Human rights, anti-discrimination and social security benefits: recent UK case law

2010 ◽  
Vol 32 (4) ◽  
pp. 391-400
Author(s):  
Mel Cousins
2001 ◽  
Vol 3 (1) ◽  
pp. 7-24
Author(s):  
Herwig Verschueren

This article seeks to provide a clearer picture of the role of methods for funding social security benefits in EC Coordination Regulation 1408/71. In past literature and in the case law surrounding Regulation 1408/71, this role has seldom been mentioned. However, this is changing in light of increasing numbers of questions emerging at both the policy-making level and at the level of Court of Justice proceedings. The first part of this paper deals with the role of different methods of financing social security in determining the material scope of the coordination regulation and the question of whether the method of financing certain benefits has a bearing on this material scope. The second part deals with the existing link within the coordination context between paying or having paid contributions and entitlement to benefits. I discuss, inter alia, the extent to which benefit levels are determined by the same legislation as that which determines contribution levels. I examine the extent to which Member States collecting contributions are also responsible for bearing the cost of the corresponding benefits and the extent to which a person who is paying or has paid contributions is entitled to benefits corresponding to those contributions. In light of this examination of the facts as they stand, I endeavour to consider possible alternatives, including the desirability of having a more direct link within the coordination context between payment of contributions and entitlement to benefits.


2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Vasiliki Saranti

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.


2007 ◽  
Vol 9 (3) ◽  
pp. 221-241 ◽  
Author(s):  
Klaus Kapuy

For more than twenty years now, the European Convention on Human Rights has been used to solve disputes in social security. This is peculiar since the Convention itself and its Protocols primarily comprise civil and political rights and do not include a right to social security. This article analyses the supervisory bodies' case law to establish how national disputes over contributions or cash-benefits under statutory social insurance and social assistance scheme have attracted the protection of the Convention. It also provides an overview of the types of social security cases which today fall within the ambit of particular rights guaranteed by the Convention. It concludes that the right to a fair trial (Article 6(1)) and the protection of property (Article 1 of the First Protocol to the Convention) are, as a general rule, applicable in the field of social security. By contrast, the protection of family life and the protection of private life (Article 8) have, in social security matters only, only been accepted as applicable in the context of particular branches of social security or in relation to particular groups of beneficiaries.


Author(s):  
Lyusya Mozhechuk ◽  
Andriy Samotuha

The article deals with the role of the European Court of Human Rights (ECtHR) in protecting the right to social security. There is the analysis of the case law of the ECtHR on the violation of the right to social security, namely the right to receive a pension, which the ECtHR classifies as property rights. The authors have outlined the ways to improve the practice of the ECtHR in this area in modern national and world socio-economic conditions. According to available estimates, around 50 per cent of the global population has access to some form of social security, while only 20 per cent enjoy adequate social security coverage. Ensuring an ap-propriate mechanism for the protection of human and civil rights is a priority for every country. However, according to case law, the number of complaints of violations or non-recognition of their rights is growing every year. An important role in the protection of human rights in today's conditions is played by an international judicial body - the European Court of Human Rights. In Ukraine, where socio-economic rights are recognized at the constitutional level, their guarantee content in the current laws is still not clearly defined, and therefore, as evidenced by the practice of the Constitutional Court of Ukraine, legal mechanisms their protection, in particular the means of judicial control remain ineffective. The right to social security is the right to access and retention of benefits, both in cash and in kind, without discrimination in order to protect, in particular, against (a) lack of income from work caused by illness, disability, maternity, occupational injuries , unemployment, old age or death of a family member; (b) inaccessible access to medical care; (c) insufficient family support, especially for children and adult dependents. It is well known that the European Convention does not contain many socio-economic rights as such (with a few exceptions - protection of property and the right to education). Thus , the former president of the ECtHR Jean-Paul Costa specifically pointed to another important European human rights treaty – the European Social Charter. Human rights are a universal value, and their protection is the task of every state. The European Court of Human Rights plays an important role in protecting human rights in modern conditions. The functioning of such an international judicial institution can not only solve a problem of protection of violated rights, but also affect the development of the judicial system of each state. The main principle of realization and judicial protection of social rights is non-discrimination on the grounds of sex, age, race, national and social origin of the individual, and the role of auxiliary institutions of the Council of Europe in generalizing and improving the ECtHR’s activity has been emphasized.


2020 ◽  
Author(s):  
Yuliya Samovich

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.


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