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Published byCameron Carpenter Modified over 11 years ago
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Rights to Social Security Statewide Conference October 12, 2009
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The Sources of Law Organization of American States (OAS) Charter-- Declaration of Rights Man International Covenant on Civil and Political Rights ICESCR Art. 9right of everyone to ss Art. 10(2)working mothers to adequate ss benefits Art. 10(3) – protection and assistance for children and youth Art. 11right to adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions
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Convention on the Elimination of All Forms of Discrimination Against Women [CEDAW] Equal rights between men and women in … in the right to ss, retirement, sickness, invalid 11(2)(b) states to adopt appropriate measures to introduce social benefits during maternity leave 14(2) rural areas--no discrimination vs. women and right to benefit from ss programs
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Principles Under IESCR progressive realization also implies that the state should generally avoid any deliberate regressive measures which reduce of the coverage of social security MCOs = minimum core obligation on states to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights. This MCO has a priority claim on the states resources. Implies that that the most disadvantaged and vulnerable group are provided with ss = elderly, people with disabilities and chronic illnesses and impoverished children. Accessible, affordable, timely and effective legal remedies should be available to redress violations of ESC rights.
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