7
which the individual has a right, insofar as it is recognized by domestic law and precisely owing
to his or her contribution to the social security system; a contribution that would give rise to
a reasonable expectation of access to the corresponding social security benefits. 34 This right
has been derived from the right to protection of property established in Article 1 of Protocol 1
to the Convention for the Protection of Human Rights and Fundamental Freedoms 35 based on
the concept of “possessions.”36
18.
The European Court has underlined the special diligence required in the processing of
cases in which the matter in question is urgent, identifying, for example, those cases of a
work-related nature and concerning pensions. Specifically, in the case of pensions, the
European Court has said that special diligence is required in work-related disputes including
disputes on pensions.37
19.
Meanwhile, the European Committee of Social Rights38 is the organ responsible for
monitoring compliance with the European Social Charter, Article 12 of which explicitly includes
the right to social security.39 In this way, the European Committee of Social Rights has
understood that the right to social security is a fundamental right and that the social security
system must cover the traditional social risks providing adequate benefits in respect of medical
care, sickness, unemployment, old age, employment injury, family, maternity, etc. It has also
specified that the benefits provided within the different branches of social security should be
adequate and, in particular, income-substituting benefits should not be so low as to result in
Cf. Santolaya Machetti, Pablo and Díaz Ricci, Sergio M., “Los Derechos Económicos, Sociales y Culturales y la
protección de grupos vulnerables”, in Canosa Usera, Raúl, Fernández Sánchez, Pablo Antonio, García Roca, Javier
and Santolaya Machetti, Pablo (Coords.), El Diálogo entre los Sistemas Europeo y Americano de Derechos
Humanos, Lima, ECB Ediciones S. A. C., 2015, p. 303.
34
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived
of his possessions except in the public interest and subject to the conditions provided for by law and by the general
principles of international law. […].”
35
Cf. Case of Stec and Others v. The United Kingdom, Application No. 65731/01 65900/01, Judgment of April
12, 2006; Case of Wessels-Bergervoet v. The Netherlands, Application No. 34462/97, Judgment of November 12,
2002, and Case of Andrejeva v. Latvia, Application No. 55707/00, Judgment of February 18, 2009.
36
Cf. Affidavit rendered by Christian Courtis on August 30, 2018, citing case law of the European Court of
Human Rights, namely: cases of Konig v. Germany, June 28, 1978, para. 111; Buchholz v. Germany, May 6, 1981,
para. 52; Obermeier v. Austria, June 28, 1990, para. 72; Vacatura v. Italy, May 24, 1991, para. 17; Borgese v. Italy,
January 24, 1992, para. 18; Ruotolo v. Italy, February 27, 1992, para. 17; Doustaly v. France, April 23, 1998, para.
48; Thlimmenos v. Greece, April 6, 2000, paras. 60 and 62; Frydlender v. France, June 27, 2000, para. 45; Garcia
v. France, September 26, 2000, para. 14; Julien v. France, April 8, 2003, para. 31, and Sartory v. France, September
24, 2009, para. 34.
37
ECSR, Cf. Finnish Society of Social Rights v. Finland, Decision on the Merits, Complaint No. 88/2012, Decision
of September 9, 2014, paras. 57 and 59 and Unione Italiana del Lavoro U.I.L. Scuola-Sicilia v. Italy, Complaint No.
13/2014, Decision on the merits, Decision of January 24, 201, para. 52.
38
39
“With a view to ensuring the effective exercise of the right to social security, the Contracting Parties
undertake: (1) to establish or maintain a system of social security; (2) to maintain the social security system at a
satisfactory level at least equal to that required for ratification of International Labour Convention (No. 102)
Concerning Minimum Standards of Social Security; (3) to endeavor to raise progressively the system of social security
to a higher level; (4) to take steps, through the conclusion of appropriate bilateral and multilateral agreements, or
by other means, and subject to the conditions laid down in such agreements, in order to ensure: (a) equal treatment
with their own nationals of the nationals of other Contracting Parties in respect of social security rights, including the
retention of benefits arising out of social security legislation, whatever movements the persons protected may
undertake between the territories of the Contracting Parties; (b) the granting, maintenance and resumption of social
security rights by such means as the accumulation of insurance or employment periods completed under the
legislation of each of the Contracting Parties.”