El primer protocolo adicional del convenio europeo de derechos humanos y el derecho a la seguridad social
The European Convention of Rights does not include in its material scope the right to Social Security. However, since 1996, the European Court of Human Rights has maintained a solid jurisprudential line that recognizes that the right to benefits, contributory and non-contributory is protected as a p...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2018
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6869659 |
| Source: | Temas laborales: Revista andaluza de trabajo y bienestar social, ISSN 0213-0750, Nº 145, 2018 (Ejemplar dedicado a: La Jurisprudencia del Tribunal Europeo de Derechos Humanos en materia Laboral. In memoriam José Vida Soria), pags. 371-386 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The European Convention of Rights does not include in its material scope the right to Social Security.
However, since 1996, the European Court of Human Rights has maintained a solid jurisprudential
line that recognizes that the right to benefits, contributory and non-contributory is protected
as a property right under Article 1 of the First Additional Protocol that recognizes every natural or
legal person is entitled to the peaceful enjoyment of his possessions. Based on this case law, Spain
has already been condemned twice.
The Court of Justice of the European Union has also assumed that the right to social benefits is a
property right in the Florescu case.
However, currently, Spanish jurisprudence differs from that held by the European Court of Human
Rights and maintains that regarding social security benefits there is no consolidated right but a
mere expectation of non-compensable right. |
|---|