48 unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” For its part, Article 9 of the International Covenant on Economic, Social and Cultural Rights189 (ICESCR) also recognizes “the right of everyone to social security, including social insurance.” 182. Furthermore, the right to social security is established in Articles 10 and 11 of the 1993 Constitution of Peru.190 183. That said, from Article 45 of the OAS Charter, interpreted in light of the American Declaration and of other instruments mentioned, may be derived certain constituent elements of the right to social security. For example, this is a right that seeks to protect the individual from future contingencies that, should they occur, would have harmful consequences for that person; therefore, measures must be taken to protect them.191 In this particular case, the right to social security aims to protect an individual from situations that will arise when they reach a certain age and are physically or mentally unable to obtain the necessary means of subsistence for an adequate standard of living, which may, in turn, deprive them of their ability to fully exercise all their other rights. This aspect also concerns one of the constituent elements of the right, because social security must be implemented in a way that guarantees conditions that ensure life, health and a decent economic status. 184. Although the right to social security is widely recognized in the international corpus iuris,192 both the International Labour Organization (hereinafter “ILO”), and the United Nations Committee on Economic, Social and Cultural Rights (hereinafter the “CESCR”), following the principal instruments adopted by the former,193 have developed the content of the right to social security with greater clarity, which will allow the Court to interpret the content of the right and obligations of the Peruvian State pursuant to the facts of this case. 185. In general terms, the ILO has defined the right to social security as “the protection that a society provides to individuals and households to ensure access to health care and to guarantee income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner.”194 In the specific case of a retirement pension based 189 Adopted and opened for signature, ratification and accession by the General Assembly in Resolution 2200 A (XXI), of December 16, 1966. Entry into force: January 3, 1976. Ratified by Peru on April 28, 1978. In relation to Social Security, Article 10 establishes that: “The States Parties to the present Covenant recognize that: 2) Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. Article 10 establishes: “Right to Social Security. Article 10. - The State recognizes the universal and progressive right of every person to social security, for his protection from the contingencies specified by law and for the improvement of his quality of life. Article 11 establishes: “Free access to health benefits and pensions. Article 11.-The State guarantees free access to health benefits and pensions, through public, private or mixed entities. It also oversees their effective operation. The law establishes the National Government entity that administers the State pension regimes.” 191 Cf. Working Group to Examine the National Reports envisioned in the Protocol of San Salvador “Progress indicators for measuring rights under the Protocol of San Salvador,” OEA/Ser.L/XXV.2.1; GT/PSS/doc.2/11 rev.2, of December 16, 2011, para. 62. This document was based on the guidelines and criteria presented by the Inter-American Commission on Human Rights. 190 Article 11 of the United Nations Declaration on Social Progress and Development; Articles 11 and 13 of the United Nations Convention on the Elimination of All Forms of Discrimination against Women; Article 26(1) of the Convention on the Rights of the Child; Article 5 (e)( 1), iv) of the International Convention on the Elimination of All Forms of Racial Discrimination; Articles 27 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; Articles 12,13,14 of the European Social Charter. Includes articles of Conventions 102 and 128 International Labour Organization (Peru is not a party to the latter), and Recommendations 67, 167 and 202. 192 193 Cf. Convention C 102 International Labour Organization, Convention C128 International Labour Organization, Recommendation 67, 167 and 202 International Labour Organization. 194 ILO, “Social Security Facts”, publication of the International Labour Office, Geneva, Switzerland, June 6, 2003,