Equal treatment of nations and non-nationals in Austria
Summary: The verdict in Gaygusuz versus Austria established an important case law regarding the equal treatment of nationals and non-nationals. Gaygusuz, a Turkish national, had come to Austria in 1973 and worked for almost a decade with some gaps when he went back to Turkey. He later applied for...
Read MoreGender-based discrimination of benefits for pensioners
Summary: The case was brought by Mr. Taylor petitioning against the difference in the age of eligibility between men and women to receive winter fuel allowances as part of social security. While the age of eligibility was 60 and above for women, it was 65 and above for men....
Read MoreAccess to health care for children of illegal immigrants in France
Summary: The International Federation of Human Rights Leagues (FIDH) claimed that France had violated the right to medical assistance (Article 13 of Revised European Social Charter) by ending the exemption given to illegal immigrants, with very low incomes, from expenses for medical and hospital treatment. The complainant alleged the...
Read MoreJudicial protection of of pensioners’ rights in Peru
Summary: The complaint was filed at the Inter-American Commission of Human Rights (IACHR) by a group of retired public servants against the State of Peru alleging violation of the right to property and the right to judicial protection relating to non-compliance with court decisions. Concerning the reduction of retiree...
Read MoreConditions for receipt of unemployment benefits and other forms of insurance in the Netherlands
Summary: The European Committee of Social Rights reviewed the report of the Dutch government on the levels of social security in The Netherlands and noted that the Unemployment Benefit Act (WW) comprises a short-term benefit (conditions for payment 26 weeks of paid employment during the last 39 weeks), and...
Read MoreRules for adequate unemployment benefits in Denmark
Summary: The European Committee of Social Rights reviewed the report submitted by the Danish government on the level of social security in Denmark. Under Article 12, the Committee considered that one of the aims of an unemployment benefit system is to offer unemployed persons adequate protection during at least...
Read MoreAdequate levels of social protection benefits in Hungary
Summary: The European Committee of Social Rights assess the adequacy of the benefits provided under the different branches of social security in Hungary in light of Article 12(1) of the European Social Charter. In light with its previous conclusions, notes that social security benefits are adequate when they are...
Read MoreAdequate levels of social protection benefits in Ireland
Summary: The European Committee of Social Rights assess the adequacy of the benefits provided under the different branches of social security in Ireland in light of Article 12(1) of the European Social Charter. In light with its previous conclusions, notes that social security benefits are adequate when they are...
Read MoreAdequate levels of social protection benefits in Bulgaria
Summary: The European Committee of Social Rights notes that a social security system must guarantee an effective right to social security with respect to the benefits provided under each branch (Conclusions XIII-4, General Introduction on Article 12). Moreover, the Committee recalls that Article 12(1) requires social security benefits to...
Read MorePoverty and Prohibited Grounds for Discrimination in Canada
Summary: A black single mother with two children and relying on social assistance and public housing was given one month’s notice that she would be evicted from her home with no reason given. In Canada public housing was exempted from the security of tenure provisions of the Residential Tenancies...
Read MoreGuaranteeing life-saving drugs to patients with HIV/AIDS in Venezuela
Summary: The case was brought before the Supreme Court of Venezuela by a group of persons living with HIV, requesting the Instituto Venezolano de Seguros Sociales (Venezuelan Institute for Social Security, IVSS) to ensure the supply of drugs needed to treat diseases arising from AIDS and cover the expenses...
Read MoreAccess to social welfare benefits for non-citizens in Switzerland
Summary: The case involved three brothers, originally from what was previously Czechoslovakia (now the Czech Republic), who were denied access to social welfare benefits in Switzerland on account of being illegal residents . The brothers had been living in Switzerland since 1980, but were expelled to Czechoslovakia in 1987...
Read MoreCombining constitutional and international standards for social protection resource mobilization in Latvia
Summary: In 2000, twenty Latvian parliamentarians complained to Latvia’s Constitutional Court that certain employers within Latvia were not paying social insurance premiums into a fund for their employees, and that this was a breach of the human right to social security as per Latvia’s constitution as well as Articles...
Read MoreProvision of social security for permanent residents in South Africa
Summary: The case was brought before the Constitutional Court of South Africa by Mozambican citizens living in South Africa as permanent residents. The applicants challenged the validity of certain provisions of the Social Assistance Act 59 of 1992 that denied social assistance to foreign nationals. They cited the infringement...
Read MoreSocial security for asylum seekers in the United Kingdom
Summary: In this case, the House of Lords listened to appeals by the Secretary of State for Home Department, who denied state support to destitute asylum applicants (“applicants”) on the grounds of not having applied for asylum “as soon as reasonably practicable”. The applicants cited a violation of Article...
Read MoreEnsuring mechanisms that protect the right to life against the risk of famine in India
Summary: In 2001 the Peoples’ Union for Civil Liberties claimed that that recent starvation deaths that occurred in the Indian State of Rajasthan were the result of the State’s failure to release grain stocks in fact kept as a guard against famine, and that this denial amounted to a...
Read MoreSpecial protection in pension programmes for women in South Africa
Summary: Four male applicants, above the age of 60 but below 65, mounted a constitutional challenge to Section 10 of South Africa’s Social Assistance Act 13 of 2004 and the relevant Regulations, which set the age for accessing an old age grant at 60 for women and 65 for...
Read MoreIntegrating informal workers into market reform strategies in Colombia
Summary: Recycling activities in Colombia have traditionally been carried out by extremely poor and marginalized sectors of society. Materials are collected from landfills or the streets, transported and sold as recyclable material to intermediary informal warehouses for modest sums. However, over the course of the last decade, recycling became...
Read MoreEducational opportunities for persons with disabilities in Colombia
Summary: The case was brought before the Constitutional Court of Colombia by the mother of a girl who was diagnosed with cognitive deficit and microcephaly. She contended that the official combined programme of therapy and special education were unaffordable to her. The Court referred to Article 12 of the...
Read MoreProtecting pensions against austerity measures in Latvia
Summary: Latvian pensioners formed a petition and challenged the constitutionality of Latvia’s Law on State Pension and State Allowance Disbursement – commonly known as the ‘Disbursement Law’ – in the period from 2009 to 2012. The overall economy in Latvia was rapidly declining in 2009, and the Latvian Parliament,...
Read MoreAccess to information about beneficiaries to ensure social accountability of state decisions
Summary: CIPPEC (Centro de Implementación de Políticas Públicas para la Equidad y el Crecimiento ) has been denied access to information concerning the beneficiaries of subsidies and social cash transfer programs in 2006 and 2007. The Supreme Court considered that accessing such data has a clear public interest, since it enables...
Read MoreForced evictions and violations of rights recognized by regional and international instruments in Kenya
Summary: The case was brought before the High Court of Kenya by Hakijamii, a human rights organisation in Nairobi, based on the request of over 1,000 individuals. They included women, children and older persons who reported having been evicted from their homes in Garissa municipality. The homes were built...
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