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.

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