Course Details

Legal Frameworks and Rights-Based Approaches to Social Protection Training Course

INTRODUCTION

This specialized training course provides a comprehensive understanding of the legal foundations and rights-based approaches essential for robust and equitable social protection systems. Recognizing that social protection is not merely a welfare provision but a fundamental human right, this program equips participants with the knowledge and practical skills to analyze, design, and advocate for social protection policies grounded in international and national legal frameworks. Participants will gain a deep understanding of human rights principles, legal instruments, and accountability mechanisms that ensure universal access and non-discrimination. This course is ideal for policymakers, legal professionals, human rights advocates, social protection practitioners, researchers, and development experts committed to upholding the right to social security for all.

DURATION

5 days

TARGET AUDIENCE

This course is specifically designed for professionals working in law, human rights, social protection, and public policy, including:

• Government officials and policymakers responsible for social protection legislation and implementation.
• Legal professionals, including lawyers, judges, and human rights defenders.
• Human rights advocates and civil society representatives.
• Social protection practitioners and program managers.
• Researchers and academics focusing on social rights, constitutional law, and international law.

OBJECTIVES

Upon completion of this course, participants will be able to:

• Understand the concept of social protection as a human right under international law.
• Identify key international and regional legal instruments guaranteeing the right to social security.
• Analyze national legal frameworks for social protection and assess their compliance with human rights standards.
• Apply a rights-based approach to the design, implementation, and evaluation of social protection programs.
• Advocate for legal and policy reforms that strengthen the realization of the right to social protection.

MODULES

Module 1: Social Protection as a Human Right

• Define social protection from a human rights perspective.
• Explore the historical evolution of the right to social security.
• Discuss the philosophical and ethical underpinnings of social rights.
• Understand the concept of progressive realization and its implications for social protection.
• Differentiate between social protection as a welfare provision and a justiciable right.

Module 2: International Legal Frameworks

• Examine the Universal Declaration of Human Rights (UDHR) Article 22 and 25.
• Delve into the International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 9.
• Discuss relevant ILO Conventions, particularly Convention No. 102 (Social Security Minimum Standards).
• Explore regional human rights instruments guaranteeing social protection (e.g., African Charter, European Social Charter).
• Understand the role of UN human rights treaty bodies in monitoring the right to social security.

Module 3: National Legal and Constitutional Frameworks

• Analyze how the right to social protection is enshrined in national constitutions and legislation.
• Discuss the role of national courts in upholding and interpreting social security rights.
• Examine the legal basis for different social protection schemes (e.g., social assistance laws, social insurance acts).
• Understand the legal implications of policy choices regarding targeting, eligibility, and benefit levels.
• Explore mechanisms for legal aid and access to justice for social protection claims.

Module 4: Principles of a Rights-Based Approach to Social Protection

• Understand the core principles: accountability, participation, non-discrimination, transparency, and empowerment.
• Apply the principle of non-discrimination to ensure equitable access to social protection for all.
• Discuss the importance of meaningful participation of beneficiaries in program design and oversight.
• Explore mechanisms for transparency in social protection administration and decision-making.
• Understand how social protection can empower individuals and communities to claim their rights.

Module 5: Legal Aspects of Program Design and Implementation

• Analyze legal requirements for eligibility criteria, benefit levels, and duration of social protection programs.
• Discuss the legal implications of different targeting mechanisms and their potential for exclusion.
• Understand legal provisions for grievance redress mechanisms and appeals processes.
• Examine data protection and privacy laws relevant to social protection information systems.
• Explore legal frameworks for the portability of social security benefits for migrants.

Module 6: Accountability and Oversight Mechanisms

• Identify different forms of accountability in social protection (e.g., legal, political, administrative).
• Discuss the role of national human rights institutions and ombudsmen in overseeing social protection.
• Explore the use of human rights indicators to monitor the realization of social protection rights.
• Understand the importance of independent audits and evaluations for accountability.
• Examine the role of civil society organizations and media in holding governments accountable.

Module 7: Advocacy for Legal and Policy Reform

• Develop strategies for legal advocacy to strengthen social protection rights.
• Discuss the process of drafting and amending social protection legislation.
• Explore techniques for engaging with parliamentarians, policymakers, and legal bodies.
• Understand how to utilize international human rights mechanisms for national advocacy.
• Learn to build coalitions and alliances for promoting social protection reforms.

Module 8: Challenges and Future Directions

• Analyze challenges in realizing the right to social protection, including resource constraints and political will.
• Discuss the impact of global crises (e.g., pandemics, climate change) on social protection rights.
• Explore the role of digitalization and technology in advancing or hindering social protection rights.
• Examine the concept of universal social protection and its legal implications.
• Advocate for the progressive realization of the right to social security for all, leaving no one behind.

CERTIFICATION

• Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

• Airport pick up and accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com