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Ursula Kulke, Co-ordinator for Standards, Social Security Department, ILO, Geneva

FORMACION SINDICAL SOBRE SEGURIDAD SOCIAL Curso A2-01024 La política normativa de la OIT en materia de seguridad social. Ursula Kulke, Co-ordinator for Standards, Social Security Department, ILO, Geneva. Turin , 1 3 October 2008. ILO Mandate in Social Security. The ILO Mission :

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Ursula Kulke, Co-ordinator for Standards, Social Security Department, ILO, Geneva

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  1. FORMACION SINDICAL SOBRE SEGURIDAD SOCIALCurso A2-01024La política normativa de la OIT en materia de seguridad social Ursula Kulke, Co-ordinator for Standards, Social Security Department, ILO, Geneva Turin, 13October 2008

  2. ILO Mandate in Social Security • The ILO Mission: • Preamble to the ILO Constitution: …to improve conditions of labour, inter alia, through the « prevention of unemployment, …the protection of the worker against sickness, disease, and injury arising out of his employment, the protection of children, young persons and women, provision for old-age and injury » • Declaration of Philadelphia1944: topursue… « the extension of social security measures to provide a basic income to all in need of such protection and comprehensive medical care » • ILC 2001: Conclusions of the ILC 2001 confirmed ILO Mandate in social security and requested the ILO to launch a global campaign for the extension of social security for all (launched in 2003)

  3. ILO’s main tools for pursuing its mandate…. • International Labour Standards • Conventions and Recommendations are adopted by the International Labour Conference of the ILO by 2/3 majority of ILO constituents • Conventions (188): • Are open for ratification • When ratified: become legal obligations • When not ratified: represent goals for national policy making • Recommendations (199): • Not open to ratification • Often accompany a Convention • Technical or policy guidelines

  4. ILO’s up-to-date social security Conventions….. • C. 102 on Social Security (Minimum Standards) • C. 121 on Employment Injury Benefits • C. 128 on Old-Age, Invalidity and Survivors’ Benefits • C. 130 on Medical Care Benefits • C. 168 on Unemployment Benefits • C. 183 on Maternity Benefits • C. 118 on Equality of Treatment in Social Security • C. 157 on Maintenance of Migrant Workers Rights

  5. Social Security (Minimum Standards) Convention, 1952 (No. 102)….. Flagship Convention • Convention No. 102 is built upon the basis that there is noright model for social security, and that social security grows and evolves over time. Social security policies should reflect countries’ social and cultural values, their history, their institutions and their level of economic development • The Convention therefore does not prescribe a certain behaviour of the member states, it rather fixes a set of minimum objectives built on commonly agreed principles which fixes the social floor for all the ILO member States

  6. Social Security (Minimum Standards) Convention, 1952 (No. 102)….. Flagship Convention • Defines 9 branches of social security • Medical care benefit, sickness benefit, unemployment benefit, old-age benefit, employment injury benefits, maternity benefit, family benefit, Invalidity benefit, survivors’ benefit • Sets minimum standards for these nine branches • Based on basic social security principles

  7. Social Security (Minimum Standards) Convention, 1952 (No. 102)….. Flagship Convention • Sets minimum standards for the nine branches • Minimum percentage of personal coverage • Minimum level of benefits • Maximum qualifying period for the entitlement to benefits • Minimum duration of benefits

  8. Convention Branches Convention No. 102 Conventions Nos. 121, 128, 130, 168, 183 Benefit Benefit Sickness Benefit 45 %1 60 % Unemployment Benefit 45 % 50 % Old-Age Benefit 40 % 45 % Employment Injury Benefits Short term Disability Survivors’ 50 % 50 % 45 % 60 % 60 % 50 % Family Benefit 3 % or 1,5 %)2 --- Maternity Benefit 45 % 2/3 of the woman’s previous earnings Invalidity Benefit 40 % 50 % Survivors’ Benefit 40 % 45 % Social Security (Minimum Standards) Convention, 1952 (No. 102)…..

  9. Social Security (Minimum Standards) Convention, 1952 (No. 102)….. Flagship Convention • Defines basic social security principles • Guaranteed, defined benefits • Participation of protected persons in administration • General responsibility of the Governments for • provision of benefits, and • proper administration of schemes, e.g. through regular actuarial reviews • Collective financing • Adjustment of pensions • Right of appeal • Equality of treatment

  10. Social Security Schemes to comply with Convention No. 102 ….. • Social insurance schemes • with earnings-related components, or • flat rate components, or • Combination of both • Universal schemes • Social assistance schemes Administrations to comply with Convention No. 102 ….. • Public social security schemes • Private social security schemes, if in compliance with minimum standards and basic principles

  11. Flexibility clauses of Convention No. 102…. • Offers flexibility, as it takes into account socio-economic levels within different countries by providing for specific temporary exception by covering at least 50% of all employees working at industrial establishments of 20 persons or more • Offers possibility of ratifying initially 3 social securitybranches and ratifying at a later stage, according to the socio-economic situation in the country, further branches, which is regarded as an incentive for extension of social security coverage

  12. Benefits of ratification of Convention No. 102 ….. • When Convention No. 102 is ratified, member States will benefit from ILO experience in the field of social protection and from technical assistance, including policy advice and actuarial studies, collection of data, drafting of legislation, etc. • Commitment to Convention No. 102 will lead to provide regular and sustainable benefits, thus it will enhance confidence of the insured persons in the scheme and the national social security administration • As a result: Social security in ILO member States will be strengthened

  13. Ratification Map of Convention No. 102(ratified by 44 countries, 2008)

  14. Ratification Chart of Convention No. 102 France (1974) Germany (1958) Greece (1955) Iceland (1961) Ireland (1968) Israel (1955) Italy (1956) Japan (1976) Libya (1975) Luxembourg (1964) Macedonia (1991) Mauritania (1968) Mexico (1961) Montenegro (2006) Netherlands (1962) Niger (1966) Norway (1954) Peru (1961) Poland (2003) Portugal (1994) Senegal (1962) Serbia (2000) Slovakia (1993) Slovenia (1992) Spain (1988) Sweden (1953) Switzerland (1977) Turkey (1975) United Kingdom (1954) Venezuela (1982) Albania (2006) Austria (1969) Barbados (1972) Belgium (1959) Bolivia (1977) Bosnia and Herzegovina (1993) Bulgaria (2008) Dem. Rep.Congo (1987) Costa Rica (1972) Croatia (1991) Cyprus (1991) Czech Rep. (1993) Denmark (1955) Ecuador (1974)

  15. ILO Convention No. of No. Ratifications 102 44 121 24 128 16 130 15 168 7 183 13 Convention No. 102 has been ratifiedby44 ILO member States However: After the Governing Body decision in 2002 which classified the up-to-date standards, several member States indicatedstrong interest in ratification of C. 102,e.g.Argentina, Brazil, Bulgaria, Jordan, Mongolia, Romania, Russia, Ukraine, Similar developments regarding ratification of higher up-to-date standards,e.g.Korea concerning C. 121 Level of ratification of all up-to-date social security Conventions and ratification prospects….

  16. Relevance of ILO Social Security Conventions for…. • Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights ILO social security standards seve as main reference for interpretation and definition of the right to social security and implementation guidance • References to Convention No.102 in Concluding Observations and Comments of the CESCR • 1998: Poland • 2000: Georgia • 2001: Colombia, Honduras • 2003: Guatemala, Yemen • 2004: Azerbaijan, Chile, Kuwait, Malta • 2006: Morocco

  17. Impact of ILO Social Security Conventions on…. • Regional human rights and social security instruments • In the European Social Charter: reference for establishing the minimum level of social security in line with C. 102 (Art. 12 of EC) • European Code of Social Security: modelled after Convention No. 102 • CARICOM Agreement on Social Security, and • SADC Code on Social Security make reference to Convention No. 102 • Reference to Convention No. 102 • National social security systems and their legislation • Important impact on social security legislation all legislation all over the world • An examination of the country cases where the CEACR has observed non-compliance with ratified social security Conventions shows that, in most cases (in 75 cases since 1964), the national law and practice has been brought in conformity with the requirements of the Convention by ratifying States following the recommendations of the CEACR • The standards have had and still have substantial influence at the international, regional and national level

  18. THANK YOU

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