Right to Social Security (Articles 4, 5, 6, 15; 16; 18(1), (2) and (4)
80. The right to social security is of central importance in guaranteeing human dignity for
all persons when they are faced with circumstances that deprive them of their
capacity to fully realise their rights. Social security, through its redistributive
character, plays an important role in poverty reduction and alleviation and preventing
social exclusion and promoting social inclusion. The right to social security includes
the right not to be subject to arbitrary and unreasonable restrictions on existing
social security coverage, whether obtained publicly or privately, as well as the right
to equal enjoyment of adequate protection from social risks and contingencies.
81. Therefore, although the right to social security is not explicitly protected in the
African Charter, it can be derived from a joint reading of a number of rights
guaranteed under the Charter including (but not limited to) the rights to life, dignity,
liberty, work, health, food, protection of the family and the right to the protection of
the aged and the disabled.xxxiv In addition it is strongly affirmed in international law.
82. The right to social security imposes, amongst others, the following obligations on
States parties to:
Minimum Core Obligations
a. Ensure access to a social security scheme that provides a minimum essential level
of benefits to all individuals and families that will enable them to acquire at least
essential health care, basic shelter and housing, water and sanitation, foodstuffs,
and the most basic forms of education consistent with human life, security and
dignity.
National Plans, Policies and Systems
b. Take effective measures to fully realise the right of all persons to social security,
including social insurance. These measures include:
1.
Contributory or insurance-based schemes
2.
Non-contributory schemes such as universal or targeted social
assistance (where benefits are received based solely on need);
3.
Privately run schemes, and (d) self-help or other measures,
such as community-based or mutual schemes.
c. Ensure that a system, whether composed of a single or variety of schemes, is
available and in place to ensure that benefits are provided for the relevant social
risks and contingencies. The system should be established under domestic law, and
public authorities must take responsibility for its effective administration or
supervision.
d. Ensure that the social security system provides for the coverage of the following nine
principal branches of social security.
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