Page 59 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
The previous Constitutions of Nepal have also enshrined it as a
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basic human right. The Constitutional legacy is continuing in the
existing constitution as well.
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Overall, Nepal does not have a long history in the specific practice of
social security, albeit a member of the United Nations Organization
(UNO) , ILO , and also a state party of major international human
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rights and ILO’s instruments. But it is interesting to note that
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Nepal is neither a state party to the Social Security (Minimum
Standards) Convention, 1952 (No.102) (hereafter referred to as
ILO Convention No. 102), nor other social security instruments
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endorsed by the ILO.
The gradual growth of the concept and approaches of social security
are justified by the quantitative and qualitative development of
legislations and mechanisms. At present, the Contribution-Based
Social Security Act (hereafter referred to as CBSSA), 2017 (2074),
Contribution-Based Social Security Regulation (hereafter referred to
as CBSSR), 2018 (2075), Labour Act, 2017 A.D., Labour Regulation
2018 A.D., Social Security (Management Fund and Operation)
Regulation, 2011 (2067), the Social Security Scheme Operation

21 Article 26 of the Constitution of the Kingdom of Nepal, 1990 (2047), and Article 18 of
the Interim Constitution of Nepal (First Amendment), 2063 Chaitra 30 (April 13, 2007), and
Interim Constitution of Nepal (Second Amendment), 2064 Jestha 30 (June 13, 2007) (In the
Constitutional history of Nepal, right to social security had recognized as a fundamental
right in the Interim Constitution.)
22 Article 43 of the Constitution of Nepal (2015) states, “Right to Social Security: The in-
digent citizens, incapacitated and helpless citizens, helpless single women, citizens with
disabilities, children, citizens who cannot take care themselves and citizens belonging to the
tribes on the verge of extinction shall have the right to social security, in accordance with
law.” Also, Article 34(2) states, “Every labourer shall have the right to appropriate remuner-
ation, facilities, and contributory social security.”
23 Nepal joined the United Nations on 14 December 1955
24 Nepal joined the International Labour Organization in 1966
25 ‘Ratification Status for Nepal’ <https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/
Treaty.aspx?CountryID=122&Lang=en> (accessed on 21 03 2024)
26 ‘Ratification Status for Nepal’ <www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:1120
0:0::NO::P11200_COUNTRY_ID:103197> (accessed on 21 03 2024)
27 International Labour Standards on Social Security (5) (accessed on 21 03 2024)
law.faculty@kdu.ac.lk
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