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Right to social security (art. 9)
26.
Article 9 of the Covenant provides generally that States parties
"recognize the right of everyone to social security", without specifying the
type or level of protection to be guaranteed. However, the term "social
security" implicitly covers all the risks involved in the loss of means of
subsistence for reasons beyond a person’s control.
27.
In accordance with article 9 of the Covenant and the provisions
concerning implementation of the ILO social security conventions - Convention
No. 102 (1952) concerning Social Security (Minimum Standards) and Convention
No. 128 (1967) concerning Invalidity, Old-Age and Survivors’ Benefits - States
parties must take appropriate measures to establish general regimes of
compulsory old-age insurance, starting at a particular age, to be prescribed
by national law.
28.
In keeping with the recommendations contained in the two ILO Conventions
mentioned above and with ILO Recommendation No. 162 concerning Older Workers,
the Committee invites States parties to establish retirement age so that it is
flexible, depending on the occupations performed and the working ability of
elderly persons, with due regard to demographic, economic and social factors.
29.
In order to give effect to the provisions of article 9 of the Covenant,
States parties must guarantee the provision of survivors’ and orphans’
benefits on the death of the breadwinner who was covered by social security or
receiving a pension.
30.
Furthermore, as already observed in paragraphs 20 and 21 above, in order
fully to implement the provisions of article 9 of the Covenant, States parties
should, within the limits of available resources, provide non-contributory
old-age benefits and other assistance for all older persons who, when reaching
the age prescribed in national legislation, have not completed a qualifying
period of contribution and are not entitled to an old-age pension or other
social security benefits or assistance and have no other source of income.
Protection of the family (art. 10)
31.
In accordance with article 10, paragraph 1, of the Covenant and
recommendations 25 and 29 of the International Plan of Action on Ageing,
States parties should make all the necessary efforts to support, protect and
strengthen the family and help it, in accordance with each society’s system of
cultural values, to respond to the needs of its dependent ageing members.
Recommendation 29 encourages Governments and non-governmental organizations to
establish social services to support the whole family when there are elderly
people at home and to implement measures especially for low-income families
who wish to keep elderly people at home. This assistance should also be
provided for persons living alone or elderly couples wishing to remain at
home.
Right to an adequate standard of living (art. 11)
32.
Principle 1 of the United Nations Principles for Older Persons, which
stands at the beginning of the section relating to the independence of older
persons, provides that: "Older persons should have access to adequate food,