The Right to Social Security in the European Constitutions

Abstract

This paper, written for the International Labour Organisation looks at social rights, particularly at the right to social security from a constitutional perspective. From this point of view, it explains the historical development of social security law as well as constitutional law in the Czech Republic after 1989. The paper then deals with the constitutional framework of the right to social security and assistance in material need which is later explained in more detail in the light of selected relevant judgments of the Czech Constitutional Court, wherein the impacts of its decision making on the content of social security rights in the domestic legal system is discussed. The final parts of the paper identify through the above mentioned resulting impacts, the possible threats to social security rights in times of economic crisis and provide an assessment of the future of social security rights in light of the Constitution.The paper presents a quite unique perspective from which social security legislation in the Czech Republic has previously been discussed, while at the same time explaining in brief the basic principles on which social security in the Czech Republic are built.