eu-charter

Carta dos Direitos Fundamentais da UE

EU Charter and Charter resources
Previous title

Título IV

Solidariedade

Next title
Previous article

Artigo 34.o - Segurança social e assistência social

Next article

Artigo 34.o - Segurança social e assistência social

1. A União reconhece e respeita o direito de acesso às prestações de segurança social e aos serviços sociais que concedem protecção em casos como a maternidade, doença, acidentes de trabalho, dependência ou velhice, bem como em caso de perda de emprego, de acordo com o direito da União e com as legislações e práticas nacionais.
2. Todas as pessoas que residam e se desloquem legalmente no interior da União têm direito às prestações de segurança social e às regalias sociais nos termos do direito da União e das legislações e práticas nacionais.
3. A fim de lutar contra a exclusão social e a pobreza, a União reconhece e respeita o direito a uma assistência social e a uma ajuda à habitação destinadas a assegurar uma existência condigna a todos aqueles que não disponham de recursos suficientes, de acordo com o direito da União e com as legislações e práticas nacionais.

CHARTERPEDIA RESOURCES

Anotações

  • Text:

    O princípio enunciado no n.o 1 do artigo 34.o baseia-se nos artigos 153.o e 156.o do Tratado sobre o Funcionamento da União Europeia, bem como no artigo 12.o da Carta Social Europeia e no ponto 10 da Carta Comunitária dos Direitos Sociais Fundamentais dos Trabalhadores. Deve ser respeitado pela União quando esta exerce as competências que lhe conferem os artigos 153.o e 156.o do Tratado sobre o Funcionamento da União Europeia. A referência aos serviços sociais visa os casos em que esses serviços tenham sido instituídos no intuito de assegurar determinadas prestações, mas não implica de modo algum que tais serviços devam ser instituídos quando não existirem. O termo `maternidade` deve ser entendido na mesma acepção que no artigo anterior.
    O n.o 2 baseia-se no n.o 4 do artigo 12.o e no n.o 4 do artigo 13.o da Carta Social Europeia e no ponto 2 da Carta Comunitária dos Direitos Sociais Fundamentais dos Trabalhadores e reflecte as regras constantes do Regulamento (CEE) n.o 1408/71 e do Regulamento (CEE) n.o 1612/68.

    O n.o 3 inspira-se no artigo 13.o da Carta Social Europeia, nos artigos 30.o e 31.o da Carta Social revista e no ponto 10 da Carta Comunitária dos Direitos Sociais Fundamentais dos Trabalhadores. Deve ser respeitado pela União no âmbito das políticas fundamentadas no artigo 153.o do Tratado sobre o Funcionamento da União Europeia.

    Source:
    Jornal Oficial da União Europeia C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    As presentes anotações, inicialmente elaboradas sob a responsabilidade do Praesidium da Convenção que redigiu a Carta dos Direitos Fundamentais da União Europeia, foram actualizadas sob a responsabilidade do Praesidium da Convenção Europeia, à luz das adaptações ao texto (nomeadamente aos artigos 51.o e 52.o) da Carta introduzidas pela Convenção Europeia e da evolução do direito da União. Embora não tenham em si força de lei, constituem um valioso instrumento de interpretação destinado a clarificar as disposições da Carta.

Jurisprudência

Direitos constitucionais nacionais

45 results found

  • The Fundamental Law of Hungary
    URL:
    The Fundamental Law of Hungary
    País:
    Hungary

    Article XIX (Freedom and Responsibility) (1) Hungary shall strive to provide social security to all of its citizens. Every Hungarian citizen shall be entitled to assistance in the case of maternity, illness, invalidity, disability, widowhood, orphanage and unemployment for reasons outside of his or her control, as provided for by an Act.
    (2) Hungary shall implement social security for the persons referred to in Paragraph (1) and for others in need through a system of social institutions and measures.
    (3) The nature and extent of social measures may be determined in an Act in accordance with the usefulness to the community of the beneficiary’s activity.
    (4) Hungary shall contribute to ensuring a life of dignity for the elderly by maintaining a
    general state pension system based on social solidarity and by allowing for the operation of voluntarily established social institutions. An Act may lay down the conditions for entitlement to state pension also with regard to the requirement for stronger protection for women.

    Article XXII (Freedom and Responsibility) (1) Hungary shall strive to ensure decent housing conditions and access to public services for everyone.
    (2) The State and local governments shall also contribute to creating decent housing conditions by striving to ensure accommodation for all persons without a dwelling.
    (3) In order to protect public order, public safety, public health and cultural artefacts, an Act or a local government decree may, with respect to a specific part of public space, provide that using a public space as a habitual dwelling shall be illegal.

  • Tο Σύνταγμα της Κυπριακής Δημοκρατίας
    URL:
    Tο Σύνταγμα της Κυπριακής Δημοκρατίας
    País:
    Cyprus

    ΑΡΘΡΟΝ 9
    Έκαστος έχει το δικαίωμα αξιοπρεπούς διαβιώσεως και κοινωνικής ασφαλείας. Ο νόμος θα προβλέψη περί προστασίας των εργατών, αρωγής προς τους πτωχούς και συστήματος κοινωνικών ασφαλίσεων.

  • Ustav Republike Hrvatske
    URL:
    Ustav Republike Hrvatske
    País:
    Croatia

    Članak 57.
    Pravo zaposlenih i članova njihovih obitelji na socijalnu sigurnost i socijalno osiguranje uređuje se zakonom i kolektivnim ugovorom.
    Prava u svezi s porođajem, materinstvom i njegom djece uređuju se zakonom

    Članak 58.
    (1) Slabim, nemoćnima i drugim, zbog nezaposlenosti ili nesposobnosti za rad, nezbrinutim osobama država osigurava pravo na pomoć za podmirenje osnovnih životnih potreba.
    (4)Ne može se zabraniti primanje humanitarne pomoći iz inozemstva.

  • Το Σύνταγμα της Ελλάδας
    URL:
    Το Σύνταγμα της Ελλάδας
    País:
    Greece

     Άρθρο 22 (5). Το Κράτος μεριμνά για την κοινωνική ασφάλιση των εργαζομένων, όπως νόμος ορίζει.

  • КОНСТИТУЦИЯ на Република България
    URL:
    КОНСТИТУЦИЯ на Република България
    País:
    Bulgaria

     Чл. 51(1) Гражданите имат право на обществено осигуряване и социално подпомагане.(2) Лицата, останали временно без работа, се осигуряват социално при условия и по ред, определени със закон.(3) Старите хора, които нямат близки и не могат да се издържат от своето имущество, както и лицата с физически и психически увреждания, се намират под особена закрила на държавата и обществото.

Direito da UE

14 results found

  • Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security
    URL:
    https://eur-lex.europa.eu/eli/dir/1979/7/oj/eng

    Article 1

    The purpose of this Directive is the progressive implementation, in the field of social security and other elements of social protection provided for in Article 3, of the principle of equal treatment for men and women in matters of social security, hereinafter referred to as ‘the principle of equal treatment’.

    Article 4

    1.   The principle of equal treatment means that there shall be no discrimination whatsoever on ground of sex either directly, or indirectly by reference in particular to marital or family status, in particular as concerns:

    — the scope of the schemes and the conditions of access thereto,

    — the obligation to contribute and the calculation of contributions,

    — the calculation of benefits including increases due in respect of a spouse and for dependants and the conditions governing the duration and retention of entitlement to benefits.

    2.   The principle of equal treatment shall be without prejudice to the provisions relating to the protection of women on the grounds of maternity.

    Article 6

    Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply the principle of equal treatment to pursue their claims by judicial process, possibly after recourse to other competent authorities.

  • Directive 2011/95 - Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of t
    URL:
    https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0083:en:HTML

    Preamble 

    (10) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members.

    (16) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.  In particular this Directive seeks to ensure full respect for  human dignity and the right to asylum of applicants for  asylum and their accompanying family members and to  promote the application of Articles 1, 7, 11, 14, 15, 16, 
    18, 21, 24, 34 and 35 of that Charter, and should  therefore be implemented accordingly.


    (34) With regard to social assistance and health care, the modalities and detail of the provision of core benefits to beneficiaries of subsidiary protection status should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood in the sense that this notion covers at least minimum income support, assistance in case of illness, pregnancy and parental assistance, in so far as they are granted to nationals according to the legislation of the Member State concerned.

    (35) Access to health care, including both physical and mental health care, should be ensured to beneficiaries of refugee or subsidiary protection status.

    Article 2: Definitions
    For the purposes of this Directive the following definitions shall apply:
    (a) ‘international protection’ means refugee status and subsidiary protection status as defined in points (e) and (g);
    (d) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply; [...]
    (e) ‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee;
    (f) ‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) does not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;
    (g) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection; [...]

    Article 13: Granting of refugee status
    Member States shall grant refugee status to a third-country national or a stateless person who qualifies as a refugee in accordance with Chapters II and III.‘

    Article 18: Granting of subsidiary protection status
    Member States shall grant subsidiary protection status to a third-country national or a stateless person eligible for subsidiary protection in accordance with Chapters II and V.‘

    Article 21: Protection from refoulement

    1.   Member States shall respect the principle of non-refoulement in accordance with their international obligations.

    2.   Where not prohibited by the international obligations mentioned in paragraph 1, Member States may refoule a refugee, whether formally recognised or not, when:

    (a) there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present; or

    (b) he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that Member State.

    3.   Member States may revoke, end or refuse to renew or to grant the residence permit of (or to) a refugee to whom paragraph 2 applies.

    Article 22: Information

    Member States shall provide persons recognised as being in need of international protection, as soon as possible after the respective protection status has been granted, with access to information, in a language likely to be understood by them, on the rights and obligations relating to that status.

    Article 23: Maintaining family unity

    1.   Member States shall ensure that family unity can be maintained.

    2.   Member States shall ensure that family members of the beneficiary of refugee or subsidiary protection status, who do not individually qualify for such status, are entitled to claim the benefits referred to in Articles 24 to 34, in accordance with national procedures and as far as it is compatible with the personal legal status of the family member.

    In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may define the conditions applicable to such benefits.

    In these cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living.

    3.   Paragraphs 1 and 2 are not applicable where the family member is or would be excluded from refugee or subsidiary protection status pursuant to Chapters III and V.

    4.   Notwithstanding paragraphs 1 and 2, Member States may refuse, reduce or withdraw the benefits referred therein for reasons of national security or public order.

    5.   Member States may decide that this Article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin, and who were wholly or mainly dependent on the beneficiary of refugee or subsidiary protection status at that time.

    Article 26: Access to employment

    1.   Member States shall authorise beneficiaries of refugee status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service, immediately after the refugee status has been granted.

    2.   Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training and practical workplace experience are offered to beneficiaries of refugee status, under equivalent conditions as nationals.

    3.   Member States shall authorise beneficiaries of subsidiary protection status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service immediately after the subsidiary protection status has been granted. The situation of the labour market in the Member States may be taken into account, including for possible prioritisation of access to employment for a limited period of time to be determined in accordance with national law. Member States shall ensure that the beneficiary of subsidiary protection status has access to a post for which the beneficiary has received an offer in accordance with national rules on prioritisation in the labour market.

    4.   Member States shall ensure that beneficiaries of subsidiary protection status have access to activities such as employment-related education opportunities for adults, vocational training and practical workplace experience, under conditions to be decided by the Member States.

    5.   The law in force in the Member States applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.

    Article 27: Access to education

    1.   Member States shall grant full access to the education system to all minors granted refugee or subsidiary protection status, under the same conditions as nationals.

    2.   Member States shall allow adults granted refugee or subsidiary protection status access to the general education system, further training or retraining, under the same conditions as third country nationals legally resident.

    3.   Member States shall ensure equal treatment between beneficiaries of refugee or subsidiary protection status and nationals in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.

    Article 28: Social welfare

    1.   Member States shall ensure that beneficiaries of refugee or subsidiary protection status receive, in the Member State that has granted such statuses, the necessary social assistance, as provided to nationals of that Member State.

    2.   By exception to the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.

    Article 29: Health care

    1.   Member States shall ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses.

    2.   By exception to the general rule laid down in paragraph 1, Member States may limit health care granted to beneficiaries of subsidiary protection to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.

    3.   Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted the status, adequate health care to beneficiaries of refugee or subsidiary protection status who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.

  • Community Charter of the Fundamental Social Rights of Workers (not in force)
    URL:
    https://aei.pitt.edu/4629/1/4629.pdf

    Social protection
    According to the arrangements applying in each country:
    10. Every worker of the European Community shall
    have a right to adequate social protection and shall, whatever his status and whatever the size of the undertaking in
    which he is employed, enjoy an adequate level of social
    security benefits.
    Persons who have been unable either to enter or
    re-enter the labour market and have no means of subsistence must be able to receive sufficient resources and
    social assistance in keeping with their particular situation.
     

  • Treaty on the Functioning of the European Union
    URL:
    https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012E/TXT&from=EN

    Article 153

    (ex Article 137 TEC)

    1. With a view to achieving the objectives of Article 151, the Union shall support and complement the activities of the Member States in the following fields:

    (a) improvement in particular of the working environment to protect workers' health and safety;

    (b) working conditions;

    (c) social security and social protection of workers;

    (d) protection of workers where their employment contract is terminated;

    (e) the information and consultation of workers;

    (f) representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 5;

    (g) conditions of employment for third-country nationals legally residing in Union territory;

    (h) the integration of persons excluded from the labour market, without prejudice to Article 166;

    (i) equality between men and women with regard to labour market opportunities and treatment at work;

    (j) the combating of social exclusion;

  • Community Charter of the Fundamental Social Rights of Workers (not in force)
    URL:
    https://aei.pitt.edu/4629/1/4629.pdf

    2. The right to freedom of movement shall enable any worker to engage in any occupation or profession in the Community in accordance with the principles of equal treatment as regards access to employment, working conditions and social protection in the host country.

  • Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (8) (9) (10) (11)
    URL:
    https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:01971R1408-20100501&from=EN

    .

  • Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (codification)
    URL:
    https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02011R0492-20190731&from=EN

    .

  • Community Charter of the Fundamental Social Rights of Workers (not in force)
    URL:
    https://aei.pitt.edu/4629/1/4629.pdf

    Social protection
    According to the arrangements applying in each country:
    10. Every worker of the European Community shall have a right to adequate social protection and shall, whatever his status and whatever the size of the undertaking in which he is employed, enjoy an adequate level of social security benefits.
    Persons who have been unable either to enter or re-enter the labour market and have no means of subsistence must be able to receive sufficient resources and social assistance in keeping with their particular situation.

  • Treaty on the Functioning of the European Union
    URL:
    https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012E/TXT&from=EN

    Article 156

    (ex Article 140 TEC)

    With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:

    - employment,

    - labour law and working conditions,

    - basic and advanced vocational training,

    - social security,

    - prevention of occupational accidents and diseases,

    - occupational hygiene,

    - the right of association and collective bargaining between employers and workers.

    To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.

    Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.

  • Treaty on the Functioning of the European Union
    URL:
    https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012E/TXT&from=EN

    Article 153

    (ex Article 137 TEC)

    1. With a view to achieving the objectives of Article 151, the Union shall support and complement the activities of the Member States in the following fields:

    (a) improvement in particular of the working environment to protect workers' health and safety;

    (b) working conditions;

    (c) social security and social protection of workers;

    (d) protection of workers where their employment contract is terminated;

    (e) the information and consultation of workers;

    (f) representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 5;

    (g) conditions of employment for third-country nationals legally residing in Union territory;

    (h) the integration of persons excluded from the labour market, without prejudice to Article 166;

    (i) equality between men and women with regard to labour market opportunities and treatment at work;

    (j) the combating of social exclusion;

    (k) the modernisation of social protection systems without prejudice to point (c).

    2. To this end, the European Parliament and the Council:

    (a) may adopt measures designed to encourage cooperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and evaluating experiences, excluding any harmonisation of the laws and regulations of the Member States;

    (b) may adopt, in the fields referred to in paragraph 1(a) to (i), by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

    The European Parliament and the Council shall act in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee and the Committee of the Regions.

    In the fields referred to in paragraph 1(c), (d), (f) and (g), the Council shall act unanimously, in accordance with a special legislative procedure, after consulting the European Parliament and the said Committees.

    The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament, may decide to render the ordinary legislative procedure applicable to paragraph 1(d), (f) and (g).

    3. A Member State may entrust management and labour, at their joint request, with the implementation of directives adopted pursuant to paragraph 2, or, where appropriate, with the implementation of a Council decision adopted in accordance with Article 155.

    In this case, it shall ensure that, no later than the date on which a directive or a decision must be transposed or implemented, management and labour have introduced the necessary measures by agreement, the Member State concerned being required to take any necessary measure enabling it at any time to be in a position to guarantee the results imposed by that directive or that decision.

    4. The provisions adopted pursuant to this Article:

    - shall not affect the right of Member States to define the fundamental principles of their social security systems and must not significantly affect the financial equilibrium thereof,

    - shall not prevent any Member State from maintaining or introducing more stringent protective measures compatible with the Treaties.

    5. The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs.

Direito internacional

5 results found

  • Committee on Economic, Social and Cultural Rights General comment No. 20 (2009) Non-discrimination in economic, social and cultural rights (art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights)
    URL
    (Committee on Economic, Social and Cultural Rights General comment No. 20)

    Marital and family status
    ‘31. Marital and family status may differ between individuals because, inter alia, they are married or unmarried, married under a particular legal regime, in a de facto relationship or one not recognized by law, divorced or widowed, live in an extended family or kinship group or have differing kinds of responsibility for children and dependants or a particular number of children. Differential treatment in access to social security benefits on the basis of whether an individual is married must be justified on reasonable and objective criteria. In certain cases, discrimination can also occur when an individual is unable to exercise a right protected by the Covenant because of his or her family status or can only do so with spousal consent or a relative’s concurrence or guarantee.‘

  • Committee on Economic, Social and Cultural Rights, General comment No. 19 (2007) - The right to social security (art. 9)
    URL
    (Committee on Economic, Social and Cultural Rights, General comment No. 19)
  • Committee on the Elimination of Discrimination against Women, General recommendation No. 34 (2016) on the rights of rural women
    URL
    (Committee on the Elimination of Discrimination against Women, General recommendation No. 34)

    ‘17. States parties should promote inclusive and sustainable economic development which enables rural women to enjoy their rights, and: [...] (c) Ensure that they are able to effectively and directly benefit from economic and social programmes by involving them in the design and development of all relevant plans and strategies, such as those related to health, education, employment, social security, etc.‘
    ‘40. Article 14, paragraph 2(c) requires States parties to ensure that rural women benefit directly from social security. However, a majority of rural women have limited opportunities in the formal labour market, and are more likely to be engaged in activities not regulated by labour codes and social security legislation linked with formal employment. They are therefore exposed to increased risks and need measures of social protection taking their situation into account.
    41. In order to eliminate discrimination against rural women in economic and social life, States parties should:
    (a) Ensure that rural women engaged in unpaid work and/or in the informal sector have access to non-contributory social protection in line with GR 16 (1991) on unpaid women workers in rural and urban family enterprises, and that those employed in the formal sector have access to contributory social security benefits in their own right, irrespective of their marital status;
    (b) Adopt gender-responsive social protection floors to ensure that all rural women have access to essential health care, childcare facilities and income security, in line with article 14, paragraph 2 (b) and (h) and ILO Recommendation No. 202 (2012) on social protection floors.‘

  • Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families
    URL
    (Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, General comment No. 2)

    2. Right to social security
    ‘67. With respect to social security, article 27, paragraph 1, of the Convention provides that all migrant workers and members of their families shall have the right to the same treatment granted to nationals of the State of employment, insofar as they fulfil the requirements provided for by the applicable legislation of that State and the applicable bilateral and multilateral treaties. When a State party enacts legislation providing for the payment of a social benefit, whether conditional or not on the prior payment of contributions, and if the migrant worker concerned fulfils the requirements provided for in such legislation, it cannot arbitrarily exclude him or her from that benefit or limit his or her access to such benefit, as the prohibition of discrimination applies to the right to social security. Accordingly, any distinction based on nationality or migration status must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances, and be proportionate to the legitimate aim pursued. While States parties enjoy a certain margin of discretion in assessing whether and to what extent differences in otherwise similar situations justify different treatment, they must explain how such different treatment, based exclusively on nationality or migration status, is compatible with articles 7 and 27. [...]‘

  • ILO R202 - Social Protection Floors Recommendation, 2012 (No. 202)
    URL
    (Social Protection Floors Recommendation, No. 202)

    ‘4. Members should, in accordance with national circumstances, establish as quickly as possible and maintain their social protection floors comprising basic social security guarantees. The guarantees should ensure at a minimum that, over the life cycle, all in need have access to essential health care and to basic income security which together secure effective access to goods and services defined as necessary at the national level.
    5. The social protection floors referred to in Paragraph 4 should comprise at least the following basic social security guarantees:
    (a) access to a nationally defined set of goods and services, constituting essential health care, including maternity care, that meets the criteria of availability, accessibility, acceptability and quality;
    (b) basic income security for children, at least at a nationally defined minimum level, providing access to nutrition, education, care and any other necessary goods and services;
    (c) basic income security, at least at a nationally defined minimum level, for persons in active age who are unable to earn sufficient income, in particular in cases of sickness, unemployment, maternity and disability; and
    (d) basic income security, at least at a nationally defined minimum level, for older persons.
    6. Subject to their existing international obligations, Members should provide the basic social security guarantees referred to in this Recommendation to at least all residents and children, as defined in national laws and regulations.
    7. Basic social security guarantees should be established by law. National laws and regulations should specify the range, qualifying conditions and levels of the benefits giving effect to these guarantees. Impartial, transparent, effective, simple, rapid, accessible and inexpensive complaint and appeal procedures should also be specified. Access to complaint and appeal procedures should be free of charge to the applicant. Systems should be in place that enhance compliance with national legal frameworks.
    8. When defining the basic social security guarantees, Members should give due consideration to the following:
    (a) persons in need of health care should not face hardship and an increased risk of poverty due to the financial consequences of accessing essential health care. Free prenatal and postnatal medical care for the most vulnerable should also be considered;
    (b) basic income security should allow life in dignity. Nationally defined minimum levels of income may correspond to the monetary value of a set of necessary goods and services, national poverty lines, income thresholds for social assistance or other comparable thresholds established by national law or practice, and may take into account regional differences;
    (c) the levels of basic social security guarantees should be regularly reviewed through a transparent procedure that is established by national laws, regulations or practice, as appropriate; and
    (d) in regard to the establishment and review of the levels of these guarantees, tripartite participation with representative organizations of employers and workers, as well as consultation with other relevant and representative organizations of persons concerned, should be ensured. [...]‘

Produtos

  • Fundamental Rights Report
    10
    June
    2021

    Fundamental Rights Report 2021

    FRA’s Fundamental Rights Report 2021 reviews major developments in the field in 2020, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions. This year’s focus chapter explores the impact of the COVID-19 pandemic on fundamental rights. The remaining chapters cover: the EU Charter of Fundamental Rights; equality and non-discrimination; racism, xenophobia and related intolerance; Roma equality and inclusion; asylum, borders and migration; information society, privacy and data protection; rights of the child; access to justice; and the implementation of the Convention on the Rights of Persons with Disabilities.
  • Fundamental Rights Report
    10
    June
    2021

    The coronavirus pandemic and fundamental rights: A year in review

    This focus looks at COVID-19’s impact on fundamental rights. It underscores that a human rights-based approach to tackling the pandemic requires balanced measures that are based on law, necessary, temporary and proportional. It also requires addressing the pandemic’s socio-economic impact, protecting the vulnerable and fighting racism.
  • Periodic updates / Series
    30
    November
    2020

    Coronavirus pandemic in the EU - Fundamental Rights Implications - Bulletin 6

    This report outlines some of the measures EU Member States have put in place to protect public health as Europe faces the ‘second wave’ of the Coronavirus pandemic. It highlights how these may affect fundamental rights, especially social rights.
    Satjawat/ Cedric Blondeel/ ivan / korakoch© adobestock.com, 2020
  • Country sheets
    20
    October
    2020

    Integrating young refugees in the EU - Country information

    The EU Fundamental Rights Agency published in 2019 its report on the ‘Integration of young refugees in the EU’. The report explored the challenges of young people who fled armed conflict or persecution and arrived in the EU in 2015 and 2016. The report is based on 426 interviews with experts working in the area of asylum and integration, as well as 163 interviews with young people, aged 16 to 24, conducted between October 2017 and June 2018 in 15 regions and cities located in six Member States: Austria, France, Germany, Greece, Italy and Sweden. The links on this page provide a summary of the information collected during this period for each country about unaccompanied children turning 18 and the change in people’s legal status once international protection is granted. These two issues had at the time been identified as moments requiring sufficient, consistent and systematic support, particularly from lawyers, social workers and guardians, to ensure successful integration.
  • Periodic updates / Series
    29
    September
    2020

    Coronavirus pandemic in the EU – impact on Roma and Travellers - Bulletin 5

    Often living in substandard and overcrowded housing conditions, Roma and Travellers face an increased risk of contracting COVID-19. They are also disproportionately affected by measures taken to contain the virus. This FRA Bulletin takes a closer look at this reality in 15 EU Member States, focusing on education; employment; poverty; healthcare; housing; and anti-Gypsyism. It also outlines civil society efforts to tackle the diverse challenges triggered by the Coronavirus pandemic.
    Emmanuelle Guillou © adobestock.com, 2020
  • Report / Paper / Summary
    23
    September
    2020

    Roma and Travellers in six countries

    This report presents findings from FRA’s 2019 survey on Roma and Travellers in Belgium, France, Ireland, the Netherlands, Sweden and the United Kingdom. The survey included interviews with almost 4,700 Roma and Travellers, collecting information on more than 8,200 individuals living in their households.
  • Periodic updates / Series
    29
    July
    2020

    Coronavirus pandemic in the EU - Fundamental Rights Implications - Bulletin 4

    As we enter the second half of 2020, the constraints on our daily lives brought about by the Coronavirus pandemic have become a firm reality. New local lockdowns and the reintroduction of restrictive measures prompted by fresh outbreaks of the virus are a stark reminder that COVID-19 continues to shape our lives – and our enjoyment of fundamental rights – in profound ways. There is compelling evidence of how the pandemic has exacerbated existing challenges in our societies. This FRA Bulletin outlines some of the measures EU Member States adopted to safely reopen their societies and economies while continuing to mitigate the spread of COVID-19. It highlights the impact these measures may have on civil, political and socioeconomic rights.
  • Periodic updates / Series
    30
    June
    2020

    Coronavirus pandemic in the EU - Fundamental Rights Implications - Bulletin 3

    The Coronavirus pandemic continues to interrupt everyday life in the EU in unprecedented ways. But the way it affects our societies is shifting. As governments gradually lift some of the measures put in place to contain the spread of COVID-19, new fundamental rights concerns arise: how to ensure that the rights to life and health are upheld as daily life transitions to a ‘new normal’. This Bulletin looks at declarations of states of emergency, or equivalent, and how they came under scrutiny. It considers
    the impact on fundamental rights in important areas of daily life, and includes a thematic focus on the pandemic's impact on older people.
    Solarisys © adobestock.com, 2020
  • Fundamental Rights Report
    11
    June
    2020

    Fundamental Rights Report 2020

    FRA’s Fundamental Rights Report 2020 reviews major developments in the field in 2019, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions. This year’s focus chapter explores how to unlock the full potential of the EU Charter of Fundamental Rights.
  • Periodic updates / Series
    28
    May
    2020

    Coronavirus pandemic in the EU - Fundamental Rights Implications - Bulletin 2

    The Coronavirus pandemic continues to interrupt everyday life in the EU in unprecedented ways. But the way it affects our societies is shifting. As governments gradually lift some of the measures put in place to contain the spread of COVID-19, new fundamental rights concerns arise: how to ensure that the rights to life and health are upheld as daily life transitions to a ‘new normal’. This Bulletin looks at declarations of states of emergency, or equivalent, and how they came under scrutiny. It considers the impact on fundamental rights in important areas of daily life, and includes a thematic focus on the processing of users’ data to help contain COVID-19, particularly by contact-tracing apps. It covers the period 21 March – 30 April 2020.
    Blue Design © adobestock.com, 2020