Ariticle26Social and economic help
- States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.
- The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.
This Article recognizes the right of all children to receive social security and identifies measures to be taken by the State to this end, as well as items to be taken into consideration when providing benefits. “Social security” here is interpreted as income security, which is a financial benefit to ensure a certain standard of living.
Details set out in the article
Paragraph 1 stipulates that the State shall take necessary measures “in accordance with their national law” for the full realization of the rights set out in this Article. The phrase “in accordance with their national law” was included in the drafting process in consideration of developing countries in financial difficulties, however, some argue that it may weaken the rights stipulated in the article. In addition, Paragraph 2 states that the economic circumstances of not only the child but also the parents or guardians of the child and the status of their application for benefits shall be taken into account in the provision of benefits.
In Japan, it has been pointed out that the economic security system for children is inadequate, and the social security system, including child allowances, needs to be improved.