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)
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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 enjoy special protection of the state. …
Article 54 1. Children, the young, pregnant women and new mothers have the right to special protection by the state. …
Article 55 1. Citizens enjoy in an equal manner the right to health care from the state. 2. Everyone has the right to health insurance pursuant to the procedure provided by law.
Chapter V - Social Objectives Article 59 1. The state, within its constitutional powers and the means at its disposal, aims to supplement private initiative and responsibility with: … g) care and help for the aged, orphans and persons with disabilities; … 2. Fulfilment of social objectives may not be claimed directly in court. The law defines the conditions and extent to which the realization of these objectives can be claimed.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 3 ANDORRA (1993) From the website of the University of Berne. Full text
Article 1 1. Andorra is a Democratic and Social independent State abiding by the Rule of Law. Its official name is Principat d'Andorra.
Article 30 The right to health protection and to receive services to look after personal needs shall be respected. With that intent the State shall guarantee a system of Social Security.
ARMENIA (1995) From the website of the National Assembly of the Republic of Armenia. Full text
Article 1 The Republic of Armenia is a sovereign, democratic state, based on social justice and the rule of law.
Article 32 The family is the natural and fundamental cell of society. Family, motherhood, and childhood are placed under the care and protection of society and the state. Women and men enjoy equal rights when entering into marriage, during marriage, and in the course of divorce.
Article 33 Every citizen is entitled to social security during old age, disability, sickness, loss of an income earner, unemployment and in other cases prescribed by law.
Article 34 Everyone is entitled to the preservation of health. The provision of medical care and services shall be prescribed by law. The state shall put into effect health care protection programs for the population and promote the development of sports and physical education.
AUSTRIA (1929) From the website of the University of Berne. Full text
Article 12 [Federal Framework Legislation] (1) In the following matters, framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the States: 1. social welfare; population policy in so far as it does not fall under Article 10; public social and welfare establishments; maternity, infant, and adolescent welfare;
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 4 hospitals and nursing homes; requirements to be imposed for health reasons on health resorts, sanatoria, and health establishments; natural curative resources; …
Article 102 [State-Governor] … (2) The following matters can, within the framework of the constitutionally established sphere of competence, be directly performed by the federal authorities.
AZERBAIJAN (1978 – as amended in 1995) From the website ConstitutionsFinder.com Full text
Article 17 - Family and State The family as the foundation of society shall be under special protection of the State. To take care of the children and their upbringing shall be the obligation of the parents. The state shall see to it that this obligation be fulfilled.
Article 35 - Right to Labour … Unemployed shall have the right to get social benefits from the State. …
Article 38 - Right to Social Security Every Person shall have the right to Social Security. It shall be the obligation of the family members in the first place to render assistance to those people in their family who need it. Every Person shall have the right to Social Security in old age, sickness as stipulated by Law, disability, when losing work ability or the breadwinner of the family, when unemployed and in other cases specified by Law. Minimum extent of pensions and social benefits shall be defined by Law. The State shall create possibilities for developing charity work, voluntary social insurance, and other forms of social security and shall do all the best to promote their development.
Article 41 - Right to Health Protection Every Person shall have the right to Health Protection and Medical Aid. The State acting on the basis of various forms of property shall implement necessary measures to promote the development of all aspects of health services, ensure the sanitary-epidemiological security, create various forms of medical insurance. …
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 5 BELARUS (1996) From the website of the Republic of Belarus. Full text
Article 32 Marriage, family, motherhood, fatherhood, and childhood shall be under the protection of the State. … Young people shall be guaranteed the right to their spiritual, moral and physical development. …
Article 41 … The State shall create conditions necessary for full employment of the population. If a person is unemployed for reasons which are beyond his control, he shall be guaranteed training in new specialisations and upgrading of his qualifications with regard to social needs, and to an unemployment benefit in accordance with the law. …
Article 47 Citizens of the Republic of Belarus shall be guaranteed the right to social security in old age, in the event of illness, disability, incapability to work, loss of the bread- winner and in other instances specified by law. The State shall display particular care for veterans of war and labour as well as for those who undermined their health defending national and public interests.
BELGIUM (1994 - AS AMENDED IN 2007) From the website of the Constitutional Court of Belgium. Full text
Article 22bis Every child has the right to the respect of his moral, physical, mental and sexual integrity. … The law, federate law or rule referred to in Article 134 guarantees these rights of the child.
Article 23 Everyone has the right to lead a life in keeping with human dignity. To this end, the laws, federate laws and rules referred to in Article 134 guarantee economic, social and cultural rights, taking into account corresponding obligations, and determine the conditions for exercising them. … These rights include among others : …
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 6 2° the right to social security, to health care and to social, medical and legal aid; …
BOSNIA AND HERZEGOVINA (1995) From the website of the Constitutional Court of Bosnia and Herzegovina Full text
No relevant provisions found
BULGARIA (1991, as amended in 2005) From the website of the Council of Ministers of Bulgaria. Full text
Article 14 The family, motherhood and children shall enjoy the protection of the state and society.
Article 47 (1) The raising and upbringing of children until they come of age shall be a right and obligation of their parents and shall be assisted by the state. (2) Mothers shall be the object of special protection on the part of the state and shall be guaranteed prenatal and postnatal maternity leave, free obstetric care, alleviated working conditions and other social assistance. (3) Children born out of wedlock shall enjoy equal rights with those born in wedlock. (4) Abandoned children shall enjoy the protection of the state and society. (5) The conditions and procedure for the restriction or suspension of parental rights shall be established by law.
Article 51 (1) Citizens shall have the right to social insurance and welfare aid. (2) The state shall provide social insurances to the temporarily unemployed in accordance with conditions and procedures established by law. (3) The aged without relatives and unable to take care of themselves, as well as the disabled and the people in socially disadvantaged position shall receive special protection from the state and society.
Article 52 (1) Citizens shall have the right to health insurance guaranteeing them affordable medical care, and to free medical care in accordance with conditions and procedures established by law. (2) Citizens' medical care shall be funded by the state budget, by employers, through private and collective health-insurance schemes, and from other sources in compliance with the law. (3) The state shall protect the health of citizens and shall promote the development
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 7 of sports and tourism. …
CROATIA (1990) From the website of the Parliament of Croatia. Full text
Article 57 The right of employees and their family members to social security and social insurance shall be regulated by law and collective agreements. Rights related to child-birth, maternity and child care shall be regulated by law.
Article 58 The state shall ensure the right to assistance for weak, infirm or other persons unable to meet their basic subsistence needs as a result of their unemployment or incapacity for work. The state shall devote special care to the protection of persons with disabilities and their inclusion in social life. The state shall devote special care to the protection of Croatian war veterans and disabled Croatian war veterans, as well as the widows, parents and children of fallen Croatian war veterans. Receiving humanitarian aid from abroad may not be forbidden.
Article 59 Everyone shall be guaranteed the right to health care, in conformity with law.
Article 62 The family shall enjoy special protection of the state. Marriage and legal relations in marriage, common-law marriage and the family shall be regulated by law.
Article 63 The state shall protect maternity, children and youth, and shall create social, cultural, educational, material and other conditions promoting the achievement of the right to a suitable life.
Article 64 … Physically and mentally disabled and socially neglected children shall have the right to special care, education and welfare. … The State shall take special care of parentless minors or parentally neglected children.
Article 65 Everyone shall have the duty to protect children and helpless persons.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 8 … Article 70 Everyone shall have the right to a healthy life. The state shall ensure conditions for a healthy environment. Everyone shall, within the scope of their powers and activities, accord particular attention to the protection of human health, nature and the human environment.
CYPRUS (1960) Declaration by her Majesty’s Government Regarding the Administration of the Sovereign Base Areas From the website of the Government of Cyprus. Full text
Article 9 Every person has the right to a decent existence and to social security. A law shall provide for the protection of the workers, assistance to the poor and for a system of social insurance.
CZECH REPUBLIC (1992) - Constitution: from the website of the President of the Republic Full text - Charter of Fundamental Rights and Basic Freedoms: from the website of the National Assembly of the Czech Republic. Full text
Charter of fundamental rights and freedoms
Article 26 … (3) Everybody has the right to acquire the means of his or her livelihood by work. The State shall provide appropriate material security to those citizens who are unable without their fault to exercise this right; the respective conditions shall be set by law. …
Article 29 (1) Women, adolescents, and handicapped persons are entitled to increased protection of their health at work and to special working conditions. (2) Adolescents and handicapped persons are entitled to special protection in labour relations and to assistance in vocational training. (3) Detailed provisions in this respect shall be set by law.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 9 Article 30 (1) Citizens are entitled to material security in old age and during incapacitation for work, as well as in the case of loss of their provider. (2) Everybody who suffers from material need is entitled to such assistance as is essential for securing his or her basic living conditions. (3) Detailed provisions in this respect shall be set by law.
Article 31 Everybody has the right to protection of his or her health. Citizens are entitled under public insurance to free medical care and to medical aids under conditions set by law.
Article 32 (1) Parenthood and the family are under protection of the law. Special protection of children and adolescents is guaranteed. (2) During pregnancy women are guaranteed special care, protection in labour relations, and appropriate working conditions. (3) Children born in as well as out of wedlock have equal rights. (4) Care of children and their upbringing are the right of their parents; children are entitled to parental upbringing and care. Parental rights may be limited and minor children may be taken away from their parents against the latter's will only by judicial decision on the basis of law. (5) Parents who are raising children are entitled to assistance from the State. (6) Detailed provisions in this respect shall be set by law.
DENMARK (1953) From the website of the Government of Denmark. Full text
Section 75 Subsection 1. It should be an aim that every able-bodied citizen has the opportunity to work under conditions that safeguard his or her existence in order to promote the common good. Subsection 2. A person who is unable to support himself or his dependants, and whom no one else is under an obligation to support, is entitled to assistance from the State, while accepting the obligations that the Act relating to such assistance imposes.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 10 ESTONIA (1992) From the website of the President of Estonia. Full text
Article 27 The family, being fundamental to the preservation and growth of the nation and as the basis of society shall be protected by the state. …
Article 28 Everyone has the right to the protection of health. An Estonian citizen has the right to state assistance in the case of old age, inability to work, loss of a provider, or need. The categories and extent of assistance, and the conditions and procedure for the receipt of assistance shall be provided by law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by law. The state shall promote voluntary and local government welfare services. Families with many children and persons with disabilities shall be under the special care of the state and local governments.
FINLAND (1999) From the website of the Parliament of Finland. Full text
Section 19 - The right to social security Those who cannot obtain the means necessary for a life of dignity have the right to receive indispensable subsistence and care. Everyone shall be guaranteed by an Act the right to basic subsistence in the event of unemployment, illness, and disability and during old age as well as at the birth of a child or the loss of a provider. The public authorities shall guarantee for everyone, as provided in more detail by an Act, adequate social, health and medical services and promote the health of the population. Moreover, the public authorities shall support families and others responsible for providing for children so that they have the ability to ensure the wellbeing and personal development of the children. The public authorities shall promote the right of everyone to housing and the opportunity to arrange their own housing.
FRANCE (1958) From the website of the National Assembly of France: Full text - English version Full text, Original French version
Preamble to the 27th of October 1946 Constitution:
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 11 From the website of the French Conseil Constitutionnel Full text
Preamble (Constitution 0f 1958) The French people solemnly proclaim their attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789, confirmed and complemented by the Preamble to the Constitution of 1946, and to the rights and duties as defined in the Charter for the Environment of 2004.
Article 1 France shall be an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs. It shall be organised on a decentralised basis. …
Preamble to the 27th of October 1946 Constitution: … The Nation shall provide the individual and the family with the conditions necessary to their development. It shall guarantee to all, notably to children, mothers and elderly workers, protection of their health, material security, rest and leisure. All people who, by virtue of their age, physical or mental condition, or economic situation, are incapable of working, shall have to the right to receive suitable means of existence from society. ...
GEORGIA (1995) From the website of the Parliament of Georgia. Full text
Article 32 The state shall promote the unemployed citizen of Georgia to be employed. The conditions of the provision of a minimum standard of living and the status of the unemployed shall be determined by law.
Article 36 1. Marriage shall be based upon equality of rights and free will of spouses. 2. The state shall promote the prosperity of the family. 3. The rights of the mother and the child shall be protected by law.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 12 Article 37 1. Everyone shall have the right to enjoy health insurance as a means of accessible medical aid. In the cases determined in accordance with a procedure prescribed by law, free medical aid shall be provided. 2. The state shall control all institutions of health protection and the production and trade of medicines. …
GERMANY (1949) From the website of the Bundestag. Full text
Article 6 - Marriage – Family – Children (1) Marriage and the family shall enjoy the special protection of the state. (2) The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them. The state shall watch over them in the performance of this duty. … (4) Every mother shall be entitled to the protection and care of the community. …
Article 20 - Constitutional principles – Right of resistance (1)The Federal Republic of Germany is a democratic and social federal state. …
GREECE From the website of the Hellenic Parliament. Full text
Article 5 ** 5. All persons are entitled to the protection of their health and of their genetic identity. ...
Article 21 1. The family, being the cornerstone of the preservation and the advancement of the Nation, as well as marriage, motherhood and childhood, shall be under the protection of the State. 2. Families with many children, disabled war and peace-time veterans, war victims, widows and orphans, as well as persons suffering from incurable bodily or mental ailments are entitled to the special care of the State. 3. The State shall care for the health of citizens and shall adopt special measures for the protection of youth, old age, disability and for the relief of the needy. …
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 13 6. People with disabilities are entitled to benefit from measures ensuring their selfsufficiency, professional integration and participation in the social, economic and political life of the Country.
Article 22 … 4. The State shall care for the social security of the working people, as specified by law.
HUNGARY (2012) Link to full text (consolidated as of 1st October 2013) from the Government website Full text
Article XVI 1. Every child shall have the right to the protection and care required for his or her proper physical, mental and moral development. 2. Parents shall have the right to choose the type of upbringing they deem fit for their children. 3. Parents shall be obliged to look after their children. This obligation shall include the provision of schooling for their children. 4. Adult children shall be obliged to look after their parents if they are in need.
Article XIX 1. Hungary shall strive to provide social security to all of its citizens. Every Hungarian citizen shall be entitled to statutory subsidies for maternity, illness, disability, widowhood, orphanage and unemployment not caused by his or her own actions. 2. Hungary shall implement social security for the persons listed in Paragraph (1) and other people in need through a system of social institutions and measures. 3. The nature and extent of social measures may be determined by law in Accordance with the usefulness to the community of the beneficiary’s activity. 4. Hungary shall promote the livelihood of the elderly by maintaining a general state pension system based on social solidarity and by allowing for the operation of voluntarily established social institutions. Eligibility for a state pension may include statutory criteria in consideration of the requirement for special protection to women.
Article XX 1. Every person shall have the right to physical and mental health. 2. Hungary shall promote the exercise of the right set out in Paragraph (1) by ensuring that its agriculture remains free from any genetically modified organism, by providing access to healthy food and drinking water, by managing industrial safety and healthcare, by supporting sports and regular physical exercise, and by ensuring environmental protection. …
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 14 ICELAND (1944, as amended in 1999) From the website of the Government of Iceland: Full text
Article 76 The law shall guarantee for everyone the necessary assistance in case of sickness, invalidity, infirmity by reason of old age, unemployment and similar circumstances. The law shall guarantee for everyone suitable general education and tuition. For children, the law shall guarantee the protection and care which is necessary for their well-being.
IRELAND (1937) From the website of the All-Party Oireachtas Committee on the Constitution: Full text
The Family - Article 41 … 1(2°) The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State. … 2(2°) The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.
ITALY (1947) From the website of the Senate. Full text
Article 30 - Parental Duties and Rights It is the duty and right of parents to support, raise and educate their children, even if born out of wedlock. In the case of incapacity of the parents, the law provides for the fulfilment of their duties. The law ensures such legal and social protection measures as are compatible with the rights of the members of the legitimate family to any children born out of wedlock. …
Article 32 - Health The Republic safeguards health as a fundamental right of the individual and as a collective interest, and guarantees free medical care to the indigent. No one may be obliged to undergo any health treatment except under the provisions of the law. The law may not under any circumstances violate the limits imposed by respect for the human person.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 15
Article 37 - Equality of Women at Work Working women are entitled to equal rights and, for comparable jobs, equal pay as men. Working conditions must allow women to fulfil their essential role in the family and ensure appropriate protection for the mother and child. The law establishes the minimum age for paid labour. The Republic protects the work of minors by means of special provisions and guarantees them the right to equal pay for equal work.
Article 38 - Welfare Every citizen unable to work and without the necessary means of subsistence is entitled to welfare support. Workers have the right to be assured adequate means for their needs and necessities in the case of accidents, illness, disability, old age and involuntary unemployment. Disabled and handicapped persons are entitled to receive education and vocational training. Responsibilities under this article are entrusted to entities and institutions established by or supported by the State. Private-sector assistance may be freely provided.
KOSOVO (2008) From the website kushtetutakosoves. Full text
Article 50 - Rights of Children 1. Children enjoy the right to protection and care necessary for their wellbeing. ...
Article 51 - Health and Social Protection 1. Healthcare and social insurance are regulated by law. 2. Basic social insurance related to unemployment, disease, disability and old age shall be regulated by law.
LATVIA (1992) From the website of the Government of Latvia. Full text
Article 109 Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.
Article 110
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 16 The State shall protect and support marriage – a union between a man and a woman, the family, the rights of parents and rights of the child. The State shall provide special support to disabled children, children left without parental care or who have suffered from violence.
Article 111 The State shall protect human health and guarantee a basic level of medical assistance for everyone.
LIECHTENSTEIN (1921, as amended in 2003) From the website of the legal services of the Government of Liechtestein Full text
Article 18 The State shall be responsible for the public health system, assist institutions for the care of the sick, and seek by legislation to combat intemperance and to reform alcoholics and work-shy persons.
Article 20 1. To increase employment and to advance its economic interests, the State shall promote and assist agriculture, alpine farming, trade and industry. In particular, it shall promote insurance against damage and injuries to which workers and goods are exposed, and shall take measures to prevent such injuries and damage.
Article 25 Public poor relief shall be administered by the communes in conformity with specific laws. The State shall be responsible, however, for the supervision of such activities. It may grant appropriate assistance to the communes, especially for the proper care of orphans, the mentally handicapped, persons suffering from incurable diseases and the aged.
Article 26 The State shall support and promote health, old age, disability and fire insurance schemes.
LITHUANIA (1992 - as amended in 2004) From the website of the Constitutional Court of Lithuania. Full text
Article 38 The family shall be the basis of society and the State. Family, motherhood, fatherhood and childhood shall be under the protection and care of the State. Marriage shall be concluded upon the free mutual consent of man and woman. The State shall register marriages, births, and deaths. The State shall also recognise
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 17 church registration of marriages. …
Article 39 The State shall take care of families that raise and bring up children at home, and shall render them support according to the procedure established by law. The law shall provide to working mothers a paid leave before and after childbirth as well as favourable working conditions and other concessions. Under age children shall be protected by law.
Article 48 Each human being may freely choose a job or business, and shall have the right to have proper, safe and healthy conditions at work, to receive fair pay for work and social security in the event of unemployment. …
Article 52 The State shall guarantee to citizens the right to receive old age and disability pensions as well as social assistance in the event of unemployment, sickness, widowhood, loss of the breadwinner, and in other cases provided for by laws.
Article 53 The State shall take care of people’s health and shall guarantee medical aid and services for the human being in the event of sickness. The procedure for providing medical aid to citizens free of charge at State medical establishments shall be established by law. The State shall promote physical culture of society and shall support sport. The State and each person must protect the environment from harmful influences.
LUXEMBOURG (1868 - as amended in 1998) - English version: From the website of the University of Berne. Full text - French version: from the website of the Parliament of Luxembourg. Full text
Article 11 - Basic Rights … 5) The law organizes the social security, health protection, and rest of workers and guarantee the freedom of trade unions. …
Article 23 - Education, Health (1) The State ensures that every Luxembourger receives primary education which is compulsory and provided free of charge. Medical and social assistance is regulated by the law.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 18 (2) The State sets up secondary educational establishments and the necessary courses of higher education. It also establishes free vocational training courses.
MACEDONIA, FYR (1991 - as amended in 1992) From the website of the Constitutional Court of Macedonia: Full text
Article 34 Citizens have a right to social security and social insurance, determined by law and collective agreement.
Article 35 The Republic provides for the social protection and social security of citizens in accordance with the principle of social justice. The Republic guarantees the right of assistance to citizens who are infirm or unfit for work. The Republic provides particular protection for invalid persons, as well as conditions for their involvement in society.
Article 36 The Republic guarantees particular social security rights to veterans of the Anti- Fascist War and of all Macedonian national liberation wars, to war invalids, to those expelled and imprisoned for the ideas of the separate identity of the Macedonian people and of Macedonian statehood, as well as to member of their families without means of material and social subsistence. The particular rights are regulated by law.
Article 39 Every citizen is guaranteed the right to health care. Citizens have the right and duty to protect and promote their own health and the health of others.
Article 40 The Republic provides particular care and protection for the family. The legal relations in marriage, the family and cohabitation and regulated by law. Parents have the right and duty to provide for the nurturing and education of their children. Children are responsible for the care of their old and infirm parents. The Republic provides particular protection for parentless children without parental care.
Article 42
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 19 The Republic particularly protects mothers, children and minors. A person under 15 years of age cannot be employed. Minors and mothers have right to particular protection at work. Minors may not be employed in work which is detrimental to their health or mortality.
MALTA (1964) From the website of the Government of Malta. Full text
Chapter II Declaration of Principles 17. (1) Every citizen incapable of work and unprovided with the resources necessary for subsistence is entitled to maintenance and social assistance. (2) Workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment. (3) Disabled persons and persons incapable of work are entitled to education and vocational training.
REPUBLIC OF MOLDOVA (1994) From the website Constitution Finder - University of Richmond Full text
Article 36 - The Right of Health Security (1) The right of health security is guaranteed. (2) The State shall provide a minimum health insurance, that is free. (3) Organic laws will establish the structure of the national health security system and the means necessary for protecting individual physical and mental health. …
Article 47 - The Right of Receiving Social Assistance and Protection (1) The State is obliged to take action aimed at ensuring that every person has a decent standard of living, whereby good health and welfare, based on available food, clothing, shelter, medical care, and services are secured for that person and his/her family. (2) All citizens have the right to be insured against such adversities as unemployment, disease, disability, widowhood, old age or other situations where, due to causes beyond one's control one loses the source or means of obtaining the necessities of life.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 20
Article 48 - Family (1) The family is the natural and fundamental constituent of society, and as such has the right to be protected by the State and by society. (2) The family is founded on the freely consented marriage of husband and wife, on the spouses equality of rights and on the duty of parents to ensure their children's upbringing and education; …
Article 49 - Protection of Family and Orphaned Children (1) By economic and other actions the State shall support the formation and development of families, and the fulfillment of their duties. (2) The State shall protect the motherhood, the children and the young and promote the development of the institutions required to put that protection into effect. (3) All efforts aimed at maintaining bringing up and educating orphaned children and those children deprived of parental care constitute the responsibility of the State and of society. The State promotes and supports charitable activities for the benefit of these children.
Article 50 - Protection of Mothers, Children and Young People (1) Mothers and children have the right of receiving special protection and care. All children, including those born out of wedlock, shall enjoy the benefits of the same social assistance. (2) Children and young people enjoy a special form of assistance in the enforcement or their rights. (3) The State shall grant the required allowances for children and the aid needed for the care of sick or disabled children. The law shall provide for other forms of social assistance for children and the young. …
Article 51 - Protection of Disabled Persons (1) The disabled persons shall enjoy a special form of protection from the whole of society. The State shall ensure that normal conditions exist for medical treatment and rehabilitation, education, training and integration of disabled persons. (2) Except for those cases that are provided for under the law nobody may be submitted to forced medical treatment.
MONACO (1962, as amended in 2002) Original French version, from the website of the Government of Monaco: Full text English version, unofficial translation
Article 26.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 21 Monegasques are entitled to state assistance in case of indigence, unemployment, sickness, disability, maternity and old age, under the conditions and manner prescribed by law.
MONTENEGRO (2007) From the website “Legislation online” Full text
Article 67 - Social insurance Social insurance of the employed shall be mandatory. The state shall provide material security to the person that is unable to work and has no funds for life.
Article 68 - Protection of the persons with disability Special protection of the persons with disability shall be guaranteed.
Article 69 - Health protection Everyone shall have the right to health protection. A child, a pregnant woman, an elderly person and a person with disability shall have the right to health protection from public revenues, if they do not exercise this right on some other grounds.
Article 72 - Family Family shall enjoy special protection. Parents shall be obliged to take care of their children, to bring them up and educate them. Children shall take care of their own parents in need of assistance. Children born out of wedlock shall have the same rights and responsibilities as children born in marriage.
Article 73 - Protection of mother and child Mother and child shall enjoy special protection. The state shall create the conditions that encourage childbirth.
Article 74 - Rights of a child A child shall enjoy rights and freedoms appropriate to his age and maturity. A child shall be guaranteed special protection from psychological, physical, economic and any other exploitation or abuse.
NETHERLANDS (2002) From the website of the Ministryof the Interior and Kingdom Relations of the Netherlands. Full text
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 22 Article 20 1. It shall be the concern of the authorities to secure the means of subsistence of the population and to achieve the distribution of wealth. 2. Rules concerning entitlement to social security shall be laid down by Act of Parliament. 3. Dutch nationals resident in the Netherlands who are unable to provide for themselves shall have a right, to be regulated by Act of Parliament, to aid from the authorities.
Article 22 1. The authorities shall take steps to promote the health of the population. 2. It shall be the concern of the authorities to provide sufficient living accommodation. 3. The authorities shall promote social and cultural development and leisure activities.
NORWAY (1814) Website of the Parliament of Norway Full text
No relevant provisions
POLAND (1997) From the website of the Senate of Poland. Full text
Article 2 The Republic of Poland shall be a democratic state ruled by law and implementing the principles of social justice.
Article 18 Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.
Article 19 The Republic of Poland shall take special care of veterans of the struggle for independence, particularly war invalids.
Article 67
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 23 1. A citizen shall have the right to social security whenever incapacitated for work by reason of sickness or invalidism as well as having attained retirement age. The scope and forms of social security shall be specified by statute. 2. A citizen who is involuntarily without work and has no other means of support, shall have the right to social security, the scope of which shall be specified by statute.
Article 68 1. Everyone shall have the right to have his health protected. 2. Equal access to health care services, financed from public funds, shall be ensured by public authorities to citizens, irrespective of their material situation. The conditions for, and scope of, the provision of services shall be established by statute. 3. Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age. …
Article 69 Public authorities shall provide, in accordance with statute, aid to disabled persons to ensure their subsistence, adaptation to work and social communication.
Article 71 1. The State, in its social and economic policy, shall take into account the good of the family. Families, finding themselves in difficult material and social circumstances - particularly those with many children or a single parent - shall have the right to special assistance from public authorities. 2. A mother, before and after birth, shall have the right to special assistance from public authorities, to the extent specified by statute.
Article 72 1. The Republic of Poland shall ensure protection of the rights of the child. Everyone shall have the right to demand of organs of public authority that they defend children against violence, cruelty, exploitation and actions which undermine their moral sense. 2. A child deprived of parental care shall have the right to care and assistance provided by public authorities. 3. Organs of public authority and persons responsible for children, in the course of establishing the rights of a child, shall consider and, insofar as possible, give priority to the views of the child. 4. The competence and procedure for appointment of the Commissioner for Children's Rights shall be specified by statute.
PORTUGAL (1976) From the website of the University of Berne: Full text
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 24 Preamble … The Constituent Assembly affirms the Portuguese people's decision to defend their national independence, safeguard the fundamental rights of citizens, establish the basic principles of democracy, secure the primacy of the rule of law in a democratic state, and open the way to socialist society, respecting the will of the Portuguese people and keeping in view the building of a freer, more just, and more fraternal country. The Constituent Assembly, meeting in plenary session on 2 April 1976, approves and decrees the following Constitution of the Portuguese Republic.
Article 8 - International Law (1) The rules and principles of general or ordinary international law are an integral part of Portuguese law. (2) Rules provided for in international conventions duly ratified or approved, following their official publication, apply in municipal law as long as they remain internationally binding with respect to the Portuguese State. (3) Rules laid down by the competent organs of international organization to which Portugal belongs, apply directly in municipal law insofar as the constitutive treaties as applicable provide to that effect.
Article 9 - Basic Tasks of the State The basic tasks of the State are: a) To safeguard national independence and create the political, economic, social, and cultural conditions conducive to it; b) To safeguard fundamental rights and freedoms and respect for the principles of the democratic State based on law; c) To defend political democracy, secure and promote the democratic participation of the citizens in solving the national problems; d) To promote the people's welfare and quality of life, real equality among the Portuguese as well as the realization of economic, social, and cultural rights by way of transforming and modernizing the economic and social structures; …
Article 59 - Rights of Workers (1) All workers, regardless of their age, sex, race, nationality, land of origin, religion, or political or ideological convictions, are entitled to: a) Remuneration for their work according to its quantity, nature, and quality, on the principle of equal pay for equal work, so as to secure to them an appropriate livelihood; b) The organization of work in conditions making for dignity so as to permit personal self-fulfillment; c) Safe and healthy working conditions; d) Rest and recreation, a limit to the length of the working day, a weekly rest day and holidays with pay; e) Material assistance when they are involuntarily unemployed.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 25 c) Special protection at work for women during pregnancy and after childbirth, for minors, for disabled persons, and for those engaged in activities requiring particular effort or working in unhealthy, poisonous, or dangerous conditions; e) Protecting the working conditions and safeguarding social benefits of emigrant workers.
Chapter II Social Rights and Duties Article 63 - Social Security (1) Everyone is entitled to social security. (2) It is the duty of the State to organize, coordinate, and subsidize a unified and decentralized social security system, with the participation of the trade union associations, other organizations representing the workers, and associations representing the other beneficiaries. (3) The right to set up private and non-profit-making institutions of social solidarity that pursue the social security objectives laid out in this Article and in Articles 67 (2)(b), 69, 70 (1)(d), 71 and 72, is recognized; they are regulated in the law and subject to State supervision. (4) The social security system protects citizens in sickness, old age, disability, widowhood, orphanhood, unemployment, and all other situations in which the means of subsistence or capacity to work are lost or reduced. (5) All the periods of time spent working regardless of the sectors of activity where the work was performed, are taken into account for the purposes of calculating the amount of old age and disability pensions, in accordance with the law.
Article 64 - Health (1) Everyone has the right to protection of his or her health and the duty to defend and foster it. (2) The right to health protection is to be met by: a) A universal and general national health service that, taking into account the economic and social conditions of the citizens, tending to be free of charge; b) The creation of economic, social, and cultural conditions securing the protection of children, the young, and the old; the systematic improvement of living and working conditions; the promotion of physical fitness and sports in school and among the people; the development of the people's sanitary education. (3) In order to secure the right to health protection, the State has prime duty to: a) Secure the access of all citizens, regardless of their economic condition, to preventive as well as curative and rehabilitation medical care; b) Secure a rational and efficient medical and hospital coverage of the whole country; c) Direct its action towards the socialization of the costs of medical and medico- pharmaceutical care; d) Control and supervise medicine practiced in partnership and privately, coordinating it with the national health service; e) Control and supervise the production, marketing and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis. (4) The national health service has a decentralized management in which the beneficiaries take part.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 26 Article 67 - Family (1) The family, as a fundamental element of society has the right to protection by society and the State and to the creation of all conditions permitting the personal self-fulfillment of its members. (2) The State has the duty of protecting the family, in particular by: a) Promoting the social and economic independence of family units; b) Promoting the establishment of a national network of assistance to mothers and children, a national network of day care centers and facilities for aiding the family, and a policy for the old; c) Cooperating with parents in the education of their children; d) Promoting by all necessary means the wider knowledge of family planning methods and setting up legal and technical structures permitting planned parenthood; e) Adjusting taxes and social security benefits in line with family responsibilities; f) Determining, after hearing associations representing families, and carrying out an overall and integrated family policy.
Article 68 - Fatherhood and Motherhood (1) In carrying out their irreplaceable action with regard to their children, notably as concerns the education of the latter, fathers and mothers are entitled to protection by society and the State, with safeguards for their occupational self-fulfillment and their participation in the country's civic life. (2) Motherhood and fatherhood are eminent social values. (3) When pregnant and after having given birth, women at work are entitled to special protection, including entitlement to leave from work without loss of remuneration and any privileges.
Article 69 - Childhood (1) Children have the right to the protection of society and the State with a view to their full development. (2) Children, particularly orphans and abandoned children, are entitled to special protection by society and the State against any form of discrimination and oppression and against abuses of authority in the family and other institutions.
Article 70 - Young People (1) Young people, especially young people at work, receive special protection for the purpose of effective enjoyment of their economic, social, and cultural rights, notably with respect to: a) Education, vocational training, and culture; b) Access to a first job, work, and social security; c) Physical education and sports; d) The use of leisure-time. (2) The prime objective of youth policy is to develop in young people their character, a liking for unfettered creation, and a sense of service to the community, as well as to create the prerequisites leading to their effective integration in active life. (3) In conjunction with the families, schools, businesses, neighborhood organizations, cultural associations, and trusts, recreational and cultural groups, the
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 27 State promotes and assists the youth organizations in pursuing the above-mentioned objectives, as well as the international exchanges of young people.
Article 71 - Disabled Persons (1) Citizens who are physically or mentally disabled enjoy all the rights and be subject to all the duties embodied in the Constitution, except for the exercise or performance of those for which their disablement renders them unfit. (2) The State carries out a national policy for prevention and for the treatment, rehabilitation, and integration of handicapped persons, develops a form of education to make society aware of its duties of respect for them and solidarity with them, and ensures that they enjoy their rights fully, without prejudice to the rights and duties of their parents or guardians. (3) The State assists the disabled persons' associations.
Article 72 - Old Age (1) Old people have the right to economic security and to conditions of housing and of family and community life that prevents and overcomes their isolation and marginal position in society. (2) The policy for the old also comprises economic, social, and cultural measures that tend to provide old people with opportunities for personal self-fulfillment through active participation in community life.
Article 81 - Prime Duties of the State In the economic and social sphere the prime duties of the State are: a) To promote an increase in the social and economic well-being and the quality of life of the people, especially the most underprivileged classes; b) To undertake the necessary corrections with respect to imbalances in the distribution of wealth and income; … d) To guide the economic and social development towards balanced growth of all sectors and regions and to progressively eliminate the economic and social differences between town and country; …
ROMANIA (1991 - as revised in 2003) From the website of the chamber of the deputies of Romania. Full text
Article 34 - Right to protection of health (1) The right to the protection of health is guaranteed. (2) The State shall be bound to take measures to ensure public hygiene and health. (3) The organization of the medical care and social security system in case of sickness, accidents, maternity and recovery, the control over the exercise of medical professions and paramedical activities, as well as other measures to protect physical and mental health of a person shall be established according to the law.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 28 Article 41 - Labour and social protection of labour … (2) All employees have the right to measures of social protection. These concern employees' safety and health, working conditions for women and young people, the setting up of a minimum gross salary per economy, weekends, paid rest leave, work performed under difficult and special conditions, as well as other specific conditions, as stipulated by the law. …
Article 47 - Living standard (1) The State shall be bound to take measures of economic development and social protection, of a nature to ensure a decent living standard for its citizens. (2) Citizens have the right to pensions, paid maternity leave, medical care in public health centres, unemployment benefits, and other forms of public or private social securities, as stipulated by the law. Citizens have the right to social assistance, according to the law.
Article 49 - Protection of children and young people (1) Children and young people shall enjoy special protection and assistance in the pursuit of their rights. (2) The State shall grant allowances for children and benefits for the care of ill or disabled children. Other forms of social protection for children and young people shall be established by law. …
Article 50 - Protection of disabled persons Disabled persons shall enjoy special protection. The State shall provide the accomplishment of a national policy of equal opportunities, disability prevention and treatment, so that disabled persons can effectively participate in community life, while observing the rights and duties of their parents or legal guardians.
RUSSIAN FEDERATION (1993) From the website of Bucknell. Full text
Article 7 1. The Russian Federation shall be a social state, whose policies shall be aimed at creating conditions which ensure a dignified life and free development of man. 2. The Russian Federation shall protect the work and health of its people, establish a guaranteed minimum wage, provide state support for family, motherhood, fatherhood and childhood, and also for the disabled and for elderly citizens, develop a system of social services and establish government pensions, benefits and other social security guarantees.
Article 39
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 29 1. Everyone shall be guaranteed social security in old age, in case of disease, invalidity, loss of breadwinner, to bring up children and in other cases established by law. 2. State pensions and social benefits shall be established by laws. 3. Voluntary social insurance, development of additional forms of social security and charity shall be encouraged.
SAN MARINO Italian version: Website of the republic of San Marino: Declaration on the rights of the citizens and on fundamental principles of the legal system of San Marino (1974). Full text English version: unofficial translation
Article 9 Work is a right and duty of every citizen. The law guarantees the worker a fair wage, holidays, weekly rest and the right to strike. All citizens have the right to social security. International agreements on the protection of human rights and freedoms, regularly signed and made enforceable, prevail in case of conflict on the internal laws.
Article 12 The Republic protects the family institution, founded on moral and legal equality of spouses. Every parent has the right to receive health and safety from the community. The law will give children born out of wedlock every legal, social and spiritual protection, ensuring them the same treatment as legitimate children.
SERBIA (2006) From the website of the Commission of Venice Full text
Article 64 - Rights of the child … Rights of the child and their protection shall be regulated by the law.
Article 66 - Special protection of the family, mother, single parent and child Families, mothers, single parents and any child in the Republic of Serbia shall enjoy special protection in the Republic of Serbia in accordance with the law. Mothers shall be given special support and protection before and after childbirth. Special protection shall be provided for children without parental care and mentally or physically handicapped children. …
Article 68 - Health care Everyone shall have the right to protection of their mental and physical health. Health care for children, pregnant women, mothers on maternity leave, single parents with children under seven years of age and elderly persons shall be provided
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 30 from public revenues unless it is provided in some other manner in accordance with the law. Health insurance, health care and establishing of health care funds shall be regulated by the law. The Republic of Serbia shall assist development of health and physical culture.
Article 69 - Social protection Citizens and families that require welfare for the purpose of overcoming social and existential difficulties and creating conditions to provide subsistence, shall have the right to social protection the provision of which is based on social justice, humanity and respect of human dignity. Rights of the employees and their families to social protection and insurance shall be regulated by the law. The employees shall have the right to salary compensation in case of temporary inability to work, as well as the right to temporary unemployment benefit in accordance with the law. Disabled people, war veterans and victims of war shall be provided special protection in accordance with the law. Social insurance funds shall be established in accordance with the law.
Article 70 - Pension insurance Pension insurance shall be regulated by the law. The Republic of Serbia shall see to economic security of the pensioners.
SLOVAKIA (1992) From the website of the Constitutional Court of Slovakia Full text
Article 38 (1) Women, minors, and disabled persons shall enjoy more extensive health protection and special working conditions. (2) Minors and disabled persons shall enjoy special protection in employment relations and special assistance in training. (3) Further details of the rights defined in sections (1 ) and (2) of this Article shall be specified by law.
Article 39 (1) Citizens shall be entitled to adequate material security in their old age, as well as in cases of disability, and death of the family's principal provider. (2) Any person suffering material hardship, shall have the right to such assistance as may be necessary to secure his or her fundamental standard of life. (3) Further details of rights defined in sections (1) and (2) of this Article shall be provided by law.
Article 40 Every person shall have the right to protect his or her health. Through medical
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 31 insurance, the citizens shall have the right to free health care and medical equipment for disabilities under the terms to be provided by law.
Article 41 (1) Matrimony, parentage, and family shall be protected by law. Special protection shall be enjoyed by children and young persons. (2) Pregnant women shall be entitled to special treatment, terms of employment, and working conditions. (3) Equal rights shall be guaranteed to both children born of legitimate matrimony and those born out of lawful wedlock. (4) Child care and upbringing shall be the right of parents; children shall have the right to parental care and upbringing. The rights of parents may be limited and minor children may be separated from parents against the parents' will only by a court order as provided by law. (5) Parents taking care of their children shall have the right to assistance provided by the State. (6) Further details of the rights defined in sections (1) to (5) of this Article shall be set by law.
SLOVENIA (1991 – as amended in 2003) From the website of the Republic of Slovenia. Full text
Article 50* - Right to Social Security Citizens have the right to social security, including the right to a pension, under conditions provided by law. The state shall regulate compulsory health, pension, disability and other social insurance, and shall ensure its proper functioning. Special protection in accordance with the law shall be guaranteed to war veterans and victims of war. * As amended by the Constitutional Act Amending Article 50 of the Constitution of the Republic of Slovenia, 15 June 2004 (Official Gazette of the Republic of Slovenia, No. 69/04).
*The original text of Article 50 reads as follows: Citizens have the right to social security under conditions provided by law. The state shall regulate compulsory health, pension, disability and other social insurance, and shall ensure its proper functioning. Special protection in accordance with the law shall be guaranteed to war veterans and victims of war.
Article 51 - Right to Health Care Everyone has the right to health care under conditions provided by law. The rights to health care from public funds shall be provided by law. No one may be compelled to undergo medical treatment except in cases provided by law.
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Article 52 - Rights of Disabled Persons Disabled persons shall be guaranteed protection and work-training in accordance with the law. Physically or mentally handicapped children and other severely disabled persons have the right to education and training for an active life in society. The education and training referred to in the preceding paragraph shall be financed from public funds.
Article 53 - Marriage and the Family … The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection.
Article 56 - Rights of Children Children shall enjoy special protection and care. Children shall enjoy human rights and fundamental freedoms consistent with their age and maturity.
SPAIN (1978 – as amended in 1992) From the website of the Senate of Spain. Full text
Section 39 (1) The public authorities ensure social, economic and legal protection of the family. (2) The public authorities likewise ensure full protection of children, who are equal before the law, regardless of their parentage, and of mothers, whatever their marital status. The law shall provide for the possibility of the investigation of paternity. (3) Parents must provide their children, whether born within or outside wedlock, with assistance of every kind while they are still under age and in other circumstances in which the law so establishes. (4) Children shall enjoy the protection provided for in the international agreements safeguarding their rights.
Section 41 The public authorities shall maintain a public Social Security system for all citizens guaranteeing adequate social assistance and benefits in situations of hardship, especially in case of unemployment. Supplementary assistance and benefits shall be optional.
Section 43 (1) The right to health protection is recognized. …
Section 49 The public authorities shall carry out a policy of preventive care, treatment, rehabilitation and integration of the physically, sensorially and mentally handicapped
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 33 by giving them the specialized care they require, and affording them special protection for the enjoyment of the rights granted by this Part to all citizens.
Section 50 The public authorities shall guarantee, through adequate and periodically updated pensions, a sufficient income for citizens in old age. Likewise, and without prejudice to the obligations of the families, they shall promote their welfare through a system of social services that provides for their specific problems of health, housing, culture and leisure.
SWEDEN (1975, as amended in 1980) From the website of the Parliament of Sweden. Full text
Article 2(2) The personal, economic and cultural welfare of the private person shall be fundamental aims of public activity. In particular, it shall be incumbent upon the public institutions to secure the right to health, employment, housing and education, and to promote social care and social security.
SWITZERLAND (1999) From the website of the Government of Switzerland. Full text
Article 12 - Right to assistance when in need Persons in need and unable to provide for themselves have the right to assistance and care, and to the financial means required for a decent standard of living.
Chapter 3 - Social Objectives Article 41 1 The Confederation and the Cantons shall, as a complement to personal responsibility and private initiative, endeavour to ensure that: a. everyone has access to social security; b. everyone has access to the health care that they require; c. families are protected and encouraged as communities of adults and children; d. everyone who is fit to work can earn their living by working under fair conditions; e. anyone seeking accommodation for themselves and their family can find suitable accommodation on reasonable terms; f. children and young people as well as persons of employable age can obtain an education and undergo basic and advanced training in accordance with their abilities;
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 34 g. children and young people are encouraged to develop into independent and socially responsible people and are supported in their social, cultural and political integration. 2 The Confederation and Cantons shall endeavour to ensure that everyone is protected against the economic consequences of old-age, invalidity, illness, accident, unemployment, maternity, being orphaned and being widowed. 3 They shall endeavour to achieve these social objectives within the scope of their constitutional powers and the resources available to them. 4 No direct right to state benefits may be established on the basis of these social objectives.
Section 8: Housing, Employment, Social Security and Health Art. 111 - Old-age, survivors’ and invalidity pension provision (1) The Confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. These shall be based on three pillars, namely the Federal Old-age, Survivors’ and Invalidity Insurance, the occupational pension scheme and private pension schemes. (2) The Confederation shall ensure that the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme are able to fulfil their purpose at all times. (3) It may require the Cantons to exempt institutions of the Federal Old-age, Survivors’ and Invalidity Insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights.
Article 112 - Old age, Survivors' and Disability Insurance (1) The Federation adopts rules on the old age, survivors, and disability insurance. (2) The Federation respects thereby the following principles: a. The insurance is mandatory; b. The pensions have to cover basic living expenses appropriately; c. The maximal pension amounts at most the double of the minimum pension. The pensions will at least be adapted to the development of prices. (3) The insurance is financed: a. by contributions of the insured persons, whereby the employers will pay half of the contributions for their employees b. by subsidies of the Federation and, if the law so provides, of the Cantons. 4) The subsidies of the Federation and the Cantons amount together at most half of the expenditures. (5) The subsidies of the Federation will be primarily financed by the net proceeds of the tax on tobacco, the tax on distilled spirits, and the tax on the revenue from the operation of casinos. (6) The Federation encourage the integration of disabled persons, and supports efforts for the benefit or aged, survivors and disabled persons. For this purpose it may use means from the old age, survivors, and disability insurance.
Article 113 - Employee Pension Plans (1) The Federation adopts rules on employee pension plans.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 35 (2) The Federation respects thereby the following principles: a. Employee pension plans combined with old age, survivors, and disability insurance enable in an appropriate way the continuation of the previous lifestyle; b. Employee pension plans are mandatory for employees; the law may provide for exceptions; c. The employers insure their employees with a pension institution; as far as necessary, the federation gives them the possibility to insure their employees with a federal pension institution; d. Self-employed persons may voluntarily insure themselves with a pension institution; e. For particular groups of self-employed persons, the Federation may declare employee pension plans mandatory, in general or only for particular risks. (3) Employee pension plans is financed through contributions by the insured persons, whereby the employers pay at least half of the contributions of their employees. (4) Employee pension institutions have to satisfy federal minimum requirements; the Federation may provide for nationwide measures to resolve particular tasks.
Article 114 - Unemployment Insurance (1) The Federation adopts rules on unemployment insurance. (2) The Federation respects thereby the following principles: a. The insurance grants an appropriate compensation for loss of earnings, and supports measures to prevent and fight unemployment; b. The affiliation is mandatory for employees, the law may provide for exceptions; c. Self-employed persons may voluntarily insure themselves. (3) The unemployment insurance is financed by the contributions of the insured persons, whereby the employers pay half of the contributions for their employees. (4) The Federation and the Cantons provide for subsidies in extraordinary circumstances. (5) The Federation may adopt rules on unemployment relief.
Article 115 - Assistance to Needy Persons Needy persons are supported by their domiciled Canton (Wohnkanton). The Federation regulates the exceptions and the competencies. (4) The Federation promotes in cooperation with the Cantons individual precaution namely by measures of taxation and ownership policies.
Article 116 - Family Allocations and Maternity Insurance (1) In the fulfillment of its tasks the Federation considers the needs of the family. It may support measures to protect the family. (2) The Federation may adopt rules on family allowance and operates a federal family compensation fund. (3) The Federation institutes a maternity insurance. It may also obligate persons to contributions that cannot benefit from the insurance. (4) The Federation may declare the affiliation to a family compensation fund and to the maternity insurance generally or for certain categories of persons as mandatory, and may make its subsidies dependent upon appropriate contributions by the Cantons.
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Article 117 - Health and Accident Insurance (1) The Federation adopts rules on health and accident insurance. (2) The Federation may declare health and accident insurance generally or for certain categories of persons as mandatory.
TURKEY (1992 - as amended in 2001) From the official website of Turkey Full text
Article 5 The fundamental aims and duties of the state are; to safeguard the independence and integrity of the Turkish Nation, the indivisibility of the country, the Republic and democracy; to ensure the welfare, peace, and happiness of the individual and society; to strive for the removal of political, social and economic obstacles which restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of justice and of the social state governed by the rule of law; and to provide the conditions required for the development of the individual’s material and spiritual existence.
Article 41 (As amended on October 17, 2001) The family is the foundation of the Turkish society and based on the equality between the spouses. The state shall take the necessary measures and establish the necessary organisation to ensure the peace and welfare of the family, especially where the protection of the mother and children is involved, and recognizing the need for education in the practical application of family planning.
Article 49 (As amended on October 17, 2001) Everyone has the right and duty to work. The State shall take the necessary measures to raise the standard of living of workers, and to protect workers and the unemployed in order to improve the general conditions of labour, to promote labour, to create suitable economic conditions for prevention of unemployment and to secure labour peace.
Article 56 Everyone has the right to live in a healthy, balanced environment. It is the duty of the state and citizens to improve the natural environment, and to prevent environmental pollution. To ensure that everyone leads their lives in conditions of physical and mental health and to secure cooperation in terms of human and material resources through economy and increased productivity, the state shall regulate central planning and functioning of the health services. The state shall fulfil this task by utilizing and supervising the health and social assistance institutions, in both the public and private sectors.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 37 In order to establish widespread health services general health insurance may be introduced by law.
Article 60 Everyone has the right to social security. The state shall take the necessary measures and establish the organisation for the provision of social security.
Article 61 The state shall protect the widows and orphans of those killed in war and in the line of duty, together with the disabled and war veterans, and ensure that they enjoy a decent standard of living. The state shall take measures to protect the disabled and secure their integration into community life. The aged shall be protected by the state. State assistance to the aged, and other rights and benefits shall be regulated by law. The state shall take all kinds of measures for social resettlement of children in need of protection. To achieve these aims the state shall establish the necessary organisations or facilities, or arrange for their establishment by other bodies.
UKRAINE (1996) From the website of the President of Ukraine: Full text
Article 17 … The State shall ensure social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and in other military formations as well as members of their families. …
Article 24. Citizens shall have equal constitutional rights and freedoms and shall be equal before the law. There shall be no privileges or restrictions based on race, skin colour, political, religious, and other beliefs, gender, ethnic and social origin, property status, place of residence, linguistic or other characteristics. Equality of the rights of women and men shall be ensured by providing women with opportunities equal to those of men in public, political and cultural activities, in obtaining education and in professional training, in work and remuneration for it; by taking special measures for the protection of work and health of women; by establishing pension privileges; by creating conditions that make it possible for women to combine work and motherhood; by adopting legal protection, material and moral support of motherhood and childhood, including the provision of paid leave and other privileges to pregnant women and mothers.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 38
Article 46 Citizens shall have the right to social protection including the right to financial security in cases of complete, partial, or temporary disability, loss of the principal wage-earner, unemployment due to circumstances beyond their control, old age, and in other cases determined by law. This right shall be guaranteed by the mandatory state social insurance based on insurance payments made by citizens, enterprises, institutions, and organisations, as well as by budgetary and other sources of social security; and by establishing a network of state, communal, and private institutions caring for incapacitated persons. Pensions and other types of social payments and assistance that are the principal sources of subsistence shall ensure a standard of living not lower than the minimum living standard established by law.
Article 49 Everyone shall have the right to health protection, medical care and medical insurance. …
Article 51 … The family, childhood, motherhood, and fatherhood shall be under the protection of the State.
Article 52 Children shall be equal in their rights regardless of their origin and whether they are born in or out of wedlock. Any violence against a child or his exploitation shall be prosecuted by law. The subsistence and upbringing of orphans and children deprived of parental care shall be entrusted to the State. The State shall encourage and support charitable activity in regard to children.
COMPENDIUM OF PROVISIONS OF EUROPEAN CONSTITUTIONS 39 II. COMPARATIVE TABLES
The tables below have been finalized in October 2012 and make a synthesis of constitutional guarantees related to social security that are enshrined in the constitutions of 46 European countries. Like the compendium of provisions contained in the previous section, the tables constituted an essential tool for the comparative analysis developed in the main paper. Unlike the compendium, these tables do not contain exact quotations of the constitutional provisions. In addition to provisions directly concerning social security, this document also considers provisions attributing competence for constitutional review and defining the status of international law in relation to domestic law.
The texts analysed are the constitutions of Albania (1998), Andorra (1993), Armenia (1995), Austria (1929), Azerbaijan (1995), Belarus (1996), Belgium (1831), Bosnia Herzegovina (1995), Bulgaria (1991), Croatia (1990), Cyprus (1960), Czech Republic (1992), Denmark (1953), Estonia (1992), Finland (2000), France (1958),Georgia (1995), Germany (1949), Greece (1975), Hungary (1949), Iceland (1944), Ireland (1937), Italy (1946), Kosovo (2008), Latvia (1922), Liechtenstein (1921), Lithuania (1992), Luxembourg (1868), Macedonia, FYR (1991), Malta (1964), Republic of Moldova (1994), Monaco (1962), Montenegro (2007), Netherlands (1815), Norway (1814), Poland (1997), Portugal (1974), Romania (1991), Russian Federation (1993), San Marino: Declaration on the rights of the citizens and on fundamental principles of the legal system of San Marino (1974), Serbia (2006), Slovakia (1992), Slovenia (1991), Spain (1978), Sweden (1975), Switzerland (1999), Turkey (1992), Ukraine (1996).
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
COMPARATIVE TABLES 40
GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Art. 49 Employees Social protection of work Constitutional right
Building a social State is among the constitutional Constitutional right objectives Everyone, in old age or when (Preamble). Art. 52 Social security Regulation by law: The right he is unable to work to social security shall be An international enjoyed according to the agreement that system set by law Albania has been ratified Constitutional right Everyone, who remains (1998) constitutes part without work for reasons of the national Regulation by law: the right Art. 52 independent of their volition, Social assistance Full text legal system and to social assistance shall be and has no other means of prevails over the enjoyed under the support laws of the conditions provided by law country that are not compatible Art. 53 The family Protection State duty with it (Art. 122). Constitutional right Constitutional Children, the young, review by the Art. 54 pregnant women and new Special protection State duty: Right to receive Constitutional mothers protection from the State Court (Art. 124). Medical care; health Art. 55 Citizens insurance Constitutional right
COMPARATIVE TABLES 41 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
State duty
Regulation by law: health insurance shall be regulated by the law.
Policy objective Fulfilment of social objectives may not be claimed directly in Court.
Aged persons, orphans and Art. 59 Care and help Regulation by law:The law persons with disabilities defines the conditions and extent to which the realization of these objectives can be claimed
Art. 30 Everyone Health protection Constitutional right
Andorra Services to look after Constitutional right (1993) Social State personal needs principle
Full text principle(Art. 1) Art. 30 Everyone Guarantee of a social
security system State duty
COMPARATIVE TABLES 42 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Family, motherhood, and Social justice is a Art. 32 Care and protection State duty childhood basic principle of the Republic (Art. 1) Citizens in old age, in case of
sickness, disability, loss of Constitutional right International Art. 33 work capacity, loss of the Social security
treaties take bread winner and precedence over unemployment. national legislation but not over the Armenia Constitution (Art. (1995) 6)
Full text Regulation by law: The The Government Medical care provision of medical care is responsible for and services shall be the prescribed by law. implementation Art. 34 Everyone
of policies in Health care protection matter of health programs State duty and social
security (Art. 89)
Constitutional review by the Constitutional Court (Art. 100)
COMPARATIVE TABLES 43 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Customary international law is part of Federal law (Art. 9)
The Federation has powers of legislation and execution in matter of social insurance (Art. 10 Austria and 102) (1929)
In the following Full text matters
legislation as regards principles is the business of the Federation, the issue of implementing laws and execution the business of the Läender: social welfare, maternity, infant
COMPARATIVE TABLES 44 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION and adolescent welfare, protection of workers and employees in so far as it is a matter of workers and employees engaged in agriculture and forestry (Art. 12)
Constitutional review by the Constitutional Court (Art. 140) The MilliMejlis is competent to Art. 17 Family Protection State duty determine the Azerbaijan general rules on (1978) social security Constitutional right (Art. 92). Art. 35 Unemployment Social benefits Full text State duty Constitutional review by the Every person inold age, in Constitutional Art. 38 case of sickness, disability, Social security Constitutional right Court (Art. 130) loss of capacity to work, loss
COMPARATIVE TABLES 45 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION of the breadwinner, Regulation by International unemployment and in other law:Competence of the law treaties take cases specified by Law. to determine additional precedence over cases in which social national law (Art. security shall be 151) guaranteed.
State duty Health services; medical Art. 41 Every person insurance. Constitutional right
Social State Family, motherhood, Art. 32 Protection State duty: shall be under principle (Art. 1) fatherhood, and childhood the protection of the State
Generally Everyone in case of recognized Art. 41 Unemployment benefit Constitutional right unemployment Belarus principles of (1996) international law Social security. take precedence
Full text over national Citizens in old age, illness, laws (Art. 8) Particular concern shall be Constitutional right disability, loss of fitness for displayed for veterans of Art. 47 work, loss of a bread-winner Social security war and labour, as well as and in other instances shall be regulated for those who lost their specified in law. in its basics by health in the defence of
the House of national and public State duty Representatives interests.
COMPARATIVE TABLES 46 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION (Art. 97) and shall be administered by the Government (art. 107)
Constitutional review by the Constitutional Court (Art. 116)
Constitutional right
Belgium Regulation by law: "the (1994) Social security, health laws, federate laws and Art. 23 Everyone care, social and medical rules referred to in Full text aid Article 134 guarantee
economic, social and cultural rights"
Bosnia The rights and Herzegovina freedoms set (1995) forth in the
European Full text Convention of
Human Rights
COMPARATIVE TABLES 47 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina and shall have priority over all other law [Art. II(2)]
Constitutional review by the Constitutional Court [ (Art. II(6)]
Ratified The family, motherhood and international Art. 14 children, especially Protection State duty instruments abandoned children constitute part of Bulgaria national law and (1991) take precedence Protection, prenatal and over it (Art. 5) Full text postnatal maternity leave,
free obstetric care, Constitutional Art. 47 Mothers State duty alleviated working review by the conditions and other Constitutional social assistance. Court (Art. 149)
COMPARATIVE TABLES 48 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Social insurance and Constitutional right Art. 51 Citizens welfare aid
The aged without relatives and unable to take care of themselves, as well as the Art. 51 Special protection State duty disabled and the people in socially disadvantaged position
Constitutional right Art. 51 Temporarily unemployed Social insurance Regulation by law
Health insurance guaranteeing affordable medical care, and free medical care in Constitutional right Art. 52 Citizens accordance with conditions and procedures State duty established by law. Medical care shall be funded by the state budget, by employers,
COMPARATIVE TABLES 49 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION through private and collective health-insurance schemes, and from other sources in compliance with the law.
Social State Constitutional right
principle (Art. 1) Regulation by law: the right Employees and members of Social security and social Art. 56 shall be regulated by law their family insurance Social justice is and collective agreements among the
highest values of
the constitutional Art. 57 Child birth, maternity Regulation by law
order (Art. 3) Croatia The weak, helpless and other (1990) Constitutional right Constitutional persons unable to meet their
review by the Art. 58 basic needs owing to Assistance Full text State duty: the right shall be Constitutional unemployment or incapacity ensured by the State Court (Art. 129) to work.
International The disabled, Croatian war Art. 58 Special care State duty agreements take veterans and disabled
precedence over Croatian war veterans national law but not over the Constitutional right Art. 58 Everyone Medical care Constitution (Art. 141) Regulation by law: the right
COMPARATIVE TABLES 50 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION shall be regulated by law
Art. 62 Family Special protection State duty
Maternity, children, the Art. 63 Protection State duty youth
Cyprus Social security Constitutional right (1960)
Part II, Art 9 Everyone Protection of the workers,
Full text assistance to the poor and Regulation by law a system of social insurance
Citizens who are unable State duty Czech International without their fault to acquire Republic ratified treaties the means of his or her Regulation by law: State Art. 26 (1992) constitute part of livelihood by work Material security obligation to abide by Full text national law and Different rules may be set by according to the conditions take precedence law for foreign citizens. set by law over it (Art. 10) (Charter for Women, adolescents, and fundamnetal Art. 29 Increased protection of Constitutional right handicapped persons. rights and their health at work
COMPARATIVE TABLES 51 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION basic Regulation by law: detailed freedoms: provisions in this respect Full text) shall be set by law.
Citizens in old age and during incapacitation for work, as Art. 30 Material security Constitutional right well as in the case of loss of their provider
Constitutional right Such assistance as is
Everybody who suffers essential for securing his Art. 30 Regulation by law: detailed material need or her basic living provisions shall be set by conditions. law.
Art. 31 Everybody Constitutional right Protection of health
Constitutional right Free medical care under
public insurance and Regulation by law Art. 31 Citizens medical aids under
conditions
COMPARATIVE TABLES 52 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Regulation by law The family, parents who are
Art. 32 raising their children, Protection, assistance State duty: State obligation children and adolescents. to protect parents
Women during Art. 32 Special care Pregnancy
Constitutional right
Denmark Any person unable to State duty (1953) support himself or his Art. 75 dependants where no other Public assistance Regulation by law: provided Full text person is responsible for his that the beneficiary or their maintenance complies with the obligations imposed by statute in such respect
Art. 27 Family Protection State duty Estonia Constitutional (1992) review by the Art. 28 Everyone Health protection State duty Supreme Court Full text (Art. 149) Citizens in old age and in case Art. 28 of inability to work, loss of a State assistance Constitutional right provider, or need.
COMPARATIVE TABLES 53 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION Citizens of foreign states and State duty stateless persons who are in Estonia have this right Regulation by law: The equally with Estonian categories and extent of citizens, unless otherwise assistance, and the provided by law. conditions and procedure for the receipt of assistance shall be provided by law.
Health and medical State duty: The public Art. 19 Everyone services authorities shall guarantee
The Parliament elects the Incapacity to obtain the Subsistence and care trustees for Art. 19 means necessary for a life of Constitutional right
Finland monitoring the dignity (1999) Social Insurance Institution (Art. Full text 36) Everyone, in the event of unemployment, illness, Constitutional Art. 19 disability, during old age, at Basic subsistence Constitutional right review by the the birth of a child or at the Constitutional loss of a provider Law Committee (Art. 74) Art. 19 Children, families and others Support Policy objective: The public responsible for children authorities shall support
COMPARATIVE TABLES 54 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Social State Protection of their health, Preamble of All, notably children, mothers principle (Art. 1) material security, rest and the 1946 and elderly workers leisure Constitution The basic
principles of social security shall be laid down by the law (Art. 34)
France Treaties or (1958) agreements duly ratified or Full text approved shall, Preamble of Everyone who is incapable to upon publication, the 1946 work for reasons of age, Receive suitable means of take precedence Constitutional right Constitution physical or mental condition existence over Acts of or economic situation Parliament, subject, with respect to each agreement or treaty, to its application by the other party. (Art. 55).
COMPARATIVE TABLES 55 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Social State Provision of minimum Art. 32 The unemployed Regulation by law principle(Preambl standard of living e)
International treaties or agreements Art. 36 The family State duty prevail over national legislation but not over the Georgia Constitution (Art. (1995) 6). Art. 36 The mother and the child Protection of their rights Regulation by law
Full text The law making
power is competent to regulate the status of the Health insurance as a unemployed (Art. means of accessible Constitutional right 32). medical aid Art. 37 Everyone
The Public Control of the institutions State duty Defender is of health protection competent to defend human rights (Art. 43).
COMPARATIVE TABLES 56 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Constitutional review (Art. 43)
Social State Art. 6 Family Special protection State duty principle (Art. 20) Watching over the parents Customary in the performance of Art. 6 Children State duty international law their duty to protect their prevails over children national law (Art. 25) Germany (1949) Public welfare, social security Full text and
unemployment Constitutional right insurance are Art. 6 Mothers Protection and care
under the
concurrent legislative power of the Lander and of the Federal State (Art. 74)
COMPARATIVE TABLES 57 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION There shall be social insurance institutions (Art. 87)
Constitutional review by the Federal Constitutional Court (Art. 93)
The Federal Social Court shall have social jurisdiction (Art. 95)
International Art. 5 Everyone Health protection Constitutional right customary law and ratified Greece international Art. 21 The family Protection State duty (1975) treaties law shall be an integral Full text part of domestic Art. 21 Motherhood and childhood Protection State duty Greek law and shall take precedence over Families with many children, Art. 21 Special care State duty any contrary disabled, war and peace-time provision of the veterans, war victims,
COMPARATIVE TABLES 58 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION law widows and orphans, as well (Art. 28) as persons suffering from incurable bodily or mental ailments
Art. 21 People with disabilities Measures ensuring Constitutional right theirselfsufficiency
State duty: the State shall Art. 22 Working people Social security care for…
Art. XVI Children, youth and family Protection and care Constitutional right
- Every Hungarian citizen Hungary (2012) Social security, through a Constitutional right - Old age, maternity, illness, social security system and Full text Art. XIX disability, widowhood, the system of social State Duty orphanage and institutions unemployment without no
fault of their own
Constitutional right Everyone living in the Institutions of Art. XX territory of Hungary labour safety and State duty healthcare, opportunities
COMPARATIVE TABLES 59 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION for regular physical activity and protection of the environment
Everyone, in case of Sickness, invalidity, infirmity Iceland Regulation by law: the law Art. 76 by reason of old age, Assistance (1944) shall guarantee unemployment and similar
circumstances Full text
Regulation by law: the law Art. 76 Children Assistance shall guarantee
Ireland (1937) The family Art. 41 Protection State duty
Full text
Italy Constitutional right (1947) The legal system Art. 32 Every individual Right to health. State duty of Italy conforms Full text to the generally The indigent Free health care State duty recognized Art. 32
COMPARATIVE TABLES 60 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION principles of international law (Art. 10) Every citizen unable to work Art. 38 and lacking the resources Social assistance Constitutional right The state has necessary for their existence exclusive legislative power in matter of social
security (Art. 117) Workers, in case of
accident, illness, disability, Constitutional Adequate insurance Constitutional right Art. 38 old age, and involuntary review by the unemployment Constitutional
Court (Art. 134)
Constitutional review by the Art. 50 Children Protection and care Constitutional right Constitutional Court (Art. 4) Medical care and social Kosovo Art. 51 Regulation by law insurance (2008) Social justice is among the main Full text values of the constitutional Unemployment, disease, order (Art. 7) Art. 51 Basic social insurance Regulation by law disability and old age
Ratified international
COMPARATIVE TABLES 61 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION agreements, legally binding norms of international law and human rights guaranteed in a number of human rights treaties and in the Universal Declaration of Human Rights have superiority over national law (Art. 19, 22)
Everyone in old age, for work disability, for unemployment Art. 109 and in other cases as Social security Constitutional right Latvia provided by law. Constitutional (1992) review by the
Constitutional Full text The family and children, Court (Art. 85) especially disabled children Art. 110 Support State duty and children left without parental care
COMPARATIVE TABLES 62 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION Art. 111 Everyone Basic level of medical State duty assistance
Managing the public
health system; assisting Art. 18 State duty institutions for the care of the sick Liechtenstein Promoting health, old age, (1921) disability and work injuries State duty Art. 20, 26 insurance Full text
The poor, especially Regulation by law: Public
orphans, the mentally poor relief shall be Public poor relief and care Art. 25 handicapped, persons administered by the
suffering from incurable communes in conformity diseases and the aged with specific laws
Family, motherhood, Art. 38 Protection and care State duty fatherhood and childhood. Lithuania Constitutional (1992) review by the State duty Constitutional Full text Art. 38 and Family, motherhood, Court (Art. 102) Protection and care 39 fatherhood and childhood. Regulation by law: children shall also be protected by law Art. 39 Working mothers Paid leave before and
COMPARATIVE TABLES 63 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION after childbirth Regulation by law: The law shall provide protection to mothers
Each human being Art. 48 Social security Constitutional right unemployed
Citizens in old age and in case Constitutional right Art. 52 Pensions of disability State duty
Citizens, in case of unemployment, sickness, Constitutional right Art. 52 widowhood, loss of the Social assistance State duty breadwinner, and in other cases provided for by laws.
Luxembourg (1868) The law shall Regulation by law: the law Social security and health organize social Art. 11 organizes protection Full text security and health protection
COMPARATIVE TABLES 64 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION (Art. 11) and regulates the jurisdictions pertaining to social security matters (Art. 94) Medical and social Art. 23 Regulation by law assistance Constitutional review by the Superior Court of Justice (Art. 95)
Social State Constitutional right principle (Art. 1) Social security, social protection, social State duty: the Republic Social justice is Citizens, especially invalid insurance, assistance, provides for… Art. 34, 35 among the main persons. provided in accordance Macedonia, values of the with the principle of social Regulation by law: Right F.Y.R constitutional justice. determined by law and (1991) order (Art. 8). collective agreement
Full text Constitutional Constitutional right review by the Veterans of national
Constitutional liberation wars, war invalids, Particular social security Art. 36 State duty Court (Art. 110). those expelled and rights
imprisoned for the ideas of Regulation by law In units of local the separate identity of the
COMPARATIVE TABLES 65 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION self-government, Macedonian people and of citizens Macedonian statehood, as participate in well as member of their decision-making families without means of on issues of local material and social relevance, subsistence. including social security, child care and health Art. 39 Every citizen Medical care Constitutional right care. (Amendment 17). State duty Art. 40 The family Care and protection Regulation by law
State duty Art. 42 Mothers, children and minors Particular protection
Art. 17 Citizens incapable to work Maintenance and social Malta and unprovided with the assistance Constitutional Policy objective (1964) resources necessary for review by the subsistence Constitutional Full text Court (Art. 95)
Reasonable insurance on a Art. 17 Workers, in case of Policy objective contributory basis accident, illness, disability,
COMPARATIVE TABLES 66 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION old-age and involuntary unemployment.
Human rights treaties take Constitutional right precedence over national laws State duty Health security. A (Art. 4) but not minimum of free health over the Art. 36 Regulation by law: organic insurance shall be Constitution (Art. laws will establish the provided. 8) structure of the national health security system and Republic of Social protection the means necessary for Moldova is regulated by protecting health. (1994) organic laws (Art. 72). State duty: the State is Art. 47 Every person Good health and welfare Full text obliged to take action Constitutional revision by the Citizens in case of Constitutional unemployment, disease, Court (Art. 135) disability, widowhood, old Art. 47 age or other situations where Insurance State duty The social one loses the source or security budget is means of obtaining the approved by the necessities of life. Parliament separately from Art. 48, 49 Family Protection State duty the national
COMPARATIVE TABLES 67 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION budget (Art. 131) Constitutional right
State duty Mothers, children (especially Special protection, care, Art. 49, 50 orphaned and disabled allowances Regulation by law: the law children), young people shall provide for other forms of social assistance for children and the young.
Art. 51 Disabled persons Special protection Duty of the society
Constitutional right Monaco Citizens, in case of (1962) indigence, unemployment, Regulation by law: right to Art. 26 Assistance sickness, disability, maternity be enjoyed under the Full text and old age conditions and manner
prescribed by law. Social State Mandatory social principle (Art. 1) Art. 67 The employed State duty insurance Montenegro (2007) International customary and Persons that are unable to Full text treaty law shall Art. 67 work and have no funds for Material security State duty be part of the life national legal order and shall Disabled Special protection
COMPARATIVE TABLES 68 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION take precedence Art. 68 over national legislation (Art. 9) Art. 69 Everyone Health protection Constitutional right Social position of the employed shall be adjusted Health protection from Children, pregnant women, Constitutional right in the Social public revenues if they do Art. 69 elderly persons and persons council, which not exercise this right on with disabilities Source of financing consists of the some other grounds representatives of the trade Constitutional right: shall union, the Art. 72 Families Special protection enjoy… employers and the Government (Art. 65).
Constitutional right: shall Constitutional Art. 73 Mothers and children Special protection enjoy… review by the Constitutional Court (Art. 149) Rules concerning
entitlement to Constitutional right Netherlands Dutch nationals resident in social security (2002) Art. 20 the Netherlands who are shall be laid down Aid State duty: right to aid from unable to provide for by Act of the authorities. Full text themselves Parliament (Art.
20) Regulation by law
COMPARATIVE TABLES 69 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Norway
(1814) - - - - -
Full text
Art. 18 The family Protection State duty
Motherhood and parenthood Protection State duty Art. 18
Social justice is a Poland principle of State Veterans of the struggle for (1997) action (Art. 2) Art. 19 independence, particularly Special care State duty war invalids. Full text Constitutional review by the Constitutional Citizens incapacitated for Constitutional right Tribunal (Art.188) work by reason of sickness or
invalidism , having attained Regulation by law: …shall Art. 67 retirement age or Social security have the right to social involuntarily without work security, the scope of which and with no other means of shall be specified by statute support
COMPARATIVE TABLES 70 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Art. 68 Everyone Health protection Constitutional right
Regulation by law: the conditions for, and scope of, the provision of services shall be established by Health protection; equal statute. access to health care Art. 68 Citizens services, financed from State duty: equal access to public funds health care services, financed from public funds, shall be ensured by public authorities.
Children, pregnant women, State duty: Public Art. 68 handicapped people and Special health care authorities shall ensure persons of advanced age.
State duty: public Art. 69 Disabled persons Aid and subsistence authorities shall provide
The family, mothers before Art. 71 Special assistance Constitutional right: right to and after birth receive assistance from
COMPARATIVE TABLES 71 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION public authorities
Regulation by law: the extent of the right of mothers to special assistance shall be specified by statute.
All workers in casa of Constitutional right: are Art. 59 Material assistance involuntary unemployment entitled to… Women during pregnancy and after childbirth, minors, International law disabled persons, and those is an integral part engaged in activities of international Art. 59 Special protection Constitutional right Portugal requiring particular effort or law (1976) working in unhealthy, (Art. 8) poisonous, or dangerous
Full text conditions. Constitutional
review by the Constitutional right: Constitutional is entitled to… Court (Art. 225) Social security by a unified
Art. 63 Everyone and decentralized social State duty to organize, security system coordinate and subsidize the social security system
COMPARATIVE TABLES 72 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Citizens, in sickness, old age, disability, widowhood,
orphanhood, unemployment, Protection by the social Art. 63 and all other situations in security system which the means of
subsistence or capacity to work are lost or reduced
Health protection to be met by a universal and general national health service that, taking into account the economic and social conditions of the citizens, tending to be free Constitutional right Art. 64 Everyone of charge; creation of economic, social, and State duty cultural conditions securing the protection of children, the young, and the old.
Preventive as well as Art. 64 Citizens State duty curative and rehabilitation
COMPARATIVE TABLES 73 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION medical care
Constitutional right Art. 67 Family Protection State duty
Constitutional right Art. 68 Motherhood and fatherhood Protection State duty
Art. 69 Children Protection State duty
Special protection for the purpose of effective enjoyment of their Art. 70 Young people Receive special protection… economic, social, and cultural rights, including social security
Art. 72 Old people Economic security Constitutional right Romania (1991) Social State Art. 34 Health protection Constitutional right principle (Art. 1) Full text
COMPARATIVE TABLES 74 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION International treaties Measures to ensure public constitute part of hygiene and health. national law but Organizing a medical care shall not take and social security system precedence over in case of sickness, State duty the Constitution accidents, maternity and Medical care, sickness, (Art. 11). recovery, the control over Regulation by law: the accidents, maternity and Art. 34 the exercise of medical organization of the medical recovery Human rights professions and care and social security
treaties take paramedical activities, as system shall be established precedence over well as other measures to according to the law. national laws protect physical and unless the mental health. Constitution or national laws comprise more favourable
provisions. (Art. Measures of social Constitutional right Art. 41 Employees 20) protection
State duty Social protection Measures of social
shall be regulated protection, social Citizens in old age and in case Regulation by law: the right by organic laws assistance, pensions, paid Art. 47 of maternity, medical care, to social assistance and passed by the maternity leave, medical unemployment other forms of social Parliament (Art. care in public health security shall be 73) centres, unemployment determined by the law benefits, other forms
COMPARATIVE TABLES 75 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION The drafting and social securities, as approval of the stipulated by the law. social security budget are protected by Constitutional right: shall special enjoy Special protection and guarantees (Art. assistance; allowances for 111, 138, 139) Regulation by law: other Art. 49 Children and young people children and benefits for forms of social protection the care of ill or disabled Constitutional for children and young children. review by the people shall be established Constitutional by law. Court (Art. 142)
Constitutional right: shall
enjoy Art. 50 Disabled persons Special protection
State duty Social State principle Protection through a (Art. 7) Art. 7 system of social services Health of Russian people, and establish government motherhood, fatherhood and State duty The State and the pensions, benefits and childhood. Constitution shall other social security guarantee the guarantees. basic rights and liberties in
Russian conformity with Art. 7 Family, the disabled, elderly State duty
COMPARATIVE TABLES 76 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION Federation the commonly citizens (1993) recognized principles and Full text norms of the international law
(Art. 17). Constitutional right: The rights and Everyone in old age, in case everyone shall be liberties of man Art. 39 of disease, invalidity, loss of guaranteed and citizen have breadwinner, parenthood Right to social security direct effect (Art. and in the other cases Regulation by law: State 18). established by law. pensions and social benefits
established by law Constitutional
review (Art. 125)
The Republic of Art. 9 All citizens Social security Constitutional right San Marino acknowledges, as San Marino an integral part of (1974) Art. 12 Family Protection State duty its order,
generally Full text recognized norms
of international Regulation by law: the law law and conforms Art. 12 Children born out of wedlock Protection will protect children its acts and conduct to those
COMPARATIVE TABLES 77 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION norms (Art. 1).
International agreements on the protection of human rights and freedoms, regularly signed Art. 12 Parents Health and safety Constitutional right and made enforceable, prevail in case of conflict on the internal laws (Art. 9)
Protection, rights of the Art. 64 Children Regulation by law Social justice is a child basic principle of the State (Art. 1) Families, mothers (especially Serbia before and after childbirth), Constitutional right: shall (2006) International law single parents and children enjoy Art. 66 Special protection is part of national (especially those without Full text law; ratified parental care or Regulation by law international handicapped) treaties must be in accordance Protection of health, Art. 68 Everyone with the health insurance and Constitutional right
COMPARATIVE TABLES 78 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION Constitution (Art. health care funds. 16) Regulation by law: health care, health insurance and Constitutional establishing health care review by the funds shall be regulated by Constitutional law (Art. 68). Court (Art. 166)
The Republic of Serbia shall organise and Medical care provided provide for health Children, pregnant women, from public revenues care, social mothers on maternity leave, Art. 68 unless it is provided in Source of financing insurance and single parents with children some other manner in other forms of under seven years of age and accordance with the law. social security, elderly persons. protection of children (Art. 97). Social protection the Customary Citizens and families that provision of which is international law require welfare for the based on social justice, Constitutional right and ratified purpose of overcoming social humanity and respect of Art. 69 international and existential difficulties human dignity; social Regulation by law treaties are part and creating conditions to insurance. of national law provide subsistence Social insurance funds and take shall be established. precedence over Disabled people and war Regulation by law: shall be Special protection it but not over Art. 69 veterans. provided social protection
COMPARATIVE TABLES 79 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION the Constitution in accordance with the law (Art. 194). Regulation by law: rights of Employees and their families Social protection and the employees and their
social insurance families to social protection
and insurance shall be
regulated by the law Art. 69 Employees in case of Salary compensation temporary inability to work Constitutional right
Employees in case of Unemployment benefit Constitutional right unemployment
Regulation by law Pension insurance Art. 70 Pensioners State duty: the Republic Economic security shall see to economic security of pensioners
Women, minors, and Constitutional right: shall Art. 38 Extensive health care disabled persons. enjoy
Slovakia
(1992) Constitutional Constitutional right: are review by the Citizens during old age, in entitled to Full text Constitutional case of disability or in case of Art. 39 Material security Court (Art. 125) death of the family's principal Regulation by law: further provider. details shall be provided by law.
COMPARATIVE TABLES 80 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
Constitutional right Such assistance as may be Any person suffering material necessary to secure his or Regulation by law: further Art. 39 hardship her fundamental standard details shall be provided by of life. law.
Through medical Constitutional right insurance, free health care and medical equipment Regulation by law: Art. 40 Every person for disabilities under the individual right to be terms to be provided by enjoyed under the terms law. provided by law.
Art. 41 The family, children and Special protection Regulation by law: further young persons details shall be set by law.
Constitutional right
Art. 41 Pregnant women Special treatment Regulation by law: Further details shall be set by law.
Art. 41 Parents taking care of their Assistance State duty
COMPARATIVE TABLES 81 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION children Constitutional right
Regulation by law: further details shall be set by law.
Social State Constitutional right principle (Art. 2) Social security; State duty: the State hall compulsory health, Laws must be in Art. 50 Citizens regulate social insurance pension, disability and conformity with and ensure is proper other social insurance generally functioning accepted principles of
international law State duty: special
and with valid protection in accordance Slovenia treaties ratified Art. 50 War veterans Special protection with the law shall be (1991) by the National guaranteed to war veterans
Assembly, and victims of war. Full text whereas
regulations and other general Constitutional right legal acts must
also be in Medical care from public Regulation by law: the right Everyone conformity with Art. 51 funds to medical care is
other ratified recognized under the treaties (Art. 153) conditions provided by law
COMPARATIVE TABLES 82 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION Constitutional review by the Art. 52 Disabled persons Protection Regulation by law Constitutional Court (Art. 160) The family, children and Art. 53 State duty young people Protection
Art. 53 Motherhood, fatherhood Protection State duty
Special protection and Constitutional right: shall Art. 56 Children care enjoy Social State principle (Art. 1) State duty: the public Art. 39 Families and children Protection authorities ensure The conclusion of an international treaty containing A social security system State duty: the public Citizens, in situations of stipulations guaranteeing adequate authorities shall maintain a Art. 41 hardship, especially on case Spain contrary to the social assistance and public Social Security of unemployment (1978) Constitution shall benefits system for all citizens require prior Full text constitutional amendment (Art. Constitutional right Medical care. Preventive 95). measures and the Art. 43 - State duty: duty of the necessary benefits and Validly concluded public authorities to services international organize and watch over treaties shall be public health
COMPARATIVE TABLES 83 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION part of the national legal system Preventive care, Policy objective: the public Physically, sensorially and Their provisions Art. 49 Specialized care and authorities shall carry out a mentally handicapped may only be special protection policy repealed, amended or suspended in the manner provided for in the treaties themselves or in Sufficient income, accordance with guaranteed through the general rules adequate and periodically State duty: duty of the of international Art. 50 Citizens in old age updated pensions and a public authorities law. system of social services (Art. 96)
Constitutional review by the Constitutional Court (Art. 161) Constitutional right Sweden Protection of the right to (1975) Art. 2 health State duty: obligation of the
public institutions Full text Promoting social care and Art. 2 State duty social security
COMPARATIVE TABLES 84 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION Switzerland The Art. 12 Persons in need and unable Assistance, care and the Constitutional right (1999) Confederation to provide for themselves financial means required legislates on for a decent standard of Full text welfare support living and social security of the Swiss abroad (Art. Art. 41 and Access to social security Everyone Policy objective 41) 116 and health care
The Federation may adopt rules Policy objective: the on family Federation is competent for
allowance and adopting measures to Art. 41 Family Protection operates a protect the family and on federal family family allowance compensation fund.(Art. 16)
The judicial Everyone, during authorities apply old-age and in case of Policy objective to be international law invalidity, illness, accident, pursued by the (Art. 190) Art. 41 Protection unemployment, maternity, Confederation and the
being orphaned and being Cantons A partial revision widowed of the
Constitution must
not violate mandatory Art. 111, 112, Old age, survivors, disability Measures to ensure State duty: the Federation
COMPARATIVE TABLES 85 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION provisions of 113 adequate financial has the obligation to international law provision for the elderly, regulate the insurance. (Art. 194) surviving spouses and children, and persons with Source of financing: the disabilities. These shall be insurance is financed based on three pillars, through contributions of namely the Federal Old- the insured persons, age, Survivors’ and whereby the employers will Invalidity Insurance, the pay half of the occupational pension contributions for their scheme and private employees; by subsidies of pension schemes. The the Federation and, if the insurance is mandatory; law so provides, of the the pensions have to Cantons cover basic living expenses appropriately; Employee pension plans are mandatory for employees; the law may provide for exceptions.
State duty: the Federation Unemployment insurance, has the obligation to which shall mandatory Art. 114 Unemployment regulate the matter unless exceptions set for
by the law Regulation by law
COMPARATIVE TABLES 86 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION Source of financing: by the contributions of the insured persons, whereby the employers pay half of the contributions for their employees Regulation by law
Duty of local authorities: Art. 115 Needy persons Support the Canton of residence of the beneficiary is competent to provide support State duty: the Federation has the obligation to Art. 116 Maternity Insurance institute a maternity insurance State duty: the Federation has an obligation to Art. 117 regulate the insurance and Medical care, work injuries Insurance to declare it mandatory for
all or for certain categories of persons The human rights Family, the mother and the Ensuring peace and Turkey and freedoms set Art. 41 State duty child welfare (1992) forth in the Constitution shall Art. 49 The unemployed State dut Full text be exercised in Necessary measures to
COMPARATIVE TABLES 87 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION conformity with raise the standard of living social justice of workers, and to protect (Preamble) workers and the unemployed in order to Social State improve the general principle (Art. 2) conditions of labour
International treaties have the force of national Regulate central planning law. They prevail and functioning of the over national law health services, by utilizing in matter of and supervising the health State duty fundamental Art. 56 - and social assistance rights and institutions. General freedoms (Art. health insurance may be 90) introduced by law.
Constitutional review by the Constitutional right Constitutional Art. 60 Everyone Social security Court (Art. 148) State duty
COMPARATIVE TABLES 88 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION
State duty Survivors of those killed in Art. 61 war, war veterans, disabled, Protection Regulation by law: State
children, the aged. assistance to the aged shall be regulated by the law.
Social State Citizens of Ukraine who serve principle (Art. 1) in the Armed Forces of Art. 17 Ukraine and in other military Social protection State duty International Ukraine formations as well as treaties in force (1996) members of their families. constitute part of Women, mothers, children national law (Art. Full text (especially orphans and 9) Protection, material Art. 24, 51, children deprived of parental support, paid maternity State duty The 52 care) leave and other privileges fundamentals of Maternity, motherhood, social protection fatherhood, childhood
COMPARATIVE TABLES 89 GENERAL MEANS AND METHODS OF ARTICLE PERSONS AND RISKS COVERED TYPE OF GUARANTEE PROVISIONS PROTECTION and health care Social protection - and the forms including financial security and types of Citizens, in case of complete, - through pensions and pensions shall be partial, or temporary other types of social Constitutional right determined disability, loss of the principal payments. Protection will exclusively by law wage-earner, unemployment be guaranteed by State Regulation by law: other (Art. 92) Art. 46 due to circumstances beyond social insurance, as well as circumstance in which The policy in their control, old age, and in by budgetary and other social protection is matter of social other cases determined by sources of social security; guaranteed may be security shall be law. and by establishing a determined by law. ensured by the network of institutions Cabinet of caring for incapacitated persons. Ministers (Art. 116) Constitutional Health protection, medical review by the Art. 49 Everyone care and medical Constitutional right Constitutional insurance. Court (Art.147)
COMPARATIVE TABLES 90