the
ICESCR, States are obliged to adopt legislative and other measures with a view to the progressive realisation of the right to social security. Such measures must be
‘deliberate, concrete and targeted as clearly as possible towards that goal
.’ 16
This also implies that any deliberate retrogressive measures would need to be ‘ fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.
’ 17
The necessity of the availability of appropriate means of redress and accountability for violations has also been emphasised by other guidelines.
18
The UN Committee on Economic, Social and Cultural Rights (UNCESCR) which monitors the States parties implementation of the obligations in respect of the Covenant has prepared a detailed set of question of State parties to address in the periodic reports.
19
It strives to develop a constructive dialogue with States parties, and seeks to determine through a variety of means whether or not the norms contained in the Covenant are being adequately applied in States. The UNCESCR, which accepts submissions and “shadow reports” from national NGOs in its deliberations, has now developed a body of literature and jurisprudence which clarifies the international standards and obligations imposed by the Covenant. From this it is possible for States parties and NGOs to extract a series of indicators and benchmarks, which would apply to their country. Indeed, it is intended that these could be seen as international homogenised standards giving effect to rights based approaches in each country. They incorporate among others, legal standards and norms, policy benchmarks, models of good practice and quality issues, as well as potential avenues for obtaining remedies and satisfaction in the areas of non-compliance. This marks an innovative approach, which exerts an international dynamic force in relation to the implementation of economic, social and cultural rights at national and local level.
20
The questions used by the UNCESCR in relation to examining the implementation of the right to social security include the following examples: 21
15 Alston, P. & Quinn, G . " The Nature and Scope of States Parties Obligations under ICESCR”, 9 HRQ
156-229 (1987).
16 See UN Doc. E/C.12/1999/11, Annex VI, para. 43. General Comment No. 11. on the right to education the obligations of the states parties are again emphasised the need “to take steps” towards the full realization of the right and that these steps must “be deliberate, concrete and targeted.”
17 UN Doc. E/1991/23. General Comment No. 3, The nature of States parties obligations (1990).
18 Maastricht Guidelines on Violations of Economic, Social and Cultural Rights. 20 Human Rights
Quarterly 691-704. (1998). See also Chapman, A.R. “A ‘Violations Approach’ for monitoring the
ICESCR”, 18 HRQ 23-66 (1996).
19 Monitoring takes place through periodic reports, but in 1996 the UNCESCR proposed a draft optional protocol for individual complaints under the Covenant. See UN Doc. E/C.12/1996/SR. paras. 44-49 and 54.
& UN Doc. E/CN.4/1997/105. 18 December 1996. Draft optional protocol to the ICESCR..
20 See Alston & Crawford (eds.) (2000) The Future of UN Human Rights Treaty Monitoring . Cambridge:
Cambridge University Press. See also Donnelly, J. and Howard, R. “Assessing National Human Rights
Performance: A Theoretical Approach” , 10 HRQ (1998): Green, M. “What We Talk About When We Talk
About Indicators: Current Approaches to Human Rights Measurement”, 23 HRQ 1063-1097 (2001).
21 See UN Doc. E/C.12/1991/. Revised general guidelines regarding the form and contents of reports to be submitted by states parties under articles 16 and 17 of the International Covenant on Economic, Social and
Cultural Rights . 17/06/91.
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 Please indicate what percentage of your GNP as well as of your national and/or regional budget(s) is spent on social security. How does this compare with the situation 10 years ago? What reasons are there for any changes?
 Please indicate whether in your country the formal (public) social security schemes described are supplemented by any informal (private) arrangements. If such is the case, please describe these arrangements and the inter-relationships between them and the formal (public) schemes.
 Please indicate whether in your country there are any groups which do not enjoy the right to social security at all or which do so to a significantly lesser degree than the majority of the population. In particular, what is the situation of women in that respect? Please give particulars of such non-enjoyment of social security.

Please indicate what measures are regarded as necessary by your Government in order to realize the right to social security for the groups mentioned above.

Please explain the policy measures your Government has taken, to the maximum of its available resources, to implement the right to social security for these groups.
Give a calendar and time-related bench-marks for measuring your achievements in this regard.

Please describe the effect of these measures on the situation of the vulnerable and disadvantaged groups in point, and report the successes, problems and shortcomings of such measures.
In case of subsequent reports, give a short review of changes, if any, in national legislation, court decisions, as well as administrative rules, procedures and practices during the reporting period affecting the right to social security.

Please indicate the role of international assistance in the full realization of the right enshrined in article 9.
The UNCESCR has provided some Concluding Observations at the end of the State party monitoring process, and a few recent examples will illustrate the approach;
22
 The Committee notes with concern that discrimination against persons with disabilities continues to exist in law and practice, particularly in relation to labour and social security rights .
 The Committee recommends that as the age of eligibility for the public pension system gradually increases from 60 to 65 years, the State party undertake measures to secure social security benefits for those retiring before the age of 65 .
 The Committee requests the State party to provide more extensive information in its next periodic report on the following issues which could not be sufficiently dealt with in the dialogue…social security and health services, and the rights of patients .

The Committee strongly recommends that the State party undertake measures to protect homeworkers and to ensure that they receive the official minimum wage, that they benefit from adequate social security and that they enjoy working conditions in conformity with the legislation.
 The Committee calls upon the State party to ensure that the two-year waiting period for the receipt of social security assistance by new immigrants does not infringe upon their right to an adequate standard of living.
22 UN Doc. E/C.12/1/Add.67. Concluding Observations of the Committee on Economic, Social and
Cultural Rights: Japan. 24/09/2001: UN Doc. E/C.12/1/Add.50. Concluding Observations of the Committee on Economic, Social and Cultural Rights: Australia. 01/09/2000.
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
The Committee requests the State party to provide additional, more detailed information, including statistical data which is disaggregated according to age, sex and minority groups, concerning the right to…social security, housing, health and education, in its fourth periodic report .
The UNCESCR has been working on developing benchmarks and standards in relation to the rights set out in the Covenant.
23 It has proposed that indicators and benchmarks need to established with national organisations as part of the development of national benchmarks and national monitoring by national Human Rights Commissions and
NGOS. National Action Plans, involving NGOs and others can be developed and
“scoped” by the Committee as part of the monitoring process.
24 This will allow a comparison over time as well as comparatively in the implementation of Covenants rights.
25
B. The Convention on the Rights of the Child (CRC).
26
The right to social security is again set out in Articles 26 and 27 of the CRC:
Article 26
1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.
Article 27
1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.
3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.
The UN Committee on the Rights of the Child (UNCRC) acts as the monitoring body and examines the record of each State party through regular reports based on a set of questions in a similar way to the UNCESCR.
27
23 UN Doc. E/EN4/2000/47. Report of Secretary General on indicators and benchmarks . See also UN Doc.
A/CONF.157/PC/73. (1993) Report on the UN Seminar on Appropriate Indicators to Measure
Achievements in the Progressive Realization of Economic, Social and Cultural Rights.
24 See UN Doc. E/C.12/2000/4. General Comment 14. The right to the highest attainable standard of health . 4/7/2000.
25 See Hunt, P. Round Table on Benchmarks for the Realization of Economic, Social and Cultural Rights.
25 th March 1998. See also UN Doc. A/CONF.157/PC/73. (1993) Report on the UN Seminar on Appropriate
Indicators to Measure Achievements in the Progressive Realization of Economic, Social and Cultural
Rights.
26 UN Doc. A/44/49. Convention on the Rights of the Child , adopted 20 Nov.1989, UNGA Resolution
44/25, 44 UN GAOR, Supp. (No.49) (Entered into force 2 Sep.1990).
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Under this section States parties are requested to provide relevant information, including the principal legislative, judicial, administrative or other measures in force; the institutional infrastructure for implementing policy in this area, particularly monitoring strategies and mechanisms; and factors and difficulties encountered and progress achieved in implementing the relevant provisions of the Convention, in respect of: …(d)
Social security and child care services and facilities (arts. 26 and 18, para. 3); (e)
Standard of living (art. 27, paras. 1-3).
28
The Committee examines the State party reports, raises further questions as necessary and then issue its Concluding Observations, such as the following.
29
Standard of living

The Committee notes the efforts undertaken by the State party, notably through the
National Five-Year Plan for Social and Economic Development (2000-2004), but remains concerned about the large number of children who do not enjoy their right to an adequate standard of living, including children belonging to poor families, children living in remote rural areas and street children. In addition, the Committee is concerned that not many children benefit from the social security system.

Noting the positive progress made by the State party in establishing a social security network in 14 States, the Committee is convinced that social security coverage needs to be extended further and strengthened.

The Committee recommends that the State party continue and strengthen its efforts to provide social security protection to children and their families.
Again, this monitoring of the right to social security by the UNCRC is developing a body of standards, jurisprudence and literature in relation to the implementation of this right.
30
C. The ILO Social Security (Minimum Standards) Convention 1952.
31
The ILO Social Security (Minimum Standards) Convention 1952 addresses rights to social security through the integral components of the right already developed by the
ILO:
 medical care (Part II)
 sickness benefit (Part III)
 unemployment benefit (Part IV)
 old-age benefit (Part V)
 employment injury benefit (Part VI)
27 UN Doc. CRC/C/5. General guidelines regarding the form and content of initial reports to be submitted by States Parties under article 44, paragraph 1(a), of the Convention : 30/10/91.
28 Ibid ., para 19.
29 UN Doc. CRC/C/15/Add.211. Concluding observations: Morocco : UN Doc. CRC/C/15/Add.190.
Concluding observations : the Sudan .
30 See Holmstrom, L. (2000) Concluding Observations of the UN Committee on the Rights of the Child.
The Hague: Kluwer Law International.
31 ILO Social Security (Minimum Standards) Convention of 1952, (ILO No. 102). (Date of coming into force 27/4/1955).
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 family benefit(Part VII)
 maternity benefit (Part VIII)
 invalidity benefit (Part IX)
 survivor’s benefit (Part X)
Since 1926, the ILO Committee of Experts on the Application of Conventions and
Recommendations and the Conference Committee on the Application of Standards were given responsibility for regular supervision of the observance by member States of their standards-related obligations. The mechanism for monitoring standards in relation to the right to social security by the ILO is based on a reporting system approved by the
Governing Body in November 1993.
32
Composed of 20 independent members, the
Committee of Experts is a legal body responsible for the examination of the compliance by ILO member States with Conventions and Recommendations. This examination takes place on the basis of reports sent by governments pursuant to questionnaires prepared by the ILO Governing Body. The Committee of Experts meets once a year. Upon the completion of its work, the Committee sends two reports to the Conference: the first contains its general report and observations concerning certain countries; the second is a general survey on a particular subject, covered by one or more of the Conventions or
Recommendations.
A first detailed report is requested the year following that in which a Convention comes into force in a given country. A second detailed report is requested two years after the first (or one year after, if that is the year when a periodic report is in any event due from all countries bound by that Convention). Subsequent reports are requested periodically on the understanding that the Committee of Experts on the Application of Conventions and
Recommendations may request detailed reports outside the normal periodicity.
Detailed reports are automatically requested every two years on some Conventions, regarded as priority Conventions. Simplified reports are requested every five years on other Conventions, but a detailed report is required where the Committee of Experts has made an observation or direct request calling for a reply, or where the Committee of
Experts considers that a detailed report should be communicated on account of possible changes in legislation or practice in a member State which might affect its application of the Convention. When no report is supplied or no reply is given to comments made by the supervisory bodies, or where there is repeated failure to reply or the reply is manifestly inadequate, the Committee of Experts may examine the matter on the basis of available information.
Governments are asked to indicate the authorities responsible for administration and enforcement of the relevant laws, regulations, etc., and to supply information on their activities. Governments are also asked to supply either a copy or a summary of relevant judicial or administrative decisions. Governments must give a general assessment of how the Convention is applied, with extracts from any official reports, statistics, details of
32 ILO. Handbook of procedures relating to international labour Conventions and Recommendations.
International Labour Standards Department. International Labour Office Geneva Rev.2/1998.
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contraventions of the legislation, prosecutions, etc. The monitoring process takes into account observations of employers' and workers' organizations. Observations are made by the Committee of Experts on the Application of Conventions and Recommendations concerning the application of a ratified ILO Convention in any particular country.
Observations are generally used in more serious or long-standing cases of failure to fulfil obligations. The observations are each year published in the report of the Committee of
Experts to the Governing Body to the annual International Labour Conference, and forms the basis for discussions of individual cases in the Conference Committee on the
Application of Standards.
Following the independent, technical examination of documentation carried out by the
Committee of Experts, the proceedings of the Conference Committee on the Application of Standards present an opportunity for representatives of governments, employers and workers to meet and review the manner in which States are discharging their obligations under and relating to Conventions and Recommendations. Governments are able to amplify information previously supplied, indicate further measures proposed, draw attention to difficulties met with in the discharge of obligations and seek guidance as to how to overcome such difficulties.
The ILO Conventions have been used for the past 75 years as the benchmark - the only universally accepted benchmark, according to the ILO, by which the rights and conditions of human beings at work have been measured. In addition to the detailed reporting mechanisms there is also a procedure for “representations,” and for complaints to be made to the ILO, under articles 24 and 26 of the Convention. The questions put to
States parties are very specific and are designed to extract specific information on standards.
All States which have ratified ILO Convention No. 102 are required to provide a report annually on its implementation by providing the relevant legal and statistical information requested in the standard Report Form.
33 This requests detailed information, both legislative and statistical, in relation to the key areas of social security as defined by the
ILO (set out above). Part XI sets out the standards for rates of periodic social security payments. This should be at least the recommended percentage of the total previous earnings of the beneficiary or his (sic) breadwinner, and of the amount of any family allowances payable to a person with the same family responsibilities as the standard beneficiary.
34
The previous earnings are to be calculated according to prescribed rules, and may be based on classes of earnings for particular types of work.
Table 1. Periodic payments to standard beneficiaries .
35
33 ILO. Report Form for the Social Security (Minimum Standards) Convention, 1952 (No. 102).
Geneva:
ILO. 1980.
34 Ibid., Part XI.
35 Ibid., Schedule to Part XI. This percentage of previous earnings of the beneficiary calculated according to the rules of Part XI forms the basis of a formula for the recommended minimum payments of social security for the particular circumstances shown.
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Part Contingency
III Sickness
IV Unemployment
V Old Age
Standard Beneficiary Percentage
Man with wife and two children 45
Man with wife and two children 45
Man with wife of pensionable age 40
VI Employment injury
Incapacity for work
Invalidity
Survivors
VIII Maternity
IX Invalidity
Man with wife and two children
Man with wife and two children
Widow with two children
50
50
40
Woman 45
Man with wife and two children 40
X Survivors Widow with two children 40
The International Labour Organisation also uses indicators to monitor States compliance with relevant instruments. The ILO machinery on indicators has been described as
“ monitoring standards which are quantifiable…the indicators used tend to be very specific.” 36 Indeed the ILO has developed a whole range of statistical analysis on developing quantitative performance indicators to assess the performance of social security schemes. National social protection systems are long-term commitments of society.
37
The ILO has developed statistical models covering pensions, health and social protection. In one of its comparative statistical studies, - The Cost of Social Security
1990-1996, the scope of the basic inquiry was to obtain for each country as complete a picture as possible of the receipts and expenditure on social security.
38
The tables for each country contain the basic social security receipt and expenditure figures as provided by the respective agency to the ILO, social security receipt and expenditure figures as a percentage of GDP and social security receipt and expenditure figures in US dollars.
Thus, the mechanisms for monitoring of rights to social on a monetary and comparative level have been developed by the ILO.
There are of course difficulties with monitoring of aggregate figures as indicators of rights implementation, since minorities may be excluded and variations in entitlements may be hidden. The use of indicators and benchmarks as proxies of rights has been commented upon at more than one meeting of the UNCESCR. In a working paper submitted by Mr Turk the Special Rapporteur to the Commission on Human Rights on the realization of economic, social and cultural rights, themes, issues and guiding principles, it was stressed that “ any indicators chosen for use in this manner must be in line with the legal definitions and content given to certain rights by the UN as a whole and the treaty or monitoring bodies in particular
.” 39
D. Conclusion.
The development and monitoring of standards within the right to social security faces with many issues common to the development of all socio-economic rights. Some point to the flexibility in the international obligations as offering “wiggle room” for States to
36 UN Doc. E/CN.12 Sub.2/1990/19, p. 12.
37 See ILO Website: http://www.ilo.org/public/english/protection/socfas/research.
38 See Website: http://www.ilo.org/public/english/protection/socfas/research/css/cssintro.htm
39 UN doc. E/CN.4/Sub.2/1991/WP.3. p.3.
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avoid hard and fast responsibilities.
40
Terms such as ‘maximum available’ resources can be interpreted in ways which allow the language of human rights to be tempered by the exigencies and political leanings of governments. “‘ Maximum' is the sword of human rights rhetoric; 'available' is the wiggle room for the state.” 41
There is clearly a continuous requirement to refine, sharpen and enforce the international standards and mechanisms of human rights law for promoting the right to social security. This takes place in the twenty-first century within the Gordian knot of economic and social policies, service delivery programmes, aggregated statistical data, direct and indirect discrimination and the complex public administration managerialist approaches. The human rights approach, however, offers the opportunity based on the fundamental and lasting principle of the individual human dignity of all to evaluate State action on internationally accepted incremental and comparative levels.
We need to use human rights indicators and benchmarks to develop this new vocabulary.
Indicators and benchmarks have an especially important role in relation to the shifting State obligations implicit in the concepts of progressive realization and maximum available resources.
Indeed, without human rights indicators and benchmarks, it is difficult to see how these elusive concepts can be effectively monitored.
42
END.
Dr. Padraic Kenna. Tuesday, April 20, 2004.
40 Leckie, S. "Another Step Towards Indivisibility: Identifying the Key Features of Violations of
Economic, Social and Cultural Rights" (1998) 20 HRQ 81, 94.
41 Robertson, "Measuring State Compliance with the Obligation to Devote the "Maximum Available
Resources" to Realizing Economic, Social and Cultural Rights" (1994) HRQ 693, 694.
42 See Hunt, P. Round Table on Benchmarks for the Realization of Economic, Social and Cultural Rights.
25 th March 1998.
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