Equality of Treatment (Social Security)


Equality of Treatment (Social Security) : ILO Convention No. 118 (1962) aims to ensure, within the territory of any ratifying ILO Member State, equality of treatment in respect of social security for refugees, stateless persons and nationals of another Member State. Ratifying States undertake to grant to nationals of any other State for which the Convention is also in force, and to refugees and stateless persons, equality of treatment with their own nationals in respect of social security. Such equality of treatment applies to coverage and the right to benefits. It may be granted in respect of every branch of social security for which the ratifying State has accepted the obligations of Convention No. 118. Equality of treatment shall be accorded without any condition of residence. The obligations of the Convention may be accepted in respect of one or more of the following social security branches for which the ratifying State has in effective operation legislation covering its own nationals within its own territory: medical care; sickness benefit; maternity benefit; invalidity benefit; oldage benefit; survivors' benefit; employment injury benefit; unemployment benefit; and family benefit. The Convention does not apply to special schemes for civil servants, or for war victims or public assistance. It provides that certain benefits (invalidity, old age, survivors, death grants, employment injury pensions) shall be guaranteed, even when they are resident abroad, to the nationals of the ratifying State, as well as to nationals of other States that have accepted the obligations of the Convention for the corresponding branch. Family allowances shall be guaranteed, both to nationals of the State and to nationals of any other State that has accepted the obligations of the Conventionfor the same branch, in respect of children resident within the territory of one of these States. The Convention provides that States that have ratified it shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition. See: Non-discrimination principle; Social security (and free movement of workers); Social security (minimum standards)
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