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Social Security as a Human Right
There is no mention in the European Convention on Human Rights of rights in the field of social security. Nevertheless, the Convention does protect certain of these rights which come into its area of application and this study sets out to explain how. It also examines recent developments in the relevant case-law of the European Court of Human Rights which, as well as affording procedural guarantees, has widened and strengthened the material protection of specific rights. In addition, examples are given of measures taken in the member states following judgments of the Court in cases concerning social security. This sort of judgment is becoming more common, giving the Convention an ever-expanding social aspect which has an important impact at national level.
Social Security
What international and European legal instruments protect the right to social security? What are the obligations which states have assumed under these instruments? How is their application monitored? What are the trends in national legislation in relation to the standards of the European Code of Social Security and its protocol, the main Council of Europe instruments in the social security field? Is social security considered as a human right and how has the case law of the European Court of Human Rights developed in this area? These are some of the key issues addressed in this publication, where the code and its protocol are viewed against the background of other standard-setting instruments, developments at national level and human rights.
Development and Improvement of Substitution Programmes
The seminar pooled experience of substitution treatment in European countries, reported on evaluations that have been made of existing programmes and took stock of developments resulting from changes in routes of administration and in the drug market.
The International Covenant on Economic, Social and Cultural Rights
"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.
Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 28 (2010)
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to Asia-Pacific and the Republic of China on Taiwan.
The Execution of Judgments of the European Court of Human Rights
An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.
Sustaining European social security systems in a globalised economy
In addition to long-term demographic trends, European social security systems face new challenges as a result of increased global competition and an international banking system focused on short-term financial gain. This report therefore explores new ways for European policy makers and institutions to make social security systems more sustainable. It investigates ways to achieve short and long-term financial viability. It also identifies key mechanisms that work to achieve social cohesion, such as greater emphasis on social rights and social dialogue. It then examines the main policy issues in sustaining major individual social security programmes, such as health care, social assistance and family benefits, pensions, unemployment and work incapacity benefits, as well as long-term care.
An Introduction to Fundamental Rights in Europe
This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity
Judicial Review of Legislation
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This...
Developing the Right to Social Security - A Gender Perspective
The right to social security, found in international law and in the constitutions of many nations, contributes to the alleviation of poverty globally. Social security and its articulation as a human right have received increased attention in recent years both in response to austerity cuts to welfare in developed countries and as a means of lifting millions out of poverty in developing countries. Women, disproportionately affected by poverty in all parts of the world, stand to gain from a right to social security that takes cognisance of gender discrimination and disadvantage. This book interprets and redefines the right to social security from a gender perspective. Drawing on feminist theory...
