BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

those who unable to pay thereof. The second Recommendation, also in force, deals with the right to medical care, either through health insurance mechanisms, social assistance or public health policies. Both recommendations explicitly refer to Atlantic Charter fifth principle as a ground. International Labour Conference has recommended the Members of the Organisation to apply progressively the general guiding principles, as rapidly as national conditions allow, in developing their income security schemes with the aim of implementing the fifth principle of the Atlantic Charter, and to report to the International Labour Office from time to time as requested by the Governing Body, concerning the measures taken to give effect to the said general guiding principles. It is noteworthy that for both instruments, universal coverage of income protection and health protection must be provided by states along with active participation of employers. At this point one might meet an inaugural and most significant international document which engage enterprises to the aim of ensuring social security. ILO has issued the prominent instrument in the field of social security, Convention n. 102 (1952), which deals with minimum standards of social security and establishes basic international standards for the organization of social security systems by the States. Convention n. 102 was adopted at the 35th session of the International Labor Conference, held in Geneva in 1952 and entered into force internationally on April 27, 1955. In Brazil, it was approved by Legislative Decree n. 269 of 19 September 2008 of the National Congress and ratified on June 15, 2009. Although it was duly deposited with the ILO secretariat, until Feb 2018 this Convention was not sanctioned by a Presidential Decree, which is an essential formal procedure regarding Brazilian legal order to enforce thereof. Accordingly, and in spite of all appearances, it is fair to state that due to an internal misguide, Brazil has not fully adhered to this Convention so far. Therefore, the information displayed on the ILO homepage according to which such standard is in force in Brazil is incorrect. The text of Convention n. 102 (ILO) deals with general provisions as well as details of the object of social security law, minimum organization and procedures that the signatory States must implement. The above-mentioned Convention is very relevant because it contains the minimum content of the scope of protection of this right. The document is divided into 4 parts: I. The right to medical care; II. The right to protection of income through social insurance mechanisms; III. The right to non-discrimination; IV. The collective financing of these rights. The first theme is the right to medical care. It achieves preventive and curative medical services. The second theme is formed by the right to protection of income by social insurance mechanisms and are provided the guarantee of coverage of 9 modalities of circumstances that prevent the person from obtaining income from his own work. The hypotheses are as follows: 1. non- occupational diseases; 2. occupational diseases, 3. work accidents, 4. unemployment; 5. advanced age; 6. Family situation responsible for the maintenance of children; 7. Situation of gestation and maternity, 8. Full incapacity for work of generic cause; 9. Death. The third theme is formed by a general rule of non-discrimination and equal treatment for foreign residents. The fourth are minimum rules for calculating benefits, and the fifth and final theme involves rules for collective financing of these services and

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