impose legally binding obligations that narrow the discretion of States. Moreover, when
human rights norms and principles are taken into account in the design, implementation,
monitoring and evaluation of these programmes, there are positive outcomes in regard to
the enjoyment of human rights as well as in regard to the effectiveness and sustainability of
the programmes.
Therefore, a rights approach to social protection programmes, and specifically Cash
Transfer Programmes (CTPs), enables States to better comply with human rights
obligations, while also increasing the effectiveness and sustainability of the programmes.
Let me explain briefly what I mean by “a human rights approach” to social protection and
indicate some of the specific recommendations that such an approach would entail:
2. Ensuring an adequate legal and institutional framework for social protection
The replication and expansion of CTPs has promoted the simultaneous development of a
wide range of different institutional and legal frameworks for these programs. In some
cases CTPs are institutionalised and incorporated into a national social protection strategy
and domestic laws. In most cases, however, CTPs are based only on presidential decrees,
policy statements or simply on operational manuals and guidelines.
A right-based approach requires states to have an adequate institutional framework. In this
regard, a main recommendation from a human rights point of view is to incorporate the
right to social security (social protection) in the Constitution and in domestic laws.
There are many advantages in this approach. First, it places social protection into a
framework of legally binding and enforceable rights and obligations. When States’
constitutions provide for the right to social security, beneficiaries of social protection
become “rights-holders” who can make claims against the State. Similarly, States and
development partners become “duty-bearers” responsible for allocating resources to social
protection in a manner that reflects human rights principles.