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The European Convention on Human Rights and social security law / Mel Cousins.
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Title:The European Convention on Human Rights and social security law / Mel Cousins.
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Author/Creator:Cousins, Mel.
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Published/Created:Antwerp : Intersentia ; Portland, OR : Distribution for the USA and Canada [by] International Specialized Book Services, ©2008.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KJC3385 .C68 2008 (LC)
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Social security--Law and legislation--Europe.
Human rights--Europe.
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Description:xxvi, 150 p. ; 24 cm.
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Series:Social Europe series ; v. 15.
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Notes:Includes bibliographical references.
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ISBN:9789050957632 (pbk.)
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Contents:Ch. 1. Victim of a Violation and Admissibility
Victim of a violation
Time limits
Ch. 2. Right to Life; Rights as to Inhuman or Degrading Treatment; and Prohibition of Slavery and Forced Labour
Right to life
Inhuman or degrading treatment
Prohibition of slavery and forced labour
Ch. 3. Social Security as a Possession
General approach
Does the matter in dispute fall within the scope of P1-1?
Does a sufficient "claim" to the possession exist in order to engage P1-1?
Is there interference with the peaceful enjoyment of the property right and if so, is this in accordance with the public interest and subject to law?
Insurability and the obligation to pay contributions
Limitation on benefits to self-employed workers
Residence
Calculation of pensions and benefits
Overlapping of benefits with income from other sources
Loss of pension as a result of criminal conviction
Change of regime cases
Late payment of benefits
Ch. 4. Respect for Private and Family Life, Home and Correspondence; Right to Marry and Found a Family
General approach
When does Article 8 apply?
Is there is interference with the right to respect and is this justified?
Is there interference?
Is any interference justified?
Right to marry
Ch. 5. Non Discrimination
Grounds of discrimination
Approach to discrimination
Nationality and residence
Nationality and residence requirements
Export of benefits
Gender
Other grounds
Ch. 6. Freedom of Thought, Conscience and Religion, and Freedom of Expression, and of Association
Freedom of thought, conscience and religion
approach of the US Supreme Court
Freedom of expression
Freedom of association
Ch. 7. Liberty of Movement and Freedom of Residence
Introduction
Social Security outside the 'home' state
Social Security for persons with restricted rights of residence
Income requirements as a condition of residence
Liberty of movement within the state and the right to leave
Ch. 8. Access to the Courts
scope of Article 6.1
To which jurisdictions does Article 6 apply?
Dispute as to civil rights and obligations
content of "civil rights" v. procedural bars
fair hearing
Right to be heard
Commenting on reports
Legal aid
Adequate reasons
public hearing
Reasonable time
By an independent and impartial tribunal
Implementation of the decision
Interference with the judicial process
Article 6.2 and 6.3
Article 13
Ch. 9. Relationship Between the European Convention on Human Rights and EU law
influence of the Convention of Human Rights on EU law
Early developments
Recent approach
Transsexuals cases
impact of EU law of the European Convention on Human Rights
Equal treatment in Social Security
Equality: Human rights v EU law
Annex. Dates of Ratification of the European Convention on Human Rights and Additional Protocols.