Yemen's Legal Framework for the Rights of Older Persons

The population of the Republic of Yemen reached approximately 27.28 million in 2015 and approximately less than 3 per cent of all Yemeni are over the age of 65.In 1991, the Government of the Republic of Yemen adopted a new constitution that safeguards the rights of older persons to claim care and assistance form the State and guarantees the right to social security for all.

Article 32 of the Constitution of the Republic of Yemen stipulates that “Education, health and social services are the basic pillars for building and developing the society; society shall, with the State, take part in providing them”. Furthermore Article 56 of the Constitution states that, “the State shall guarantee social security for all citizens in cases of illness, disability, unemployment, old age or the loss of support”. These constitutional provisions encouraged the adoption of Law No. 25 in 1991 concerning insurance and pensions, followed by Law No. 26, also in 1991, concerning social security. As a result of this legal framework the General Authority for Social Security and Pensions was created in 1996 in order to provide pension schemes to older persons that were employed in the public and private sectors.

Constitutional advancements toward social protection in the Republic of Yemen were realised in 1991 through the adoption of a new constitution by referendum following the unification of South and North Yemen. The constitution was further enhanced through amendments by national referendum in 1994 and 2001. Based on these constitutional provisions, the Government of Yemen is now mandated to provide basic income security to older persons through the universal pension scheme. Through this process the Government of Yemen has taken steps to uphold its mandate to guarantee equality and ensure that constitutional and legal provisions for income security form strong legal foundations for the creation of a social protection floor.