[{"command":"settings","settings":{"pluralDelimiter":"\u0003","suppressDeprecationErrors":true,"ajaxPageState":{"libraries":"eJxLzi9K1U8pKi1IzNFLyUzMyU_XS8xKrAAAajEI0Q","theme":"rimap","theme_token":null},"ajaxTrustedUrl":[],"csp":{"nonce":"hsGjm6Dd_JOW_H3LURDeog"},"user":{"uid":0,"permissionsHash":"aa71182581ac9d8b7fdf535efbd9231f2243f7dd74060a4c121bf6aa2541c2c5"}},"merge":true},{"command":"add_css","data":[{"rel":"stylesheet","media":"all","href":"\/sites\/default\/files\/css\/css_mC14btIbpvq2MlLlPcEiIIDwlT2D5Ahqs68qchaw-Ko.css?delta=0\u0026language=en\u0026theme=rimap\u0026include=eJxLzi9K1U8pKi1IzNFLzEqs0ElGEkjJTMzJTwcA8A8NXQ"}]},{"command":"add_js","selector":"body","data":[{"src":"\/sites\/default\/files\/js\/js_nNOCPZaYQr3UtoQvK7TKrDLq-pl2HrWIVsw0hc_h5CA.js?scope=footer\u0026delta=0\u0026language=en\u0026theme=rimap\u0026include=eJxLzi9K1U8pKi1IzNFLyUzMyU_XS8xKrAAAajEI0Q"}]},{"command":"openDialog","selector":"#drupal-modal","settings":null,"data":"\u003Ch5\u003ESocial protection\u003C\/h5\u003E\u003Cp\u003E\u003Cp\u003ESocial protection refers to \u201cpolicies and programmes aimed at preventing and protecting people against poverty, vulnerability, and social exclusion throughout their life [with] emphasis on vulnerable groups. It ensures that people can have an adequate standard of living and be protected from falling into destitution. Social protection includes both contributory social insurance-based schemes and non-contributory schemes (sometimes referred to as social assistance and social services), the due provision of which is the responsibility of the State. Contributory schemes often involve compulsory contributions from workers, employers and, in some cases the State. Non-contributory schemes are usually financed through taxes or other State revenues and may be available for all residents of the State, divided into categories for certain population groups, and\/or means-tested to secure protection against a particular risk or contingency, or in a situation of need. Where social protection programmes are inadequately funded, are not well developed, or have low coverage, international assistance, including technical and financial support, is important for building comprehensive and sustainable social protection systems.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EThe Refugee Convention guarantees that refugees lawfully staying in the country of asylum are treated the same as nationals regarding the right to social protection. Refugees lawfully staying in the country are those persons who are recognised and granted a status to stay lawfully in the asylum country as refugees.\u003Cem\u003E \u003C\/em\u003EThe Convention makes explicit reference to schemes concerning employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and other contingencies.\u0026nbsp;As an exception to this standard of treatment, special legislative arrangements can be made concerning refugees\u2019 benefits, or parts thereof, payable wholly out of public funds as well as in respect of pension allowances paid to persons who do not fulfil the contribution conditions for the award of a normal pension. Where refugees have not made the required contributions to a social security or insurance scheme, they may not be eligible, or may only be partially eligible, for \u201ctop up\u201d payments that may accrue to nationals if paid from State funds. This should not be used as pretext to refuse refugees social security or insurance benefits altogether.\u0026nbsp;The Global Compact on Refugees recognizes that vulnerable refugees and vulnerable host communities should have access to basic levels of assistance in a manner that is equitable in terms of coverage, targeting and levels of benefit?\u0026nbsp;\u003C\/p\u003E\u003Cp\u003E\u003Cstrong\u003ESocial insurance\u003C\/strong\u003E\u0026nbsp;\u003C\/p\u003E\u003Cp\u003ESocial insurance refers to State benefits under contributory schemes, for example in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, and unemployment, which involve compulsory contributions from workers, employers and, in some cases, the State. Both international refugee law and international human rights law (in particular ICESCR) recognise the right to social insurance, referring to it as \u201csocial security\u201d.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EInternational human rights recognize a right of everyone to social security, including social insurance. The right to social security encompasses the right to access and maintain benefits, whether in cash or in kind, without discrimination in order to secure protection, inter alia, from (a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) unaffordable access to health care; (c)\u202finsufficient family support, particularly for children and adult dependents.\u0026nbsp; Social security, through its redistributive character, plays an important role in poverty reduction and alleviation, preventing social exclusion and promoting social inclusion.\u0026nbsp;\u0026nbsp;\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003ERefugees\u2019 acquired social security or insurance rights, and rights in course of being acquired, need to be safeguarded. States must automatically extend to refugees the benefits of existing bilateral or multilateral social security or insurance agreements that exist between them, or agreements which may be concluded in the future. However, where there are no bilateral or multilateral social security or insurance agreements in place, or such arrangements are with a non-contracting State, rights to social security or insurance acquired abroad may be disregarded by the host State or only recognised in part.\u003Cem\u003E \u003C\/em\u003EIn the case of agreements between contracting and non-contracting States, the contracting State should give sympathetic consideration to extending the benefit of such agreements to refugees. The Refugee Convention sets a duty to assist refugees in a way that goes beyond national treatment in circumstances where laws prohibit the payment of a social security-survivor benefit to non-residents. Where the right to compensation exists for the death of a refugee due to employment injury or occupational disease, this right should still apply in cases where the beneficiaries reside outside the country where the death occurred. The right extends to having these benefits transferred to their place of residence. This applies even if nationals are not entitled to the same benefit if they reside abroad.\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EInternational human rights law protects the right of everyone to social security. Non-nationals, including asylum-seekers, who have contributed to a social security scheme should be entitled to benefit from the scheme. However, differential treatment between nationals and non-nationals is permitted if considered reasonable and objective and does not amount to discrimination. Further, developing countries are allowed to restrict access of non-nationals to social security. Recognizing the significant financial implications for States, the development of a social security system can be progressively realized, taking into account available resources and international assistance. \u0026nbsp;In addition to extending the scope of the right to social security to everyone, beyond the protection afforded only to refugees lawfully staying in the country under the Refugee Convention, ICESCR provides a minimum content to this right. A social security scheme should give coverage in respect of nine key social risks (healthcare, sickness, old age, unemployment, employment injury, family and child support, maternity, disability and survivors and orphans); be adequate in amount and duration to guarantee an adequate standard of living and adequate access to healthcare; and be accessible to everyone.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003E\u003Cstrong\u003ESocial Assistance\u0026nbsp;\u003C\/strong\u003E\u003C\/p\u003E\u003Cp\u003ESocial assistance (safety nets) refers to non-contributory, or publicly financed, benefits targeting, for example, persons below the poverty line or in need due to illness, age, physical or mental impairment, or other circumstances. It includes financial or in-kind benefits related to food; energy supply; social work and family support; emergency relief; and psychosocial, medical and hospital care. Social assistance is provided by the State on a needs basis from public funds raised generally through taxes.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003Cp\u003EThe Refugee Convention guarantees that refugees lawfully staying in the country of asylum are accorded the same treatment as nationals with respect to public relief. Refugees lawfully staying in the country are those persons who are recognised and granted a status to stay lawfully in the asylum country as refugees. Access to public relief or social assistance is a mechanism aimed at avoiding destitution and applies irrespective of any conditions of local residence or affiliation which may be required of nationals.\u0026nbsp;\u0026nbsp;Although the Refugee Convention is limited to lawfully staying refugees, everyone has a right to an adequate standard of living for themselves and their families, and not to be left in destitution. As such, efforts should be made to extend \u003Cem\u003Ede facto\u003C\/em\u003E access to social assistance for refugees and asylum-seekers, regardless of their legal status, taking into consideration situations where such systems are not able to absorb additional needs due to capacity or financial considerations.\u0026nbsp;\u0026nbsp;\u003C\/p\u003E\u003C\/p\u003E","dialogOptions":{"dialogClass":"general-guidance-popup","width":"50%","modal":true,"title":"General guidance related to this right category","classes":{"ui-dialog":"general-guidance-popup"}}}]