Social Security

Social Security

Explanatory note

Social protection systems, including access to pensions, are fundamental to women's economic empowerment. In the case of contributory pension systems, the primary source of discrimination is linked to contribution density, which can be impacted by gender-differentiated retirement ages or interruptions in women's working lives as a result of the reproductive and care roles they assume..

Binding ILO Convention

C102 – Social Security (Minimum Standards) Convention, 1952 (No. 102)

Legislation: Which are the main legislative sources analysed?

Constitution: general principles and sections relating to work and/or employment.

Labour laws (General Labour Laws, Labour Codes, Labour Relations Laws, etc.)

Equality laws: sections relating to the workplace and/or employment.

Social Security laws.

Sub-areas and criteria: What do we analyse in this area?

Sub-area Criterion

Contribution density

Whether the relationship between retirement age and the number of contributory years entitling a person to a retirement pension, as well as the amount of that pension, is proportionate between women and men (in cases where there are gender-differentiated retirement ages).

Social security contributions for unpaid care work

Whether social security systems recognise periods spent caring for dependants (e.g., additional contribution periods, voluntary contributions, etc.).

Provisions: What information is included in the comments?

Sub-area Provision

Contribution density

Same or different retirement age for women and men (specifying the retirement age), with the corresponding number of contribution months.

Social security contributions for unpaid care work

The right to have periods spent caring for dependants recognised within social security systems.

Recommendations: What criteria are used for the recommendation?

Contribution density

Estado Criterion Definition Binding recommendation
Preserve Where the contribution periods entitling a person to an old-age pension are proportionate to the retirement ages for women and men, in cases where these retirement ages differ. No further regulatory action is required. No recommendation is therefore made.
Expand Where the contribution periods entitling a person to a retirement pension are not proportionate to the retirement ages for women and men, in cases where these retirement ages differ. Review of the contribution density (making it proportional to the gender-differentiated retirement ages) in relation to the right to an old-age pension.
Reform Where the contribution periods entitling a person to a retirement pension are not proportionate to the retirement ages for women and men, in cases where these retirement ages differ. Review of the contribution density (making it proportional to the gender-differentiated retirement ages) in relation to the right to an old-age pension.
Eliminate Where there are no clear criteria to ensure proportionality between the required contribution periods and the retirement ages, leading to manifest inequalities in access to old-age pensions. Removal of any provisions that lead to disproportionate contribution requirements, thereby ensuring equitable criteria for access to old-age pensions.

Social security contributions for unpaid care work

Estado Criterion Definition Binding recommendation
Preserve Where the Social Security legislation recognises periods spent caring for dependants. No further regulatory action is required. No recommendation is therefore made.
Expand Where the Social Security legislation recognises periods spent caring for dependants, but only to a limited extent in terms of scope, duration or impact on benefits. Extension of the recognition of periods spent caring for dependants within the Social Security systems, ensuring that it has an adequate impact on access to and the level of benefits.
Reform Where the Social Security legislation does not recognise periods spent caring for dependants. Establish the right to have periods spent caring for dependants recognised within the social security system.
Eliminate Where regulatory provisions exist that unjustifiably limit the recognition of periods spent caring for dependants within social security systems. Removal of any provisions that limit or prevent the recognition of periods spent caring for dependants within social security systems.