26. Article 9 of the Covenant provides
generally that States parties “recognize the right of everyone to social
security”, without specifying the type or level of protection to be
guaranteed. However, the term “social
security” implicitly covers all the risks involved in the loss of means of
subsistence for reasons beyond a person’s control.
27. In accordance with article 9 of the
Covenant and the provisions concerning implementation of the ILO social
security conventions ‑ Convention No. 102 concerning Social Security
(Minimum Standards) (1952) and Convention No. 128 concerning Invalidity,
Old‑Age and Survivors’ Benefits (1967) ‑ States parties must take
appropriate measures to establish general regimes of compulsory old‑age
insurance, starting at a particular age, to be prescribed by national law.
28. In keeping with the recommendations
contained in the two ILO Conventions mentioned above and Recommendation No.
162, the Committee invites States parties to establish retirement age so that
it is flexible, depending on the occupations performed and the working ability
of elderly persons, with due regard to demographic, economic and social
factors.
29. In order to give effect to the provisions
of article 9 of the Covenant, States parties must guarantee the provision
of survivors’ and orphans’ benefits on the death of the breadwinner who was
covered by social security or receiving a pension.
30. Furthermore, as already observed in
paragraphs 20 and 21, in order fully to implement the provisions of
article 9 of the Covenant, States parties should, within the limits of
available resources, provide non‑contributory old‑age benefits and
other assistance for all older persons, who, when reaching the age prescribed
in national legislation, have not completed a qualifying period of contribution
and are not entitled to an old‑age pension or other social security
benefit or assistance and have no other source of income.