CURRENT STATE OF SOCIAL PROTECTION IN BARBADOS AND THE OECS FROM A HUMAN RIGHTS PERSPECTIVE VINCENT LITTLE, POLICY ADVISOR/CONSULTANT FAO, SUB-REGIONAL OFFICE CARIBBEAN, BARBADOS

PRESENTATION IS BASED ON:  The findings of the study on legal frameworks on social protection  A workshop on “Strengthening Legal Frameworks for Social Protection in OECS and Barbados in the Context of Improved Governance for Food and Nutrition Security and Economic Development.”

Purpose of the study  Map existing legislation and programmes  Highlight the gaps in order to provide information for improving legal frameworks for social protection.  Stimulate debate on whether current social protection programmes are statutorily founded and human rights based  Determine the need for the adoption of a social protection model legislation

Scope of the study IDENTIFY AND ASSESS THE FOLLOWING: The legal basis of the programmes. Rights of beneficiaries Coverage and transparency of eligibility criteria - gender, migrants, etc. Special measures to ensure inclusion of disadvantaged groups Institutional accountability. Appeal mechanisms. Participation of civil society.

Methodology Reviews of: Existing legislation and programmes. :Country specific social safety net assessments and other secondary sources. Information based on: a. Questionnaires sent to Governments. b. Information garnered from participation in the Third Caribbean Workshop on Social Protection and International Cooperation (OAS) - Barbados, September, c. Comments and information received from UNICEF, UN Women, UNDP, World Bank and OAS.

Limitations of the Study 1. Difficulties assessing country level information programmes, operational manuals, etc. 2. Main sources of information on programmes were from secondary sources, interviews and answers to the questionnaires sent to the countries 3. Half of the countries did not provide answers to the questionnaires and/or did not make comments to the draft of the study.

Right to social protection Framework of the Study:  This study is framed by the understanding that the right to social protection is a human right under international law, and therefore social protection should be considered as an entitlement rather than merely a relief provided by government. (Blank et al, 2011 and Keetie – Sabates – Wheeler, 2012).

NATIONAL SOCIAL PROTECTION FLOORS Four Social security Guarantees: 1. Access to essential health care, including maternity care. 2. Basic income security for children, providing access to nutrition, education, care and any other necessary goods and services. 3. Basic income security for persons in active age who are unable to earn sufficient income, in particular in cases of sickness, unemployment, maternity and disability. 4. Basic income security for older persons.

Main Findings of the Study Social insurance schemes are all based and regulated by social insurance legislation Most social protection programmes are implemented in the absence of an appropriate legal framework and it is not viewed as a right of the beneficiaries In same countries there are some antiquated legislation in place whose language does not mention benefits and entitlements, but refer to traditional concept of relief to poor and destitute persons and families

Main Findings of the Study Most of the countries have adopted Education Acts that explicitly establish a rights-based mandate to the provision of education to children. With regards to vulnerable groups, there are no specific laws or regulations protecting them, particularly those with special needs, such as the elderly and people with disabilities. There are some legislations to protect children, but no country has adopted comprehensive child legislation that incorporates the Convention of the Rights of the Child. Migrant children and families might face additional challenges regarding access to education and social and assistance programmes. Some of the legislation requires citizenship or a long period of residency.

IS THERE A NEED FOR SOCIAL PROTECTION LEGISLATION? All countries explicitly recognised the need to adopt appropriate social protection legislation. In the absence of a well-established legal framework:  Programmes are more vulnerable to political manipulation

IS THERE A NEED FOR SOCIAL PROTECTION LEGISLATION? 3 – 7 countries = 0 ratified relevant human rights treaties related to social rights.

IS THERE A NEED FOR SOCIAL PROTECTION LEGISLATION? Legislation is a fundamental instrument in implementing the right to social protection. By clarifying the normative content of the right to social protection, a framework law would also provide individuals with a legal entitlement that when necessary may be enforced before the competent administrative and judicial authorities

LEGISLATION AGENDA Define the scope of the law Define the purpose and objectives of the law Define those who are governed by the law (Duty bearers and right holders). Recognise social protection as a right. Specify the various dimensions of the right to social protection in order to:  Facilitate the role of the authorities in charge of applying the law; and  Allow individuals to better understand their entitlements under this right and claim them in case of denial.

RESPONSIBLE INSTITUTIONS /DUTY BEARERS Establish which public (and private) institutions are responsible for fulfilling the rights included in the legislation Define clearly which obligations (functions and mandates) are within the competence of each institutions Designate the competent public authority/ authorities regulating the implementation of the law applicable to the functioning of the social protection system. Establish a coordinating ministry/institution for the implementation of the provision of the law at the national and local level

Non-Discrimination Enumerate prohibited grounds of discrimination in accordance with international human rights instruments. Establish mandates to achieve formal and substantive equality and to enable access to social protection by those who suffer from structural discrimination (e.g. such as women, persons with disabilities, minorities)

Non-Discrimination  Children’s rights and best interest of the child principle in adopting any decision that may affect children  The special situation of asylum seekers, refugees, migrant workers and their families - persons who may find themselves in the territory or subject to the jurisdiction of the State.  Multiple forms of discrimination that women experience, and their specific needs throughout their life cycle (childhood, adolescence, adulthood and old age) ACKNOWLEDGE:

Transparency Recognize the right of individuals and organisations to seek, receive and impart information about social protection programmes, application procedures and eligibility criteria. Recognize that right holders must be provided with essential information about the decision- making process, who is accountable and responsible for the implementation of the law and available administrative, quasi-judicial and judicial remedies in case of its violation. Implement outreach and communication activities to increase awareness of rights holders about entitlements through media and other means.

RIGHT TO PRIVACY & CONFIDENTIALITY Ensure privacy and confidentiality of all information belonging to beneficiaries that is collected and processed by the authorities for social protection purposes. Mandate that information must not be disseminated to other authorities or private institutions and used for other purposes without the consent of the beneficiaries.

ADMINISTRATIVE AND JUDICIAL REVIEWS Establish or designate administrative, quasi-judicial and judicial mechanisms. Include in the mandate of National Human Rights Institutions, where they exist, the monitoring of the provisions of the law and the right to social protection. Identify to which authority administrative complaints can be lodged and establish that administrative decisions regarding entitlements should be subject to judicial review before the competent courts. Recognize the right to a remedy in case of violation of the provisions of the law and preferably enumerate the types of possible remedies available

PARTICIPATION Establish substantive provisions on the right to participation. Establish adequate mechanisms for beneficiaries to participate in the design, implementation, monitoring and evaluation of social protection programmes Provide for civil society representation and consultations with beneficiaries and other stakeholders to participate actively in the process of making and implementing decisions that may affect their right to social protection

PROGRESSIVE BUDGET Preferably establish the progressive realization of the right to social protection. This also means that states cannot adopt retrogressive measures that would reduce social protection. (Any deliberately retrogressive measures with regard to a right would require the most careful consideration and would need to be fully justified by reference to the totality of the rights and in the context of the full use of the maximum available resources according the Committee on Economic, Social and Cultural Rights General Comment No. 3: The Nature of States Parties' Obligations, par. 9).

MONITORING Provide for an appropriate monitoring and evaluation mechanism and for the duty of the designated competent authority to report to other national authorities (e.g. parliament, human right commission, ombudsperson) Provide for a participatory system of monitoring that may include civil society representation and consultations with beneficiaries

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