Charter. Consequently, the right to social security is a right protected by Article 26 of the
Convention. 115
87.
Regarding the content and scope of this right, the Court has indicated that Article XVI
of the American Declaration recognizes the right to social security by stating that everyone
has the right to “social security which will protect him from the consequences of unemployment,
old age, and any disabilities arising from causes beyond his control that make it physically or
mentally impossible for him to earn a living.” 116 Likewise, Article 9 of the Protocol of San
Salvador establishes that “1. Everyone shall have the right to social security protecting him
from the consequences of old age and of disability which prevents him, physically or mentally,
from securing the means for a dignified and decent existence. In the event of the death of a
beneficiary, social security benefits shall be applied to his dependents;” and 2. “In the case
of persons who are employed, the right to social security shall cover at least medical care and
an allowance or retirement benefit in the case of work accidents or occupational disease and,
in the case of women, paid maternity leave before and after childbirth.”
In the universal sphere, Article 22 of the Universal Declaration of Human Rights
88.
establishes that “[e]veryone, as a member of society, has the right to social security and is
entitled to the realization, through national effort and international co-operation and in accordance
with the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.” Similarly, Article 25
emphasizes that “[e]veryone has the right to an adequate standard of living […] and the right
to security in the event of 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 Rights (ICESCR) recognizes “the
right of everyone to social security, including social insurance.” 117
89.
The right to social security is also recognized at the constitutional level in Honduras,
in Articles 142 to 144 of the 1982 Constitution. 118
90.
In relation to the foregoing, the Court reiterates that the right to social security is a
right that seeks to protect the individual from future contingencies which, should they occur,
could have harmful consequences for that person; therefore, measures should be adopted to
protect him or her. 119 In particular, this Court has adopted the ILO criterion that the right to
social security is the “protection that a society provides to individuals and households to
Case of Muelle Flores v. Peru, supra, para. 173, and Case of the National Association of Discharged and Retired
Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, supra, para. 157.
115
116
Adopted at the Ninth International Conference of the Americas held in Bogotá, Colombia, 1948.
Adopted and opened for signature, ratification and accession by General Assembly Resolution 2200 A (XXI),
of December 16, 1966. Entry into force: January 3, 1976.
117
118
“ARTICLE 142: Every person is entitled to the security of his economic means of subsistence in the event of
work disability or inability to obtain remunerated employment. Social Security services shall be furnished and
administered by the Honduran Social Security Institute and shall cover cases of sickness, maternity, family allowance,
old-age, orphanhood, forced lockouts, work injury, involuntary unemployment; occupational disease, and all other
contingencies affecting the capacity to produce. The State shall establish social welfare institutions that shall function
unified in a single state system with the contribution of all interested parties and the State. ARTICLE 143: The State,
employers and workers are required to contribute to the financing, improvement and expansion of social security.
The social security system shall be established in a gradual and progressive way, both as to the type of risks covered
as well as the geographic zones and the categories of protected workers. ARTICLE 144: It shall be considered in the
public interest to expand the social security system to urban and rural workers.”
Cf. Case of Muelle Flores v. Peru, supra, para. 183, and Case of the National Association of Discharged
and Retired Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, supra, para.
167.
119
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