Geneva updates

Right to Social Security in the context of gender and unpaid work upheld by Committee on ESC Rights

We are very pleased to that the Committee on Economic, Social and Cultural Rights has released its Views in relation to MCTC v Ecuador, a case dealing with the right to social security in the context of unpaid work and gender discrimination.

The Committee found a violation of Article 9 (right to social security) and Articles 2(2) (prohibition on discrimination) and 3 (equal right of men and women to enjoyment of all economic, social and cultural rights) in conjunction with Article 9.

The Global Initiative for Economic, Social and Cultural Rights worked with colleagues within the ESCR-Net Strategic Litigation Working Group and the Women and ESCR Working Group and sent a third party intervention to the committee in October 2017, providing commentary and recommendations in relation to the following positions:

  1. States parties must ensure that existing social security systems are enjoyed without discrimination, including for women who undertake unpaid care work

  2. States parties should take positive measures to ensure social security protections for persons unable to access or benefit from existing social security systems, particularly for older women

  3. States parties must ensure that existing social security systems facilitate access to information and are subject to due process, including the right to an effective remedy

See the Committee’s press release, which also links to the full decision. The case is currently available in Spanish only.

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