Page 56 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
With the pace of the growth in understanding the notions of human
rights, the right to social security has been strongly affirmed as a
human right in international law. Fundamentally, the Declaration of
Philadelphia, 1944 has explicitly outlined the human rights dimensions
of social security as “the extension of social security measures
to provide a basic income to all in need of such protection and
comprehensive medical care”. Such measures also include the Social
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Security (Minimum Standards) Convention, 1952 (No.102), other
instruments relating to medical care, sickness benefits, unemployment
benefits, old-age benefits, employment injury benefits, family benefits,
maternity benefits, invalidity benefits, and survivors’ benefit have
been developed. Broadly speaking, the ILO instruments do not have
a reservation clause; thus, they are non-derogatory in nature. But
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while offering protection in terms of scope and level of benefits to be
guaranteed, these instruments ensure flexibility on certain exception
clauses. 7

More importantly, the International Covenant on Economic Social
and Cultural Rights (ICESCR), 1966 affirmed the importance of
the right to social security for maintaining human dignity as it is
required for all persons of every state. To effectuate social security
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for all, the state must endorse the laws and mechanisms that ensure
the maximum utilization of the available resources to all without any
discrimination, including social insurance. The provisions enshrined
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in the covenant have wider coverage for its effectuation and guarantee

5 Declaration concerning the aims and purposes of the International Labour Organization
(ILO), annex to the Constitution of the ILO, Section III(f), <https://www.ilo.org/static/
english/inwork/cb-policy-guide/declarationofPhiladelphia1944.pdf ::>> (accessed on 15 03
2024)
6 Reservation,<::https://www.ilo.org/global/about-the-ilo/how-the-ilo-works/organigramme/
jur/legal-instruments ::> (accessed on 3/20/2024)
7 Ibid, International Labour Standards on Social Security (5)
8 International Covenant on Economic, Social and Cultural Rights (adopted 16 December
1966, entered into force 3 January 1976) 993 UNTS 1453 (ICESCR) art 9
9 International Covenant on Economic, Social and Cultural Rights (adopted 16 December
1966, entered into force 3 January 1976) 993 UNTS 1453 (ICESCR) art 2(1)
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