Page 57 - KDU Law Journal Volume 4 Issue 2
P. 57
KDU Law Journal Volume 04 Issue II
September, 2024
the enjoyment of these human rights by everyone. In addition to this,
10
other international human rights treaties and regional human rights
11
treaties have given equal importance to the application of the right to
12
social security. The range of the minimum standard guaranteed by this
varies by country, and the specifics of the program depend on the national
regulations and the respective country’s socio-economic and political
context. Nonetheless, the measures and coverage of contingencies
13
are of universal standards. The social security measures include both
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contributory or insurance-based schemes like social insurance. Also,
it can be non-contributory schemes like universal schemes or targeted
social assistance schemes. For instance, countries like Sri Lanka have
a free education system, and Nepal, with its universal old age pension,
serve as a good example . Besides these two main forms of social
15
security, there are other forms of social security, including privately
run schemes, self-help, or other measures, such as community-based
or mutual schemes.
Though the effectuation of social security measures is different, it
plays a pivotal and mutual role in poverty reduction, preventing social
exclusion, and promoting social inclusion. For this scholarship, the
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10 General Comment No. 19, Committee On Economic, Social And Cultural Rights, Thirty-
ninth session, 5-23 November 2007 <:https://digitallibrary.un.org/record :>>(accessed on
3/20/2024)
11 Article 5(e) (iv) of the International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD); Articles 11, para.1(e) and 14, para. 2(c) of the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW); and Article 26 of the
Convention on the Rights of the Child (CRC)
12 Article XVI of American Declaration of the Rights and Duties of Man; Article 9 of the
Additional Protocol to the American Convention on Human Rights in the Area of Economic
Social and Cultural Rights (Protocol of San Salvador); Articles 12, 13, and 14 of the Euro-
pean Social Charter (and 1996 revised version)
13 General Comment No. 19, Para. 4(a,b) & 5, Committee On Economic, Social And Cultur-
al Rights, Thirty-ninth session, 5-23 November 2007 <:https://digitallibrary.un.org/record
:>> (accessed on 3/20/2024)
14 Ibid
15 Ibid, South Asian Regional Trade Council (4)
16 General Comment No. 19, Para. 3, Committee On Economic, Social And Cultural Rights,
Thirty-ninth session, 5-23 November 2007<:https://digitallibrary.un.org/record:>> (ac-
cessed on 3/20/2024)
law.faculty@kdu.ac.lk
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