First published in 1948, the International Social Security Review is the principal international quarterly publication in the field of social security.
Platform work confronts traditional social security law in two dimensions. First, it makes the distinction between dependent and independent work uncertain and unclear, as the borderlines between these blur. This is a profound challenge for social security law, because the criteria of dependent and independent work have to be precise. In the determination of work as dependent or independent, German law illustrates that a shift has taken place in determining employment status, moving from external and objective criteria to the contracting parties’ decision, which is to be executed under private law, but also respected under social security law. Second, platform work is heavily intertwined with digital communication, which has established a global environment for communication. Thereby, platform work can also facilitate international trade by making transnational work more accessible and efficient. Therefore, it seems necessary to examine the implications of platform work in international law. International law makes possible the choice of law, executed by the contracting parties. As a consequence, the protection of employees by social security law is related to the private law arrangements between the service provider and the service recipient. Gaps in social security protection of service providers are widespread. In many countries, awareness of the social protection deficits of platform workers has grown and responses to improve the social status of platform workers have come under scrutiny. Analysis reveals that there is a joint responsibility of the service provider and the service recipient to be bound to social security coverage under the same national legislation. Nevertheless, from an international law perspective, it is shown that reforms are confronted with restrictions under international law.
In a world of competing flag States and short-term employment, enjoying the benefits provided by a social security system is a difficult, if not impossible, task for many seafarers. The Maritime Labour Convention, 2006, has abandoned the flag State principle in favour of the residence principle for that reason. This article addresses the implementation challenges of this approach by examining the European Union case, and highlights the advantages of the residence principle in terms of administrative efficiency and effectiveness, enhanced coordination between social security contributions and personal income tax in cross-border situations, and better use of State aid measures.
Recent years have witnessed the significant expansion of social protection programmes around the world. Yet, a vast number of poor and vulnerable people, including children, women, ethnic minorities, and persons with disabilities, remain uncovered, especially in lower-income countries. This article argues that a better understanding of the principle of equality and non-discrimination, as defined under international human rights law, can guide practitioners and policy-makers to design and implement more inclusive social protection systems. Compliance with this principle is also necessary under the 2030 Agenda for Sustainable Development and the International Labour Organization’s social security standards. The article first analyses the scope and content of the legal principle of equality and non-discrimination, giving attention to the standards commonly used to assess compliance with it. It then applies these standards as analytical tools to assess how and when discrimination may occur in the implementation of non-contributory social protection programmes. Finally, it explores the challenges that social protection practitioners face when applying the principle of equality and non-discrimination in social protection programmes.
A key normative principle of transformative social policy is that it is rights-based. This implies that it be universal, as a right extended categorically to all persons in a defined situation, or to all citizens, or, in its most radical form, as applicable to all residents regardless of citizenship status. To be transformative, social policy also needs to tackle the root causes of inequalities and social injustices. In the recent past, approaches emerged in a number of countries in Southeast Asia and South Asia that pointed in the direction of universal, rights-based social policy. These suggest that a “social turn” took place – a shift to ideas and policies that prioritize social issues. In the cases under review (India, Myanmar, Nepal, Pakistan and Thailand), the trends towards a universal, rights-based approach to social services and social transfers were in each case politically driven and a result of changes in government – the social turns were the outcome of contestation. At present, these countries are experiencing political backlashes, with democratic processes and civil society under severe attack. This article seeks to make two points. First, a rights-based, transformative policy approach and a social turn do not come automatically: it is always the result of contestation, be it from the electorate and their interests groups, or from competition between political parties. Second, acquired rights and moves towards transformation can be dismantled. In the current global political rollback, there is a need to defend and fight for transformative and rights-based social policy.
The United Nations Universal Declaration of Human Rights of 1948 asserts that social security is an inalienable human right. Realizing this human right is often considered, simply, as a matter of political will and of administrative aptitude. In these terms, the progressive realization of the human right to social security may be viewed as the outcome of an appropriately-resourced political and bureaucratic process. Such a perspective, however, is clearly inadequate. Characteristically, bureaucracies are designed to cater to the needs of all, based on common procedures and common deliverables designed for the “typical” case. Yet such approaches often lack the necessary flexibility and resources to make a distinction between individuals, which acknowledge their respective differences and needs. To meet the international commitment to progressively realize universal social security coverage, social security administrations are key actors. However imperative this role may be, if the pursuit of this commitment fails to respect people’s differences this will put at risk the meeting in full of what is envisioned by the human right to social security. To this end, this special issue aims to foster an understanding that the goal of universal coverage must necessarily also respect and respond to the individual needs of each and every person.
The possession and use of a personal social security number helps to structure people’s daily lives. However, despite its fundamental normative importance, the social security number remains a little-known entity. Increasingly universal and yet diverse in form, it is a legal and technical norm which is as much a mechanism for surveillance and monitoring as it is a necessary instrument for giving effect to social rights. Analysis of this constituent element of social security systems permits as assessment of some of the technical difficulties presented by the ever-increasing movement of people and data. Overcoming these technical difficulties should permit to envisage a first technical step towards realizing a universal and global social security system.
In June 2012, the 101st session of the International Labour Conference (ILC) adopted the Recommendation concerning national floors of social protection, 2012 (No. 202). This article explores the linkages between Recommendation No. 202 and the pre‐existing International Labour Organization (ILO) social security standards and its complementarity with these. In response to the questions as to whether the existing ILO social security standards have lost their relevance and whether the new Recommendation has been adopted with a view to replacing the existing ones, the article concludes that its adoption not only complements but also broadens and strengthens the existing international social security code. Together, Recommendation No. 202 and the ILO social security Conventions are viewed as providing a complete and adequate normative framework for the establishment and maintenance of comprehensive social security systems.
This article assesses the effectiveness of pension provision and health insurance in preventing ill health among older people in developing countries. It argues that, until recently, social protection agendas devoted insufficient attention to health risk prevention, instead focusing on the reduction of income poverty through cash transfers. The article shows that there is little reliable evidence to indicate that providing older people with pension benefits enhances their health status and that these effects should not be taken for granted by policy‐makers. The article then focuses on the effect of inclusion in health insurance schemes on health outcomes for older people, with specific reference to outcomes related to hypertension. Drawing on newly‐available data from the World Health Organization for Ghana, Mexico and South Africa, it shows that older people with health insurance are marginally more likely to be aware of health conditions such as hypertension and more likely to have them under control. Nevertheless, the great majority of hypertensive older people, insured or uninsured, are not effectively treated. The chief barriers to treatment are shown to be mainly related to awareness and service provision, rather than financial ones. Consequently, the capacity of pensions or health insurance to enhance health outcomes for older people in such countries, including in rural areas, is heavily contingent upon health education, health screening and adequate health service provision. These interventions should be viewed as an integral element of mainstream social protection strategies, rather than adjuncts to them. Yet, in practice, social protection and health promotion continue to be treated as almost entirely separate spheres, thus presenting substantial institutional barriers to developing combined interventions.
The competitive pressures arising from European economic integration increasingly challenge the territorial sovereignty of national welfare states. This generates the need to situate domestic social security schemes amid the European Union's national and supranational as well as economic and social spaces. At the trans‐national level, the European Commission's 2003 Institutions for Occupational Retirement Provision (IORP) Directive created the illusion that a single market for occupational pensions would shortly be within reach. This did not happen, however, as IORPs — being at one and the same time financial vehicles and social insurance institutions — embody the constitutional asymmetry between policies promoting market efficiency and policies promoting social protection. Whereas the elimination of financial and tax barriers has proceeded smoothly, harmonization of the social and labour components within the occupational pension domain did not occur, slowing down the development of pan‐European pension plans. Nonetheless the road towards a single occupational pension market is still open, with first positive results emerging from the greater involvement of corporate and supranational actors.