As stated above, right to social security developed firstly as right to social security de
pending solely on the payments of a person. When the UDHR was adopted in 1948, all the Nordic countries and most countries in Europe had introduced some form of social security legislation. Common element of these systems was that they offered assistance to people in utmost need. Few of them were universal in the sense that they were available to the whole population, irrespective of the income. Some provisions were offered only to members of trade unions or other associations based on membership and solidarity.182
Universal Declaration on Human Rights was the first instrument where right to social se
curity was introduced in the international human rights discourse. Article 22 of the UDHR stated:
Everyone as a member of society, has the right to social security and is entitled to realisation through national effort and international cooperation 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.183
As codification of Covenants was delayed, codification of right to social security was ini
tiated by a specialized agency of UN – International Labour Organization. ILO adopted in 1951 Convention no 102 on Minimum Standards in Social Security defining 9 traditional be
nefits, coverage and the minimum level of benefits. ILO Committee of Experts started to supervise the implementation of these standard by reviewing regular reports of the states.
In the UN system, a more general codification of right to social security as human rights was made in the CESCR adopted in 1966:
“The State Parties to the present Covenant recognize the right of everyone to social security including social insurance.”
The majority of international instruments followed the model of UDHR and include the right to social security instead of narrow right to social insurance.
182Andreassen, 1999, p 459.
183Article 22 of the UDHR, see further Andreassen, 1999.
Development of international regional codification of right to social security has been not
ably progressive in Council of Europe's human rights protection system. European Social Charter of 1961 and Revised ESC of 1996 go further from simple protection of right to social security and provide more complete protection – it is the only treaty addressing all the aspects of social protection. In addition to the right to social security in provides for the right to social and medical assistance and the right to benefit from social services184.
Charter makes reference to ILO Convention no 102, the revised Charter refers to the European Code of Social Security of 1964. The Code has been amended with a protocol in 1964 providing higher levels of protection and widens the scope of persons. The Revised Cove of Social Security was adopted in 1990 and it provides for still higher standards and more flexibility. The Code is supervised by ILO Committee of Experts.
Also European Convention on Human Rights and European Court of Human Rights has developed the justiciability of right to social security through Additional Protocol no 1 art 1 protecting saved contributions.
When social security is considered, the ILO`s work and the standards it has developed is the most important source of interpretation and definition the right to social security. Right to social security is in the core of several ILO conventions and ILO as been the central developer of this right.
Creation of ILO was one of the results of Treaty of Versailles. Its aim was to create the conditions for social justice. The originality of ILO was that in all decisionmaking levels member states, employers and employees representatives were given right to vote.
ILO`s first conventions concentrated on the labour conditions. Soon however, the Confer
ence adopted several conventions that aimed the creation of national mechanism protecting workers from industrial and social risks.185
184Current research will deal only with right to social security in UN system and in the framework of ESC. See also European Code of Social Security (ECSS, 1964) adopted under the auspices of Council of Europe in 16.04.1964, entered into force 17.03.1968.
185See ILO Convention C 17 and ILO Convention C 18 on Workmen's Compensation; ILO Convention C 24 and ILO Convention C 25 on Sickness Insurance; ILO Convention C 35 and ILO Convention C 40 on Old Age, In
validity and Survivor's Insurance and ILO Convention C 44 on Unemployment Provision.
The notion of social risks is clearly defined in these first conventions and covers: sickness and medical care, unemployment, old age benefits, workers compensation, family and mater
nity benefits, disability and survivor's benefits.
The right to social security was developed in a context in which industrial work predomin
ated in Europe and other developed world and the male industrial worker as the family breadwinner was seen as the first direct beneficiary of this right.
III Social Security in UN system
United Nations human rights system is based on the UN Charter of 1945 and the Univer
sal Declaration on Human Rights of 1948. UDHR provides in 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.”
This is a general provision and it does not specify what is meant by this right. Further
more, it does not define the minimum core of social rights that should be “indispensable for the dignity and and personal development of the individual”. As explained by Andreasson, it was the intent of the drafters to avoid specification in order to give the possibility for specify
ing this provision for ILO and more specific international treaties186.
Article 25 of UDHR is more specific and provides that everyone has the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of live
hood in circumstances beyond his control as part of the right to adequate standard of living.187 Right to social security is substantiated by two Covenants – the CCPR and CESCR and the practice of their supervisory bodies.