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The Protection of the Right to Social Security in European Constitutions

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The Protection of the Right to Social Security in European Constitutions International Labour Organization The protection of the right to Social Security in European Constitutions . Compendium of provisions of European Constitutions . Comparative tables Prepared by Lola Tonini Alabiso Online Edition, 2012 www.ilo.org/normes International Labour Standards Department International Labour Office Geneva Copyright © International Labour Organization 2012 First published 2012 (Online version) Disclaimer The International Labour Organization (ILO) welcomes the opportunity to promote its activities and publications to the public. Please be advised that the material contained on this Web site is for information only. The ILO endeavors to update the information on this site on a regular basis, but cannot guarantee its accuracy at all times. The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. Preservation of immunities Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of the International Labour Organization. Links to other Web Sites Although the ILO encourages reciprocating links to other relevant Web sites in the effort to increase visibility to both sites, hyperlinks to other Web sites imply neither responsibility for, nor approval of, the information contained in those other Web sites on the part of the ILO. THE PROTECTION OF THE RIGHT TO SOCIAL SECURITY IN EUROPEAN CONSTITUTIONS (Online version) I. COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS This document has been finalized in October 2012 and contains, for the constitutions of 46 European countries, a compendium of provisions related to the right to social security, which served as a basis for the analysis developed in the main paper. The compendium includes provisions that affirm a right to social security, social protection, or social assistance; that affirm a State duty to protect individuals against specific social risks or to protect specific vulnerable groups of persons; or that have a promotional nature and determine the objectives of the State in matter of social security. For each Constitution, a link to the full text is also provided. However, and due to the frequent changes with regard to such addresses, please refer also to the following, constantly updated, web sites: Council of Europe, European Commission of Democracy through Law, CODICES database University of Richmond, Constitution Finder University of Bern, Online Research Projects, Comparative Constitutional Law COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 1 Albania (1998 – as amended in 2008) ........................................................................... 3 Andorra (1993) ............................................................................................................... 4 Armenia (1995) .............................................................................................................. 4 Austria (1929) ................................................................................................................. 4 Azerbaijan (1978 – as amended in 1995) ...................................................................... 5 Belarus (1996) ................................................................................................................ 6 Belgium (1994 - as amended in 2007) .......................................................................... 6 Bosnia and Herzegovina (1995) ..................................................................................... 7 Bulgaria (1991, as amended in 2005) ............................................................................ 7 Croatia (1990) ................................................................................................................ 8 Cyprus (1960) ................................................................................................................. 9 Czech Republic (1992) .................................................................................................... 9 Denmark (1953) ........................................................................................................... 10 Estonia (1992) .............................................................................................................. 11 Finland (1999) .............................................................................................................. 11 France (1958) ............................................................................................................... 11 Georgia (1995) ............................................................................................................. 12 Germany (1949) ........................................................................................................... 13 Greece .......................................................................................................................... 13 Hungary (2012) ............................................................................................................ 14 Iceland (1944, as amended in 1999) ............................................................................ 15 Italy (1947) ................................................................................................................... 15 Kosovo (2008) .............................................................................................................. 16 Liechtenstein (1921, as amended in 2003) ................................................................. 17 Lithuania (1992 - as amended in 2004) ....................................................................... 17 Luxembourg (1868 - as amended in 1998) .................................................................. 18 Macedonia, FYR (1991 - as amended in 1992) ........................................................... 19 Malta (1964) ................................................................................................................. 20 Republic of Moldova (1994) ......................................................................................... 20 Monaco (1962, as amended in 2002) .......................................................................... 21 Montenegro (2007) ..................................................................................................... 22 Netherlands (2002) ...................................................................................................... 22 Norway (1814) ............................................................................................................. 23 Poland (1997) .............................................................................................................. 23 Portugal (1976) ............................................................................................................ 24 Romania (1991 - as revised in 2003) ............................................................................ 28 Russian Federation (1993) ........................................................................................... 29 San Marino ................................................................................................................... 30 Serbia (2006) ................................................................................................................ 30 Slovakia (1992) ............................................................................................................. 31 Slovenia (1991 – as amended in 2003) ........................................................................ 32 Spain (1978 – as amended in 1992) ............................................................................. 33 Sweden (1975, as amended in 1980) ........................................................................... 34 Switzerland (1999) ....................................................................................................... 34 Turkey (1992 - as amended in 2001) ........................................................................... 37 Ukraine (1996) ............................................................................................................. 38 COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 2 ALBANIA (1998 – AS AMENDED IN 2008) From the website of the University of Berne. Full text Article 49 … 2. Employees have the right to social protection of work. Article 52 1. Everyone has the right to social security in old age or when he is unable to work, according to a system set by law. 2. Everyone, who remains without work for reasons independent of their volition, and has no other means of support, has the right to assistance under the conditions provided by law. Article 53 1. Everyone has the right to get married and have a family. 2. Marriage and family
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