Right to Social Protection
Specific Instruments
  General Instruments
  Articles
  Websites
  Selected Case Law
  Case Law Websites
  Reports
  Books
  Periodicals
  Human Rigths Actors
Right to Social Protection
     
Specific Instruments
Declaration on Territorial Asylum
Date of adoption: 14/12/1967 Entry into force: -
System of protection: Universal
European Convention on Social and Medical Assistance
Date of adoption: 11/12/1953 Entry into force: 1/7/1954
System of protection: Council of Europe
European Code of Social Security
Date of adoption: 16/4/1964 Entry into force: 2/3/2001
System of protection: Council of Europe
European Code of Social Security (Revised)
Date of adoption: 6/10/1990 Entry into force: 2/3/2001
System of protection: Council of Europe
European Convention on Social Security
Date of adoption: 14/12/1972 Entry into force: 1/3/1977
System of protection: Council of Europe
Convention relating to the Status of Stateless Persons
Date of adoption: 28/9/1954 Entry into force: 6/6/1960
System of protection: Universal
Protocol to the European Convention on Social and Medical Assistance
Date of adoption: 11/12/1953 Entry into force: 1/7/1954
System of protection: Council of Europe
Protocol to the European Code of Social Security
Date of adoption: 16/4/1964 Entry into force: 17/3/1968
System of protection: Council of Europe
Protocol to the European Convention on Social Security
Date of adoption: 11/5/1994 Entry into force: -
System of protection: Council of Europe
Additional Protocol to the European Social Charter
Date of adoption: 5/5/1988 Entry into force: 4/9/1992
System of protection: Council of Europe
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights: "Protocol of San Salvador"
Date of adoption: 17/11/1988 Entry into force: 16/11/1999
System of protection: Organization of American States
     
General Instruments
The Cairo Declaration on Human Rights in Islam
Date of adoption: 5/8/1990 Entry into force: -
System of protection: Organization of the Islamic Conference
European Social Charter
Date of adoption: 18/10/1961 Entry into force: 26/2/1965
System of protection: Council of Europe
European Social Charter (revised)
Date of adoption: 3/5/1996 Entry into force: 1/7/1999
System of protection: Council of Europe
Charter of Fundamental Rights of the European Union
Date of adoption: 7/12/2000 Entry into force: -
System of protection: European Union
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Date of adoption: 16/12/1966 Entry into force: 3/1/1976
System of protection: Universal
Universal Declaration of Human Rights (UDHR)
Date of adoption: 10/12/1948 Entry into force: -
System of protection: Universal
American Declaration of the Rights and Duties of Man
Date of adoption: 2/5/1948 Entry into force: -
System of protection: Organization of American States
African Charter on Human and Peoples' Rights (Banjul Charter)
Date of adoption: 27/6/1981 Entry into force: 21/10/1986
System of protection: Organization of African Unity
     
Articles
Analysis of Paralysis or Paralysis by Analysis? Implementing Economic Social and Cultural Rights Under the African Charter on Human and People's Rights
Chidi ODINKALU ANSELM
Latest update: 28/06/2002 First published: 2001
Reference: HRQ Vol 23, p. 327
Outlines the human rights protection agenda that the African Charter enunciates.
     
Languages: English Spanish
Contains four interactive, searchable databases (or directories) of organizations and individuals, project and activities, regional and domestic case law, and events.
Languages: English French
Introduction -News -Access to documents and publications -Access to the case law of the European Social Committee
     
Selected Case Law
Gaygusuz v. Austria
Date: 16/9/1996
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 16 September 1996, Recueil 1996-IV. n° 39/1995/545/631.
Refusal to grant a right to social security benefits prescribed by law - Pecuniary right for the purposes of Article 1-P1 - Discrimination on the sole basis of nationality - Absence of any reasonable justification - Violation.
Schuler-Zgraggen v. Switzerland
Date: 24/6/1993
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 26 June 1993, A-263. n° 17/1992/362/436.
Dispute about social security - Social assistance - Applicability of Article 6 - No violation - Difference in treatment based on sex - Only very strong considerations could justify the differentiation - Violation of Article 14.
Hendrika S. Vos v. Netherlands
Date: 2/5/1989
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/35/D/218/1986
Rule exists to avoid overlapping social benefits - Beneficiaries receive lower social assistance payments based on civil status - No violation of Article 26 (equality before the law).
Ibrahima Gueye et al. v. France
Date: 6/4/1989
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/35/D/196/1985
Refusal, based on a change in nationality, to grant pension rights to Senegalese soldiers who had served France prior to Senegalese independence - Violation of Article 26 (equality before the law).
F. H. Zwaan-de Vries v. the Netherlands
Date: 9/4/1987
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/29/D/182/1984
Social benefits were given to married men but refused to married women - Discrimination based on sex - Violation of Article 26 (equality before the law).
     
Case Law Websites
Council of Europe - Human Rights Web
Languages: English French
Search the case-law of the European Convention on Human Rights control bodies.
International Human Rights Law Database (The)
Languages: English
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database.
     
Reports
La protection sociale
Sénat français - Division des études de législation comparée du service des affaires européennes Date: 12/1995
Reference: LC 10
Source: French Senate
Comparative Law (Germany, Denmark, Spain, Holland and United Kingdom).
     
Books
Droits sociaux et droit européen : bilan et prospective de la protection normative
J.-F. Flauss Ed. - Jean-François FLAUSS
Reference: Bruxelles, Droit & Justice, Bruylant, 2002
Languages: French
In the Council of Europe and in the European Union, social rights are the object of a growing protection, both in quality and quantity. Questions raised : problems of coexistence and reciprocal influences - unicity of the standards of protection
     
Periodicals
Revue trimestrielle des droits de l'homme
Reference: Bruxelles, Nemesis
Contact: vf@lambert.be http://www.revtrdrh.be
Languages: French
Specialized periodical. Articles on doctrine - Commentaries on the decisions of various courts - Extracts of new decisions - Bibliographies - News: conferences... Special issues.
     
Human Rights Actors
Afriafya ()
http://www.afriafya.org/ Type:NGO (Non-Governmental Organization)
Organisation for the promotion of health in Kenya.
Aide Médicale Internationale à l'Enfance (AMIE)
http://www.amie.ca/ Type:NGO (Non-Governmental Organization)
Founded in 1969, AMIE is an organization working for the welfare of children worldwide.
Asian Health Institute (AHI)
http://www.jca.apc.org/ahi/ Type:Other
Japanese organization for the promotion of health in Asia.
Canadian Feed the Children ()
http://www.canadianfeedthechildren.ca/ Type:NGO (Non-Governmental Organization)
Organization for the healthy development of children.
Collaboration Santé Internationale (CSI)
http://www.csiquebec.org/ Type:NGO (Non-Governmental Organization)
NGO supporting education and health.
Comité des droits économiques, sociaux et culturels (CESCR)
http://www.unhchr.ch/html/menu2/6/cescr.htm Type:United Nations System
Treaty body created in 1985 by the ECOSOC (not by the ICESCR itself). Convenes twice a year to monitor the implementation of the Covenant by States parties, assist them in fulfilling their obligations. Writes General Comments on Covenant rights.
François-Xavier Bagnoud Center for Health and Human Rights (Harvard University) ()
http://www.hsph.harvard.edu/fxbcenter/ Type:Research / Education
The first academic center to focus exclusively on health and human rights. Combines research and teaching with service and advocacy. Works internationally and nationally with health and human rights practitioners, governments, NGOs, academics,...
German Foundation for World Population (DSW)
http://www.dsw-online.de/ Type:NGO (Non-Governmental Organization)
DSW is a development co-operation organization working at international level, focusing on demographic development and reproductive health.
Human Rights at Work Foundation ()
http://www.fdht.org Type:NGO (Non-Governmental Organization)
The Foundation supports initiatives for the advancement of fundamental human rights in work situations. The general framework of action: safety and health of workers, freedom of association and negociation, struggle against discrimination...
National Law Center on Homelessness & Poverty (Law Center)
http://www.nlchp.org/about/ Type:Network
The mission of the Law Center is to alleviate, ameliorate and end homelessness by serving as the legal arm of the nationwide movement to end homelessness.
Nestlé Foundation ()
http://www.nestlefoundation.org/ Type:Other
Foundation created by Nestlé in 1966, supports research in human nutrition for developing countries.
UN Permanent Forum on Indigenous Issues ()
http://www.un.org/esa/socdev/pfii Type:United Nations System
Advisory body to UN Economic and Social Council- Indigenous issues concerning economic and social development, culture, environment, education, health and human rights- Established in July 2000.
University of Iowa Center for Human Rights (UICHR)
http://www.uichr.org/ Type:Research / Education
Cross-disciplinary activities designed to consider the problems and prospects of human rights in the US and abroad, with particular attention given to economic, social, and cultural rights.