Abstract
This article gives a broad overview of the fundamental right of social assistance. The central question is to what extent the fundamental right to social assistance can count on universal recognition and what legal consequences are drawn from this right when it is invoked in national courts. In order to answer this question, we have looked at this right from a global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa). On the basis of this study we discern a broad synergy in the normative context, not only transgressing through but also operating above the national constitutional jurisdictions. It is observed that from a legal perspective the added value of this right lies in the possibility for an individual to address structural shortcomings in the existing architecture of social assistance schemes. This possibility places courts in the position to critically review the system in the light of human rights requirements.
| Original language | English |
|---|---|
| Pages (from-to) | 219-240 |
| Number of pages | 22 |
| Journal | European Journal of Social Security |
| Volume | 21 |
| Issue number | 3 |
| DOIs | |
| Publication status | E-pub ahead of print - 9 Aug 2019 |
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The fundamental right of social assistance : A global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa). / Vonk, Gijsbert; Olivier, Marius.
In: European Journal of Social Security, Vol. 21, No. 3, 09.08.2019, p. 219-240.Research output: Contribution to journal › Article
TY - JOUR
T1 - The fundamental right of social assistance
T2 - A global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa)
AU - Vonk, Gijsbert
AU - Olivier, Marius
PY - 2019/8/9
Y1 - 2019/8/9
N2 - This article gives a broad overview of the fundamental right of social assistance. The central question is to what extent the fundamental right to social assistance can count on universal recognition and what legal consequences are drawn from this right when it is invoked in national courts. In order to answer this question, we have looked at this right from a global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa). On the basis of this study we discern a broad synergy in the normative context, not only transgressing through but also operating above the national constitutional jurisdictions. It is observed that from a legal perspective the added value of this right lies in the possibility for an individual to address structural shortcomings in the existing architecture of social assistance schemes. This possibility places courts in the position to critically review the system in the light of human rights requirements.
AB - This article gives a broad overview of the fundamental right of social assistance. The central question is to what extent the fundamental right to social assistance can count on universal recognition and what legal consequences are drawn from this right when it is invoked in national courts. In order to answer this question, we have looked at this right from a global, a regional (Europe and Africa) and a national perspective (Germany, the Netherlands and South Africa). On the basis of this study we discern a broad synergy in the normative context, not only transgressing through but also operating above the national constitutional jurisdictions. It is observed that from a legal perspective the added value of this right lies in the possibility for an individual to address structural shortcomings in the existing architecture of social assistance schemes. This possibility places courts in the position to critically review the system in the light of human rights requirements.
KW - constitutions
KW - guaranteed minimum income
KW - justiciability
KW - social assistance
KW - socio-economic fundamental rights
UR - http://www.scopus.com/inward/record.url?scp=85071006252&partnerID=8YFLogxK
U2 - 10.1177/1388262719867337
DO - 10.1177/1388262719867337
M3 - Article
VL - 21
SP - 219
EP - 240
JO - European Journal of Social Security
JF - European Journal of Social Security
SN - 1388-2627
IS - 3
ER -