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The right to Social Security in the European Constitutions

Publication date: 2016

Studies on Labour Law and Social Policy, 2016, Vol. 23, pp. 141 - 150

Authors

Eberhard Eichenhofer
Friedrich-Schiller-University Jena, 07737 Jena, Germany
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Titles

The right to Social Security in the European Constitutions

Abstract

In the Basic Law (“Grundgesetz”) – the German Constitution – a special and coherent catalogue of social human rights is not foreseen. Only a few social rights’ guarantees primarily as to women, mothers, children and handicapped persons are explicitly stipulated. Therefore, in the current German legal thought social human rights are regarded as neither fundamental, nor integral parts of human rights. As the full spectrum of human rights acknowledged in international law, among them above all the basic social human rights to work, education, health, accommodation, social security or social assistance (Articles 22-26 UDHR), does not correspond to the far more restricted catalogue of human rights explicitly figured out in the Basic Law as fundamental rights (“Grundrechte”), the doctrine argues even more that due to their very legal nature social human rights could not and never exist.

References


Information

Information: Studies on Labour Law and Social Policy, 2016, Vol. 23, pp. 141 - 150

Article type: Original article

Titles:

Polish:

The right to Social Security in the European Constitutions

English:

The right to Social Security in the European Constitutions

Authors

Friedrich-Schiller-University Jena, 07737 Jena, Germany

Published at: 2016

Article status: Open

Licence: None

Percentage share of authors:

Eberhard Eichenhofer (Author) - 100%

Article corrections:

-

Publication languages:

English

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