The above captures and recognizes the right of everyone to social security including
social insurance which includes retirement benefits to ensure qualitative and
financial future for retirees.
48.Furthermore, the Applicant alleged the violation of Article 25 (1) of the UDHR which
is pari- material with Article 11of the ICESCR provides as follows:
“Everyone has the right to a standard of living adequate for the Health and
well-being of himself or herself and of his or her family, including food,
clothing, housing and medical care and necessary social services, and the
rights to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his
control.”
This article deals with a wide range of subjects; such as right to health, housing,
food and other means of livelihood which could occasion the violation of human
rights if the state by its act or omission fails to make provision for them to be
affordable and available to its citizens.
49.The Applicant also alleged the violation of Article 4 of the ACHPR which provides:
“Human beings are inviolable. Every human being shall be entitled to
respect for his life and the integrity of his person. No one may be arbitrarily
deprived of this right.”
This article prohibits the arbitrary deprivation of life which amounts to violation of
the rights to life. In a situation where the State denies access to the means of
livelihood which includes the denial of the right to pension, it has been held to
amount to a violation of right to life.
50.The Applicant equally alleged the violation of Article 2 of the ACHPR which is pari
material to Article 7 of the UDHR which provides :
“Every individual shall be entitled to the enjoyment of the rights and freedoms
recognized and guaranteed in the present charter without distinction of any kind
such as race, ethnic group, colour, sex, language, religion, political or any other
opinion, national and social origin, fortune, birth or any status”
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