Overview of recent cases before the European Court of Human Rights and the European Committee of Social Rights (June 2023 – December 2023)
| Published date | 01 March 2024 |
| DOI | http://doi.org/10.1177/13882627241236488 |
| Author | Eleni De Becker |
| Date | 01 March 2024 |
Overview of recent cases before
the European Court of Human
Rights and the European
Committee of Social Rights
(June 2023 –December 2023)
Eleni De Becker
Free University Brussels and KU Leuven, Belgium
Abstract
This case law report discusses two cases before the European Court of Human Rights and two cases
before the EuropeanCommittee of Social Rights. The first case (Pająk and others v. Poland) con-
cerns the introduction of a lower and different retirement age onthe basis of sex for judges of
the Polish Constitutional Court. In the case X and others v. Ireland, the ECtHR had toexamine
the extent to which the residence requirement for child benefits violated Article 14ECHR, read
benefits were paid only to claimants who were fully resident in Ireland, and the applicants, who
were awaiting a decision on their residency status, did not fulfil this requirement under Irish law.
The collective complaint no. 167/2018 (Sindacato autonomo Pensionati Or.S.A. v. Italy) concerned
an alleged violation of Article 12 (3) ESC due to the total or partial suspension of the automatic index-
ation of a large share of pensions in 2011. The measure was extended in 2015 and revised in 2018,
taking into account the position of particularly vulnerable persons. In the last case (collective complaint
no. 185/2019, European Roma Rights Centre (ERRC) v. Belgium), the applicants argued that their right
to social assistance had been violated, as they had not received social assistance benefits following a
police investigation. The ECSR did not go along with the applicants’claim.
Keywords
Social security, European Convention on Human Rights, European Social Charter, right to
property, prohibition of discrimination, right to private life, right to family life, right to social
security, right to social assistance
Corresponding author:
Eleni De Becker, Free University Brussels and KU Leuven, Pleinlaan 2, Brussels and Blijde-Inkomststraat 17, Leuven,
Belgium.
Email: eleni.de.becker@vub.be
Case Law Reports
European Journal of Social Security
2024, Vol. 26(1) 73–83
© The Author(s) 2024
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/13882627241236488
journals.sagepub.com/home/ejs
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