The European Convention On Human Rights And Social Security Law

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The European Convention on Human Rights and Social Security Law

Mel Cousins
The European Convention on Human Rights and Social Security Law Book PDF

Author : Mel Cousins
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2008
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 9050957633

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The European Convention on Human Rights and Social Security Law by Mel Cousins Pdf

Provides a guide to social security issues considered by the Court of Human Rights and shows how the provisions of the Convention have been interpreted by European national courts. Elaborates on the concept of victim of violation, the right to life, rights in the case of inhuman or degrading treatment, and the prohibition of slavery and forced labour. Discusses social security as a possession, the respect for private and family life, home and correspondence, and the right to marry and have a family. Covers issues of non-discrimination, freedom of thought, conscience and religion, freedom of expression and of association, the liberty of movement, and freedom of residence. Considers access to the courts, and the relationship between the Convention and EU law.

Social Security as a Human Right

Ana Gómez Heredero
Social Security as a Human Right Book PDF

Author : Ana Gómez Heredero
Publisher : Council of Europe
Page : 76 pages
File Size : 47,6 Mb
Release : 2007
Category : Law
ISBN : 9287162611

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Social Security as a Human Right by Ana Gómez Heredero Pdf

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.

Introduction to European Social Security Law

Frans Pennings
Introduction to European Social Security Law Book PDF

Author : Frans Pennings
Publisher : Intersentia nv
Page : 415 pages
File Size : 55,5 Mb
Release : 2003
Category : Discrimination
ISBN : 9789050953368

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Introduction to European Social Security Law by Frans Pennings Pdf

The social security of the European Union (EU) has become of vital significance for persons living or working in a EU Member State. The creation of the European Economic Area and near accession of the candidate Members (East European countries) has further increased the relevance of this law. This book describes EU social security law, beginning with the rules relevant to migrant workers. Coverage includes Regulations 1408/71 and 574/72 and the case law of the Court of Justice of the EC. The book analyses the contributions of these judgments to the developments of coordination law and to the realisation of the objective of free movement of workers. In this respect the relation of the Regulation and the EC Treaty, which is shown in for instance the Kohll and Decker judgments, is analysed. Special attention is paid to the Proposal for Simplification and Modernisation of Regulation 1408/71. A second main part of EU social security law is the law on equal treatment of men and women. The Court of Justice issued several main decisions, of which the Barber judgment is a wellknown example. Since then, the case law has been further developed and this book helps the reader to understand the present state of affairs. A separate chapter analyses the combat against social exclusion of the EU and the instruments developed for this purpose. This is the completely revised and updated fourth edition of an authoritative book.

Social Security

Ana Gómez Heredero,Council of Europe. Directorate General III--Social Cohesion
Social Security Book PDF

Author : Ana Gómez Heredero,Council of Europe. Directorate General III--Social Cohesion
Publisher : Council of Europe
Page : 248 pages
File Size : 44,9 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9287165793

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Social Security by Ana Gómez Heredero,Council of Europe. Directorate General III--Social Cohesion Pdf

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.

European Social Security Law

Frans Pennings
European Social Security Law Book PDF

Author : Frans Pennings
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2015
Category : Social security
ISBN : 1780683103

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European Social Security Law by Frans Pennings Pdf

In the past decades the coordination of social security provisions of the European Union have become of vital importance. This book gives a clear overview of the main lines and main developments of this significant part of EU law. On 1 May 2010 a new Coordination Regulation on social security for migrant workers, Regulation 883/2004, came into force. Since then there has been important case law and there have been very interesting developments, in particular in the area of posting of workers and the influence of the Treaty on the interpretation of coordination provisions. Also the development of the concept of EU citizenship has had an important impact on access to social rights. This book gives a clear overview of these developments, their effects on national case law and the differences with the old coordination Regulation. A second main part of EU social security law is that of social policy. In this book the main developments of the equal treatment law of men and women are explained and in addition the present social policy measures and the instruments employed in this area are outlined.

Research Handbook on European Social Security Law

Frans Pennings,Gijsbert Vonk
Research Handbook on European Social Security Law Book PDF

Author : Frans Pennings,Gijsbert Vonk
Publisher : Edward Elgar Publishing
Page : 475 pages
File Size : 43,5 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781800886353

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Research Handbook on European Social Security Law by Frans Pennings,Gijsbert Vonk Pdf

This comprehensive second edition Research Handbook discusses a wide range of timely questions and dilemmas ensuing from the present state of European social security law. Presenting a kaleidoscopic concept of social security, a new generation of leading experts identifies future lines of inquiry that are likely to dominate the discourse in the coming years.

Core Socio-Economic Rights and the European Court of Human Rights

Ingrid Leijten
Core Socio Economic Rights and the European Court of Human Rights Book PDF

Author : Ingrid Leijten
Publisher : Cambridge University Press
Page : 355 pages
File Size : 41,9 Mb
Release : 2018-01-25
Category : Political Science
ISBN : 9781107198470

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Core Socio-Economic Rights and the European Court of Human Rights by Ingrid Leijten Pdf

Core Socio-Economic Rights and the European Court of Human Rights focuses on socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR) and, through review and exploration of core socio-economic protection and rights, offers suggestions for improving the ECtHR's reasoning in socio-economic cases.

The European Convention on Human Rights and the Employment Relation

Filip Dorssemont,Klaus Lörcher,Isabelle Schömann
The European Convention on Human Rights and the Employment Relation Book PDF

Author : Filip Dorssemont,Klaus Lörcher,Isabelle Schömann
Publisher : Bloomsbury Publishing
Page : 482 pages
File Size : 43,6 Mb
Release : 2013-11-25
Category : Law
ISBN : 9781782252108

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The European Convention on Human Rights and the Employment Relation by Filip Dorssemont,Klaus Lörcher,Isabelle Schömann Pdf

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Social Security Cases in Europe

Klaus Kapuy,Danny Pieters,Bernhard Zaglmayer
Social Security Cases in Europe Book PDF

Author : Klaus Kapuy,Danny Pieters,Bernhard Zaglmayer
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2007
Category : Social security
ISBN : 9050957110

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Social Security Cases in Europe by Klaus Kapuy,Danny Pieters,Bernhard Zaglmayer Pdf

What aspects of social security are covered by the European Convention on Human Rights? What obligations does a State have in the field of social security to safeguard the rights guaranteed in the Convention? To what extent can a national right to a social security benefit constitute a civil right or even a property right as protected by the Convention? This casebook addresses these questions. It is composed of two main parts. The first gives an overview of the complaints in the field of social security which were brought forward to the European Commission of Human Rights or the European Court of Human Rights. These cases are clustered into six themes: reduction, loss or refusal of benefits; duty to pay social security contributions; equality; illegal migrants; medical treatment; and fair trial. In the second part the reader finds the relevant extracts of the reports, decisions and judgments of more than 90 selected cases before the Strasbourg organs. This book highlights the role of the European Convention on Human Rights in social security matters. It is useful both for further research and education. Moreover, law students as well as legal practitioners will benefit from this case collection as a reference book.

Introduction to the European Convention on Human Rights

Jean-François Renucci
Introduction to the European Convention on Human Rights Book PDF

Author : Jean-François Renucci
Publisher : Council of Europe
Page : 132 pages
File Size : 49,9 Mb
Release : 2005-01-01
Category : Law
ISBN : 9287157154

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Introduction to the European Convention on Human Rights by Jean-François Renucci Pdf

The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 41,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Enforcement of Human Rights

Nagendra Singh
Enforcement of Human Rights Book PDF

Author : Nagendra Singh
Publisher : Martinus Nijhoff Publishers
Page : 274 pages
File Size : 47,7 Mb
Release : 1986
Category : Political Science
ISBN : 9789024733026

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Enforcement of Human Rights by Nagendra Singh Pdf

Equality in law between men & women in the European Community is an integral part of the EC's social policy & crucial to its economic & social cohesion. This 15-Volume Encyclopedia analyses the legal framework for equal opportunities which now exists in the Community due to the adoption of EC Directives on equal treatment, equal pay & social security, & to the work of the European Court of Justice in this area. It looks at how the EC Directives have been implemented & interpreted in each Member State, & at the other legislative & constitutional provisions affecting the principle of equality. All the principal legal provisions are reproduced or translated. Extracts from or digests of national case law are also included. Each volume is structured so that Member States's provisions on equality can be directly compared. The editors of this Encyclopedia are Michel Verwilghen , Professeur ordinaire a la Faculte de Droit, Universite catholique de Louvain , & Ferdinand von Prondzynski , Professor of Law & Dean of the Law School, University of Hull .

The Universal Declaration of Human Rights

Humberto Cantu Rivera
The Universal Declaration of Human Rights Book PDF

Author : Humberto Cantu Rivera
Publisher : BRILL
Page : 837 pages
File Size : 43,8 Mb
Release : 2023-12-18
Category : Law
ISBN : 9789004365148

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The Universal Declaration of Human Rights by Humberto Cantu Rivera Pdf

The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.