Right to social security system

Social security is a concept which is recognized in article 22 of the UDHR. It states that
everyone as a member of society has the right to social security. It is realized and managed
through national effort and international cooperation and in accordance with the organization and
resources of each state, of the economic, social and cultural rights. Social security indispensable
for his dignity and the free development of his personality. In simple terms, the countries agree
that society, in which a person lives, should help them to develop and to make the most of all the
advantages (culture, work, social welfare) which are offered to them in the country.

Social insurance where people receive benefits or services in recognition of contributions to an

insurance program. These services typically include the provision for retirement pensions,
disability insurance, survivor benefits and unemployment insurance. Conventional social security
refers to modern and western concept of social security based on the experiences and
circumstances of the developed countries. The ILO has developed a standard definition of social
security which is largely informed by western experiences and concept of social protection. ILO
defines social security as “the protection which society provides in developed countries. Social
insurance refers to schemes that provide social protection to workers and their family against
future contingencies, the contingencies includes unemployment, employment injury, invalidity,
sickness, maternity, old age and death. Social insurance schemes are contributory as both
employees and employers contribute to the scheme.

In Nepal, following schemes for social security is practiced-

1. Employees provident fund

2. Social security fund
3. Sickness benefits
4. Maternity benefits
5. Employment injury benefits
6. Family and children care benefits
7. Old age benefits
8. Survivor benefits
9. Invalidity benefits
10. Medical care
11. Unemployment

Social security may also refer to the action programs of government intended to promote the
welfare of the population through assistance measures guaranteeing access to sufficient
resources for food and shelter and to promote health and well-being for the population at
large and potentially vulnerable segments such as children, the elderly, the sick and the
unemployed.
Article 43 in the constitution of Nepal 2072 has provided “ right to social security.”
Economically poor physically incapacitated and helpless person, helpless single women,
person with physical impairment, children, person who cannot look after themselves and the
citizens who belong to communities that are on the verge of extinction, shall have the right to
social security as provided for by law.

The social security act 2075 states that it is expedient to make necessary provision on the
protection of the right to social security of the indigent citizen, incapacitated and helpless
citizens, helpless single women, citizen with disabilities, children, citizen who are unable to
take care themselves and citizens belonging to the tribes on the verge of extinction.

Right to Development

According to Willy Brandt – “the concept of development contains not only the material
prosperity but also the idea of something more in the way of human dignity, security, justice
and equality.”

According to David Korten – “development is a process by which the member of society

increase their personal and institutional capacity to mobilize the resources”’

According to Michael Todaro – “development is a multidimensional process, involving

changes in structures, attitudes and institutions as well as the acceleration of economic
growth, the reduction of inequality and eradication of absolute poverty.”

Development can be understood in many dimensions, such as economic development, social

development, human development, equitable development, participatory development,
women and development, environment and development, sustainable development, inclusive
development, human right and development and so on.

From these definitions and dimensions, development is a process of social change can be
summarized in following points.

 It is very dynamic concept

 It is multidimensional process
 The way of completeness through incomplete
 It is never ending process
 It stresses to resource mobilization and institutional change
 It is a process of betterment
 It is a process of qualitative and quantitative change
 It is a process towards civilization
Right to development is a part of human right which fulfills basic needs of all citizens is directly
concerned with the right to live with dignity. People cannot live in static situation and they have
to participate in change, transformation as well as development. Development is the basic right
of citizen in which all citizens can maintain their livelihood in dynamic society.

The right to development was first recognized in 1981 in article 22 of the African Charter on
human and people’s right as a definitive individual and collective right. Article 22(1) provides
that, “all people shall have the right to their economic, social and cultural development with due
regard to their freedom and identity and in the equal enjoyment of common heritage of
mankind.” The right to development was subsequently proclaimed by the United Nations in 1986
in the declaration on the right to development which was adopted by the United Nations General
Assembly resolution 41/128.

The Right to Development is now included in the mandate of several UN Institutions and offices.
The preamble of the Declaration on the Right to Development states, “Development is a
comprehensive economic, social, cultural, and political processes which aims at the constant
improvement of the well- being of the entire population and of all individuals on the basis of
their active, free and meaningful participation in development and in the fair distribution of
benefits resulting there from.” The Right to Development is a relatively new human rights
concept. Its contents, nature and status are still under debate amongst academic scholars and
thereby in a stage of evolution

Right to Development includes:

1. Full sovereignty over natural resources

2. Self-determination
3. Proper participation in development
4. Equality of opportunity
5. Creation of favorable conditions for the enjoyment of other civil, political, economic,
social and cultural rights

Three fundamental core elements of Right to Development:

1. The human person is at the center of development

2. The process of development should be respectful of all human rights
3. Development should promote social justice