Resource
Module #3: Compliance and enforcement of legal frameworks
Summary
Traditionally, securing compliance has tended to focus exclusively or predominantly on enforcement mechanisms, in particular the use of penalties and other administrative sanctions to sanction non-compliance, as well as recourse to judicial review in case of alleged non-compliance. More recently, however, countries are increasingly engaged in a multidimensional and more holistic approach to securing compliance, whereby punitive strategies are complemented by promotional mechanisms to raise awareness and create a culture of social protection as one of the main pillars grounding each society’s social contract. While this module presents inspection and judicial redress mechanisms as key drivers of compliance, it addresses them within a broader set of mechanisms and other drivers that influence compliance by the various stakeholders involved in social protection. Reaching overall compliance with national social protection legal frameworks therefore implies putting in place a series of mechanisms conducive to compliance by leveraging the behaviour of all stakeholders involved.
This module reviews compliance from a broad perspective, identifying the main actors of the social security system whose responsibilities and actions are critical for ensuring compliance, starting with the State and its role in setting up a sound legal and institutional framework, including social security institutions as well as inspection and grievance mechanisms. The module also reviews the drivers aimed at securing compliance at the level and from the perspective of both employers and workers.
This learning module is part of the series “Governance of social protection systems: a learning journey”, developed in the context of the project “Achieving SDGs and ending poverty through Universal Social Protection”.