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The Right To Social Cash Benefits Under The Echr

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Chapter Summary

This chapter proves that it makes sense to talk about aspects of the right to social security and social assistance under the European Convention on Human Rights (ECHR). The ECtHR in principle has acknowledged that there exists a decency threshold or minimum core right to social cash benefits under Article 3. However, the threshold is certainly not identical with what the ECSR defines as the poverty threshold in relation to social assistance and social security under the ESC/RESC. When discussing the relation between the right to property and social cash benefits, two issues arise. Firstly, one may ask whether the obligation to pay contributions to various social cash benefit schemes is compatible with the right to peaceful enjoyment of possession. Secondly, recent case law makes it even more relevant to discuss social cash benefits of various kinds as possession in the sense of Article 1 of Protocol No.1.

Keywords: ESC; European Convention on Human Rights (ECHR); minimum core right; RESC; social cash benefits



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