ILO legal and technical support

Changing peoples lives by providing ILO member States with legal and technical advisory services

The ILO has a vast experience in providing legal and technical assistance to its Members, ranging from setting up new social security systems and schemes, adapting existing ones, and reforming entire social security systems. It includes policy, legal and financial advice, actuarial valuations and studies, advice on the governance of social security schemes and their institutional set-up, as well as on the collection of data and assistance for the drafting of legislation. 

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Supporting States’ legal requests on social protection

The Social Protection Department (SOCPRO) of the ILO is providing technical support to member States through an integrated and multidisciplinary approach. Its success lies in its ability to match different technical aspects of social security (legal, policy, actuarial, public finance, macroeconomics, statistics, administration, etc.) through a tailor-made response that integrates the expertise of different ILO departments and offices and implicates national stakeholders.

As part of this wider support requested from SOCPRO, Governments and social partners regularly request legal support to ratify ILO standards and/or develop or reform social security schemes and national systems, in line with ILO social security standards.

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Developping Sound National Legal Frameworks based on Internationally agreed and recognized minimum Standards : the way forward for the effective extension of social protection

Everyone, as a member of society has a right to social protection (Universal Declaration of Human Rights, Articles 22 and 25). However, this fundamental human right remains unfulfilled for 5 billion people around the world.

In the absence of laws, social security is not an entitlement but a charity since it can be removed at any point in time. Anchoring national legal frameworks in sound and internationally agreed and recognized minimum standards such as Convention No. 102 helps to translate the right to social protection that is often recognized in countries’ Constitutions into a reality. Legal frameworks convert the broad social protection vision into specific systems based on rights and obligations. They also guarantee the sustainability of social protection systems and the stability and predictability of social protection provisions for beneficiaries.

The ILO together with other United Nations agencies are mandated to support States in creating and extending comprehensive social protection systems. ILO's main added value resides in the fact that it bases its support to its constituents on the principles and minimum benchmarks established in ILO’s social security Conventions and Recommendations which are the result of a tripartite process within the International Labour Conference.

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A solid legal advice for member states anchored in ILO’s social security standards

Legal support is more and more the centre of requests. This demand has significantly increased following the adoption of the Social Protection Floors Recommendation, No. 202 in 2012. This is not surprising since ILO uses a framework whose credibility lies on the internationally consensual approach provided by tripartite constituents from around the world. It also engages in legal advice backed by technical expertise. In addition, the support and advice provided is personalised to the nature and scope of each request.

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Tailor made legal technical assistance

The wide range of legal advisory services provided to ILO constituents and standards-related activities carried out by SOCPRO are key to guide the extension of social security and the development of comprehensive national social security systems worldwide. These include:

- support the drafting of national social security legislation;

- review and comment on draft social security legislation;

- advice on the establishment and reform of social security schemes, e.g. social insurance schemes, tax-financed schemes, and on identifying policy options, in line with ILO standards; and

- support drafting of bilateral and multilateral social security agreements for the effective coverage of migrant workers, etc.

- assessing compliance of their national legislation and practice with ILO social security standards;

- engaging in ratification of ILO social security Conventions;

- assisting constituents in meeting the legal and reporting obligations arising out of the ratification of social security Conventions; and

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Capacity building

SOCPRO also engages in an array of capacity building activities for tripartite constituents in the field of standards and legislation including through ILO’s Academy on Social Security, partnerships with many prominent Universities, regional and sub-regional conferences, meetings and workshops, and at the national level including through standalone activities or as a key component of legal review, ratification processes and wider TC projects.

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Supporting the global campaign

The ILO is also developing global tools and collaborating with the wider United Nations system and other donors in an array of activities to promote the extension of social protection through a rights-based approach. This includes the development of a how-to guide for drafting social security legislation and the collaboration on the new Social Protection and Human Rights platform.

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