51
the administration of the social security system.202 The system should be established under national
law and ensure the right of individuals and organizations to seek, receive and impart information on
all social security entitlements in a clear and transparent manner, and v) Physical access: benefits
should be provided in a timely manner and beneficiaries should have physical access to the social
security services in order to access benefits and information, and make contributions where relevant
[…].
e) Relationship with other rights: The right to social security plays an important role in supporting the
realization of many economic, social and cultural rights.
188. Furthermore, General Comment No. 19 has established that the right of access to justice forms
part of the right to social security. Thus, any individuals or groups who have experienced violations
of their right to social security should have access to effective judicial or other appropriate remedies,
at both national and international levels, including adequate reparations. 203
189. States also have the obligation to facilitate the realization of the right to social security by
adopting positive measures to assist individuals and communities to enjoy this right. 204 Not only must
the States facilitate said exercise, but they must also ensure that “before any action is carried out
by the State party, or by any other third party, that interferes with the right of an individual to social
security the relevant authorities must ensure that such actions are performed in a manner warranted
by law, compatible with the Covenant, and include: (a) an opportunity for genuine consultation with
those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable
notice of the proposed actions; (d) legal recourse and remedies for those affected; and (e) legal
assistance for obtaining legal remedies[…].”205
190. That said, the Court considers that the nature and scope of the obligations derived from the
protection of social security include aspects that are immediately enforceable, as well as aspects of
a progressive nature.206 Regarding the former (obligations of an immediate nature), the Court recalls
that States must take effective measures to ensure access, without discrimination, to the benefits
recognized by the right to social security and equal rights for men and women, among other
matters.207 Regarding the latter (obligations of a progressive nature), this means that the States
202
Articles 71 and 72 of the ILO Social Security (Minimum Standards) Convention Nº 102 (1952) contains similar
requirements. Peru ratified that Convention on August 23, 1961.
203
Cf. UN, Committee on Economic, Social and Cultural Rights, General Comment No. 19. The right to social security
(Article 9), February 4, 2008, para. 77. See also ILO, Convention No. 102, Social Security (Minimum Standards) Convention,
June 28, 1952, adopted in Geneva, ILC 35th Session, Article 70, subparagraph 1, which establishes that: “1. Every claimant
shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.” See also, ILO,
Recommendation No. 202, Social Protection Floors Recommendation, of June 14, 2012, adopted in Geneva, ILC 101st Session.
Article 7 establishes that: “7. Basic social security guarantees should be established by law. National laws and regulations
should specify the range, qualifying conditions and levels of the benefits giving effect to these guarantees. Impartial,
transparent, effective, simple, rapid, accessible and inexpensive complaint and appeal procedures should also be specified.
Access to complaint and appeal procedures should be free of charge to the applicant. Systems should be in place that enhance
compliance with national legal frameworks.”
204
Paragraph 48 of General Comment No. 19 establishes that: “[t]he obligation to facilitate requires States parties to
take positive measures to assist individuals and communities to enjoy the right to social security. The obligation includes,
inter alia, according sufficient recognition of this right within the national political and legal systems, preferably by way of
legislative implementation; adopting a national social security strategy and plan of action to realize this right; and ensuring
that the social security system will be adequate, accessible for everyone and will cover social risks and contingencies.”
205
Cf. UN, Committee on Economic, Social and Cultural Rights, General Comment No. 19. The right to social security
(Article 9), February 4, 2008, para. 78.
206
Cf. Mutatis mutandis, Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 349, para. 104 and Case of Cuscul Pivaral et al. v. Guatemala, supra, para. 98.
207
Cf. UN, Committee on Economic, Social and Cultural Rights, General Comment No. 3: The Nature of States Parties’
Obligations (Art. 2, Para. 1, of the Covenant), December 14, 1990, U.N. Doc. E/1991/23, para. 3, and Committee on