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    The European Convention on Human Rights and social security law / Mel Cousins.

    • Title:The European Convention on Human Rights and social security law / Mel Cousins.
    •    
    • Author/Creator:Cousins, Mel.
    • Published/Created:Antwerp : Intersentia ; Portland, OR : Distribution for the USA and Canada [by] International Specialized Book Services, ©2008.
    • Holdings

       
    • Library of Congress Subjects:Social security--Law and legislation--Europe.
      Human rights--Europe.
    • Description:xxvi, 150 p. ; 24 cm.
    • Series:Social Europe series ; v. 15.
    • Notes:Includes bibliographical references.
    • ISBN:9789050957632 (pbk.)
    • 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.
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