Defining the Rights to Social
Security and to Work of
Older Persons: The Role of
ILO Standards
Human Rights Social Forum
United Nations, Geneva, 2 April 2014
Emmanuelle St-Pierre Guilbault
Social Protection Department
International Labour Organization
The rights to work and social security
of older persons in HR instruments
In most instruments, e.g. UHDHR, ICESCR, CEDAW, formulated
in general terms:
 Right to adequate standard of living, social security and social
protection, including right to income security through
employment and social security, access to health care (incl.
LT care) and services, as well as social services
 Obligation of progressive realization; use of maximum of
available resources, starting with ensuring a minimum core
content (CESCR)
 Prohibition of deliberately retrogressive measures (CESCR)
 ILO standards give meaning and define the content of the right
to (work) and to social security , thereby constituting essential
tools for the realization of this right (CESCR)
The rights to work and social security
of older persons in ILO standards
 Since 1919, many Conventions and Recommendations adopted
by the ILO defining and giving substance to the rights of older
persons, in active life and beyond
 ILO standards embody the will of all ILO member States,
gathered in tripartite delegations at the ILC, to set standards for
themselves in a particular field, where a gap is identified, and
reflecting best practices worldwide
 They provide guidance for countries in the process of policy
development, reforms, development of schemes and measures
for the realization of these rights and related legal framework
 Thereby they constitute essential references and tools that can
be used to ensure that the human rights of older persons – to
work and to social security – become reality
The rights of older persons in active life and
beyond – right(s) to/at work and transition
 The Older Workers Recommendation, No. 162:
 Equality and opportunity of treatment – prevention of discrimination in
employment and promotional measures
 Employment protection measures
 Preparation for and access to retirement – “from working life to freedom
of activity” giving greater freedom to persons to decide when they wish
to stop working
– Transition should be progressive,
– Allow for voluntary retirement
– Coupled with provisions for flexible pensionable age
 The Discrimination (Employment and Occupation)
Convention, No. 111
 The Employment Policy Recommendation, No. 122
 The Human Resources Development Convention, No. 142
 The Employment Relationship Recommendation, No. 198
The rights of older persons in active life
and beyond – social security/protection
ILO social security standards provide an international reference
framework as to the range and levels of social security benefits and
guarantees that are necessary and adequate for ensuring:
 income security
 access to health care
 throughout the life cycle, including in active and in old-age
 under the general/overall responsibility of the State
The Social Security (Minimum Standards) Convention, No. 102,
and the Old-Age, Invalidity and Survivors’ Benefits
Convention, No. 128, and Recommendation, No. 131:
 make provision for the payment of pensions, i.e. periodical longterm benefits, in the case of old-age, disability and death of the
breadwinner
 at guaranteed minimum levels
 upon completion of a qualifying period
 to be regularly adjusted to maintain pensioners’ purchasing power.
The rights of older persons in active life
and beyond – social security/protection
Social Security (Minimum Standards) Convention, No. 102, and
Sickness and Medical Care Convention, No. 130, and
Recommendation, No. 134:
 Appropriate medical care (goods and services) should be provided in
respect of a condition that requires such care of a preventive or
curative nature, in case of “morbid condition” (ill-health)
 Define a benefit package of goods and services that should be
available to all protected persons, with a view to maintaining ,restoring
or improving their health and ability to work/attend personal needs
 Where cost-sharing is require, rules should be designed so as to
avoid financial hardship
 Protection against ill-health and against the financial consequences of
accessing HC highly relevant to older persons’ needs and
circumstances
 Access to health care a pre-requisite to the right to health of older
persons
The rights of older persons in active life
and beyond – social security/protection
The Social Protection Floors Recommendation, No. 202: Basic
income security and access to essential health care for all
 Firmly anchored in human rights; refers in its preamble to the UDHR
and the ICESCR,
 Calls for a guarantee of basic income security for all persons in old-age,
as part of national social protection floors which should allow life in
dignity.
 Nationally defined minimum levels, e.g. national poverty lines, social
assistance thresholds or other; should be established and regularly
reviewed through a transparent social dialogue procedure
 Acts as a safeguard against poverty, vulnerability and social exclusion in
old-age, for persons who are neither covered by contributory pension
schemes nor entitled to a pension under these schemes.
 It also protects pensioners whose benefits are affected by financial losses
of the fund, whose pensions are not regularly adjusted to changes in the
costs of living, or whose pensions are simply inadequate to secure effective
access to necessary goods and services and allow life in dignity.
The rights of older persons in active life
and beyond – social security/protection
The Social Protection Floors Recommendation, No. 202: Basic income
security and access to essential health care for all
 Access to essential health care (nationally defined set of goods and
services) should also be guaranteed, and form part of national social
protection floors, throughout the life cycle including in old-age.
 This minimum package should meet the criteria of availability,
accessibility, acceptability and quality.
 Persons in need of HC should not face hardship and an increased risk
of poverty due to the financial consequences of accessing essential
HC
The rights of older persons in active life
and beyond – social security/protection
Ten basic principles guiding national social security pension
systems
(1) Universal coverage: Everybody should be guaranteed at least basic
income security in old age.
(2) Benefits as a right: Entitlements to pension benefits should be prescribed
by national law. The law should specify the range, qualifying conditions and
levels of the benefits as well as complaints and appeals procedures.
(3) Protection against poverty: Pension systems should provide a reliable
minimum benefit guarantee that effectively protects people against poverty,
vulnerability and social exclusion, and allows life in dignity.
(4) Income security and adequacy: Older persons should live in basic income
security at least at a nationally defined minimum level. Those with earnings
equal to or lower than the reference wage should be guaranteed a pension of at
least 40 per cent of their pre-retirement earnings after 30 years of contributions
(as set out in ILO Convention No. 102).
5) Actuarial equivalence of social insurance contributions and pension
levels: A minimum replacement rate for all contributors adequately reflecting
the level of the contributions paid should be guaranteed.
The rights of older persons in active life
and beyond – social security/protection
Ten basic principles guiding national social security pension systems
(6) Guarantee of a minimum rate of return on savings: The real value of
contributions paid into savings schemes should be protected.
(7) Gender equality and gender fairness: Pension policies should follow the
principles of non-discrimination, gender equality and responsiveness to special
needs. Benefit provisions should be gender-neutral and gender-fair for working
parents.
(8) Sound financing: Pension systems should be financed in a financially, fiscally
and economically sustainable way with due regard to social justice, equity and social
solidarity, aiming at avoiding uncertainty about their long-term viability.
(9) Fiscal responsibility: Pension schemes should not crowd out the fiscal space
for other social benefits. Pensions should form part of a national social security
extension strategy aiming at closing gaps in protection through appropriate and
effectively coordinated schemes, reflecting national priorities and fiscal capacities.
(10) State responsibility: The State should remain the ultimate guarantor of the
right to income security in old age and access to adequate pensions.
The rights of older persons in active life
and beyond – social security/protection
 R. 202 can make a significant contribution to the realization of the
minimum core content of the right to social security, while preexisting standards provide tools for the progressive realization of
higher levels of protection
 R.202 provides a valid framework for countries at all levels of
development.
 For low and middle income countries where a major part of the population lives
in informality and is not covered by contributory social security
 For high income countries where the recent financial crisis has shown that there
is still a need to ensure a minimum of income security for the older generations
in some form of state guarantee of a minimum pension level, and preferably a
minimum overall replacement rate for the individual.
 The overall and primary responsibility of the State established by
ILO standards, is no doubt to play an important role in how
governments are in the future held accountable for the sustainability
of national social security systems in view of e.g. ageing.
Orientations for future standard-setting:
Addressing the needs for long-term care
ILC Conclusions on Employment and Social Protection in
the New Demographic Context, June 2013 (paras. 29-31)
29.Demographic transitions increase demand for the care sector. The promotion of this
sector and its long-term sustainability is essential to protect people and to ensure that they
live and age in dignity. The care sector also presents new opportunities for investment,
innovation and job creation. Good management of the sector is necessary to ensure the
provision of quality care. Professionalization of the delivery of care should be promoted.
30. Traditional care systems, which rely heavily on female family members to bear the main
burden of providing care services, are under increasing strain. The provision of care requires
the recognition of the complementary and fundamental roles of family, community and
professional care services. Care structures need to be developed that address the diverse
demand for care services. Accreditation and regulation of professional care services should
be promoted.
31. The right of care workers to decent work should be promoted, including by improving
working conditions, skills development and recognition and promoting gender equality.
 The ILC mandated the Office to develop a research agenda
on the care sector including an evidence-based analysis of
the potential gaps in current international labour standards
Thank you
Contact: Emmanuelle St-Pierre Guilbault
Social Protection Department
International Labour Organization
Email: st-pierre@ilo.org
Visit: www.social-protection.org
http://www.ilo.org/