Research Handbook on European Social Security Law
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Research Handbook on European Social Security Law

  • Research Handbooks in European Law series

Edited by Frans Pennings and Gijsbert Vonk

This Handbook encompasses four dimensions of European social security law: social security as a human right, standard setting in social security, the protection of mobile persons and migrants and the global context of European social security law. It pays attention to both EU law and to various instruments of the Council of Europe. In 25 chapters prominent experts analyse contemporary debates, discuss new challenges and point out further lines of research. Through this exploration, the Handbook provides a source of inspiration for the development of this special field of law.
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Chapter 3: Social security in the case law of the European Court of Human Rights

Lieneke Slingenberg

Abstract

This chapter discusses the protection of social security interests in the case law of the European Court of Human Rights (ECtHR). It will show that even though the European Convention on Human Rights (ECHR) is primarily concerned with civil and political rights, a development towards increasing protection of social security interests can be detected in the case law of the ECtHR. This chapter will discuss three different ways in which protection in the field of social security can be derived from ECHR rights: (1) protection against a decline in social security protection under Article 1 of Protocol No 1 on the right to property; (2) protection against exclusion from the personal scope of social security schemes under Article 14 on non-discrimination; and (3) protection against destitution and ill-health under Articles 2 and 3 on the right to life and the prohibition of inhuman and degrading treatment. This chapter will argue that despite the cautious approach of the ECtHR, the case law does set a number of important limits to states’ discretion in designing social security schemes.

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