To achieve this goal, this work will also examine two domestic social security systems adopted in Peru and Spain. The first examines the international standards of social security, analyzing and comparing the social security conventions adopted by the International Labor Organization and ratified by Peru and Spain. The third and final chapter studies the social security standards of the Council of Europe and Spain, offering a comparison between the regional and national social security systems.
In conclusion, this study shows the importance of having strong domestic social security rules in every region that meet international human rights standards. 3 ILO, International Labor Organization, “The right to social security in the constitutions of the world: widening the moral and legal space for social justice (Europe)”, 2016, p.
The Right to Social Security in the International Arena
- International Standards of the Right to Social Security
- Common provisions
- General and Specific Obligations of the States
- Illustrative cases before Committees of United Nations Office of the High Commissioner of
It suggests some rules that states should consider before paying disability benefits. Through the study of the various Conventions and Recommendations adopted by the ILO, some common provisions have been identified with the aim of ensuring the benefits established in the social security system. Committee for Economic, Social and Cultural Rights, General Comment no. 9: Internal Implementation of the Covenant, 3 December 1998.
International cooperation is very important for the full realization of the right to social security. 173. International cooperation goes hand in hand with the progressive realization of the right to social security.
Inter-American System of Human Rights and the Right to Social Security
Inter-American Standards
The Inter-American Commission on Human Rights has also had occasion to consider the dimensions of the right to equal protection. 243 OAS, American Convention on Human Rights, supra note 204, art. Released and retired employees of the Comptroller") v. KNDNJ has not yet examined the application of Article 26 in determining the justifiability of the right to social security.
The IACtHR should recognize the necessity of exercising a direct vindication of the right to social security and other economic, social and cultural rights within the inter-American human rights system. Finally, the Inter-American Commission on Human Rights in the report on the merits of the case Asociacion Nacional de Ex-Servidores del Instituto Peruano de Seguridad Social v.
The Inter-American Court’s Analysis of Peruvian Standards of Social Security
The State argued that the pension system of Decree-Law 20530 was closed for various reasons. The victims were three former employees of the National Peruvian Parliament during Fujimori's government. The victims filed a claim against the Peruvian government for violation of the right to a fair trial (Article 8 ACHR) and the right to judicial protection (Article 25 ACHR).
The Inter-American Commission submitted the case to the IACtHR for the violation of the rights claimed by the victims.315. Peru.318 The IACtHR declared Peru responsible for the violation of the right to a fair trial and judicial protection.319.
Current Legislation on Social Security in Peru
This benefit is also granted when the employee is still unable to work upon cessation of the sickness benefit.335. To obtain this benefit, the employee must contribute a payment of 4% of the disability pension to the ONP.345. To obtain this benefit, the ONP will retain 4% of the amount of the retirement pension to guarantee this benefit.356.
Persons entitled to this benefit are: a) the spouse of the deceased employee or pensioner; b) a spouse with a disability; In those cases, the amount to be paid for this benefit is 50% of the disability or old-age pension to which the employee was entitled Ministry of Economy and Finance, “The system of pensions in Peru”, supra note 273. p. The maximum amount paid to father and mother is 40% of the employee's or pensioner's old-age or disability pension.
This benefit provides additional coverage for occupational accidents and occupational diseases to the affiliates of the social security system in health. A proportional reduction of the benefit will be granted when the person has less than 15 years of service or contribution. A proportional reduction of the benefit must be granted when the person has less than 30 years of contribution or service.
Violation of the right to work is also a violation of the right to social security. A proportional reduction in benefit is given when the person has less than 15 years of contribution or employment. Monetary benefit: 60% of previous earnings (temporary or total disability), and 50% in case of death of the employee responsible for supporting the family.
The Council of Europe and the Right to Social Security
The Council of Europe and Social Security Standards
Rules of Procedure of the Government Committee for the European Social Charter and the European Code of Social Security. Intergovernmental Committee on the European Social Charter and the European Code of Social Security, ways to streamline and improve the reporting and monitoring system of the European Social Charter. 60 This European Code of Social Security has two versions, the original adopted in 1964.410 and the revised version of the Code adopted in 2009.
Countries that have ratified the 1964 Code are therefore not obliged to comply with the provisions of the 2009 Code if they have not ratified the latter. In addition to both codes, the Protocol of the 1964 European Social Security Code was drawn up with the aim of clarifying the provisions of the 1964 Code. Overview of signatures and ratifications of the Protocol to the European Social Security Code of 1964.
The 2009 Code not only increases the percentage of the benefit, but also recognizes the equality between men and women in receiving this benefit. Under the 2009 Code, states must ensure that public or private employers provide this benefit to at least 80% of the workforce; the Code of 1964 sets a smaller percentage equal to 50 %.525. The amount of this benefit depends on the composition of the family of the deceased breadwinner.
One of the differences between the Inter-American and the European System of Human Rights is the development of regional standards on social security issues. The ECtHR case law highlights the main issues raised by the members of the CoE regarding the protection of the right to social security. The next part of this analysis looks at how a specific country member of the Council of Europe, Spain, regulates the right to social security.
Spain and its system of Social Security
The cash benefit is for the purpose of paying a third person responsible for the employee's care.633. Finally, this benefit is terminated when there is no longer a need for direct and continuous care of the children. Normally, this benefit is provided to dependents of the breadwinner who received a retirement or permanent disability pension.697.
A proportional reduction in compensation is recognized if the person has less than 30 years of contributions or employment. Proportionate reduction of compensation when a person has less than 15 years of contributions or Cash compensation received: 60% of previous earnings (temporary or total incapacity) and 50% in the event of the death of an employee responsible for supporting the family.
50% to 65% of the previous earnings of the employee with the spouse and two children, in case of death of the employee 50. 50% of the previous earnings of the employee with the wife and two children; in case of the death of the employee 40. The KiE Code of 2009 provides that the measure of this benefit is 65% of the previous earnings of the employees, which is 5% more than the amount suggested by the ILO Recommendation No.
The 2009 Civil Code increases the percentage of this benefit to 65% of the previous earnings of the breadwinner where there is a surviving spouse with two children. Finally, the establishment of a paternity benefit by the EC Code of 2009 and the General Social Security Law of Spain represents an important advance for the protection of the right to social security. 19 of the United Nations Office of the High Commissioner for Human Rights on the right to social security and the EC social security codes.
101 The 2009 CoE Code sets the benefit amount at 65% of the former earnings of employees or apprentices, which is higher than the threshold set by ILO Convention No. In the case of the CoE Codes, it provides additional benefits for children of employees and apprentices.
CONCLUSIONS
If the employee is younger than 31 years: 1/3 of the time that has elapsed between the date on which the employee reached the age of 16 until the day on which the incapacity for work arose. Negligence of the employee in cooperating with the medical service. treatment or when the employee applies for an old-age pension. A proportional reduction in the benefit is granted if the person has made contributions or work for less than 30 years.
Cash benefit received: 55% of previous earnings. for additional months after 248 months. part of the right to . property/possession) Inalienable rights. part of justice. to property) Inalienable rights. Dependents of the breadwinner: wives, children, stepchildren, adopted children and illegitimate children. breadwinner: "spouses" and children "without distinction". spouses, children and other dependent relatives. Coverage of risks during childbirth and breastfeeding (100% of previous income; this payment is independent of maternity benefit).
Some of the civil rights involved in the right to social security are the right to life, property, judicial protection and the principle of non-discrimination. But states should also consider expanding the coverage of benefits offered and the types of benefits offered. To achieve this goal, comparative experiences with regional systems or particular countries can help to better understand the necessary components for a sound social security system.
The failure to establish good legislation may lead states to fail in their duty to protect, respect and fulfill the right to social security. However, before states impose a limitation or reduction on a social security benefit, they must ensure that the measure has previously been established by law, is necessary in a democratic society and pursues the social well-being of society. The majority of justified restrictions adopted by states are based on economic reasons or to correct abuses of the social security system for political reasons.