The ILO Social Protection Floors Recommendation and its relevance in the European context
| Author | Tineke Dijkhoff |
| Date | 01 December 2019 |
| Published date | 01 December 2019 |
| DOI | 10.1177/1388262719890980 |
| Subject Matter | Articles |
Article
The ILO Social Protection
Floors Recommendation
and its relevance in the
European context
Tineke Dijkhoff
University of Utrecht, the Netherlands
Abstract
This article discusses the Social Protection Floors Recommendation, 2012 (No. 202). This
instrument takes account of the global recognition that social security plays a key role in addressing
major challenges such as financial instability, growing inequality, insecure labour markets, large-
scale migration flows, and population ageing. A national social protection floor is meant as a tool to
prevent and reduce poverty and social insecurity by providing, over the lifecycle, health care and
income security for all, at least at a basic level. After briefly depicting the background, objectives
and substance of the Recommendation, the article examines its relevance for EU countries. The
usefulness of the Recommendation for states with well-developed welfare systems, is demon-
strated by pointing to several topical social security issues that constitute a lack of compliance with
the concept of social protection floors.
Keywords
Social security, social protection, international labour organisation, social protection floors, ILO
recommendation no. 202
Introduction
On the occasion of the International Labour Organisation’s (ILO’s) 100th anniversary, this article
examines recent developments in social security standard setting on the basis of the latest ILO
instrument on social security: the So cial Protection Floors Recommenda tion, 2012 (No. 202)
(referred to as ‘the Recommendation’).
1
The Recommendation was subject to the centenary’s
Corresponding author:
Tineke Dijkhoff, Department of International and European Law, Faculty of Law, Utrecht University Strijpenlaan 26, Breda
4847 AW, the Netherlands.
E-mail: a.a.dijkhoff@uu.nl
1. R202 (2012), Recommendation concerning National Floors of Social Protection, adoption: Geneva 2012, 101st ILC
session.
European Journal of Social Security
2019, Vol. 21(4) 351–369
ªThe Author(s) 2019
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DOI: 10.1177/1388262719890980
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EJSS
EJSS
General Survey, which reflects the responses of governments and social partners to a questionnaire
on the application of this instrument.
2
The choice of this subject was motivated by the recognition
among ILO Member states of an urgent need for adequate social protection for a ll.
3
The sense of
urgency for this subject had been fuelled by Goal 1 of the Sustainable Development Goals
(SDGs) ‘to end poverty in all its forms everywhere,’ and especially with the third target to
‘implement nationally appropriate social protection systems and measures for all, including
floors, and by 2030 achieve substantial coverage of the poor and the vulnerable’.
4
The General
Survey on the Social Protection Floors Recommendation (further referred to as ‘the General
Survey’)
5
underpins the value of the Recommendation as a tool for the realisation of the SDGs,
and is intended to help governments and social partners in developing national strategies for the
expansion of social protection. It is a rich source of information and forms the main point of
reference for this article.
The Recommendation has not attracted widespread political attention in the European context,
other than occasionally in connection with development cooperation.
6
Similarly, in the academic
field of social law and social policy within the European region, very few reports and articles have
been dedicated to this new international legal instrument on social secur ity.
7
Considering the
divergent approach of and new elements included in the Recommendation, as compared to Con-
ventions on social security, it deserves more attention and research. Furthermore, the Recommen-
dation addresses several social security issues that are topical in many EU countries, such as
increasing income inequality, discrimination, persistent gender gaps, social exclusion, and poverty.
Also, the fact that the Recommendation touches on a variety of disciplines, such as social security
law, labour law, human rights law, economics, social policy and social work, makes it interesting
for a broader EU-wide discussion on social protection systems that leave no one behind.
In an attempt to nourish such discussion, this article explores the objectives and substance of the
Recommendation (in Section ‘The recommendation – an integrated approach to social protec-
tion’), and discusses its relevance for EU countries by elaborating several implementation issues
(in Section ‘The relevance of the recommendation for EU countries’). It shows how the Recom-
mendation may guide Member states in developing policies to combat social protection deficits
that relate to, for example, fragmentation in social policies; austerity measures implemented in
response to the economic crises; the precarious balance between social security and activation
measures; the advent of flexible work arrangements; increased numbers of (irregular) migrants;
and the need for a broader notion of social dialogue.
2. CEACR (2019). A General Survey is part of the ILO’s supervisory system on the application of conventions and
recommendations, specifically for monitoring the state of play regarding the implementation of Recommendations. The
main supervisory body is the Committee of Experts on the Application of Conventions and Recommendations
(CEACR), consisting of 20 independent experts.
3. ILO Governing Body (2015: paras 10-11.), 325th Session, 29 October–12 November, GB.325/LILS/4, Geneva:
International Labour Organisation.
4. See the UN Sustainable Development Goals website: www.un.org/sustainabledevelopment.
5. The General Survey is entitled ‘Universal social protection for human dignity, social justice and sustainable
development’.
6. See, for example, European Commission (2014), p. 8, where the social protection floor is mentioned as means towards
full and productive employment and decent work for all; Council of the European Union (2014).
7. Deacon (2013), Dijkhoff and Mpedi (2019), Vonk (2013). See also a special issue of the International Social Security
Review (2013) entitled ‘The role of national social protection floors in extending social security to all’, Volume 66(3-4).
Outside the disciplines of law and social policy, see Correll (2010), Helleiner (2014), Moss (2014), Zelenev (2014).
352 European Journal of Social Security 21(4)
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