Tutorial 5: Protection of social rights
Subjects:
o Different sources of social rights in Europe: ESC, ECHR and EU Charter
o Development of positive obligations under ECHR
o Social rights in EU Charter (distinction between rights and principles)
Learning aims:
o To be able to identify the different sources of social rights in Europe and analyse the
differences and similarities between them
o To be able to analyse the difference between civil and political rights on the one hand
and social rights on the other
o To be able to explain and analyse the difference between positive and negative
obligations as used by the ECtHR and apply it to a case-solving question
Literature:
o EFRF Chapter 2, nos. 15-19, chapter 18, nos. 56-60
o Jean-François Akandji-Kombe, ‘Positive obligations under the European Convention on
Human Rights. A guide to the implementation of the European Convention on Human
Rights, Council of Europe, 2007, pp. 7-20, available here
o Ida Elisabeth Koch, ‘Chapter 5. The interaction between human rights case law:
Convergence or competition?’, in F. Pennings and G. Vonk (eds), Research Handbook on
European Social Security Law, Edward Elgar Publishing 2015, pp. 103–120, available here
o EXPLANATIONS (*) RELATING TO THE CHARTER OF FUNDAMENTAL RIGHTS (2007/C
303/02) Explanation on Article 52 — Scope and interpretation of rights and principles
Case law
o ECtHR, Airey v Ireland, 9 October 1979, No. 6289/73
o ECtHR, Hatton and Others v The United Kingdom, 8 July 2003, No. 36022/97
o ECtHR, M.S.S. v Belgium and Greece, 21 January 2011, No. 30696/09
Subjects:
o Different sources of social rights in Europe: ESC, ECHR and EU Charter
o Development of positive obligations under ECHR
o Social rights in EU Charter (distinction between rights and principles)
Learning aims:
o To be able to identify the different sources of social rights in Europe and analyse the
differences and similarities between them
o To be able to analyse the difference between civil and political rights on the one hand
and social rights on the other
o To be able to explain and analyse the difference between positive and negative
obligations as used by the ECtHR and apply it to a case-solving question
Literature:
o EFRF Chapter 2, nos. 15-19, chapter 18, nos. 56-60
o Jean-François Akandji-Kombe, ‘Positive obligations under the European Convention on
Human Rights. A guide to the implementation of the European Convention on Human
Rights, Council of Europe, 2007, pp. 7-20, available here
o Ida Elisabeth Koch, ‘Chapter 5. The interaction between human rights case law:
Convergence or competition?’, in F. Pennings and G. Vonk (eds), Research Handbook on
European Social Security Law, Edward Elgar Publishing 2015, pp. 103–120, available here
o EXPLANATIONS (*) RELATING TO THE CHARTER OF FUNDAMENTAL RIGHTS (2007/C
303/02) Explanation on Article 52 — Scope and interpretation of rights and principles
Case law
o ECtHR, Airey v Ireland, 9 October 1979, No. 6289/73
o ECtHR, Hatton and Others v The United Kingdom, 8 July 2003, No. 36022/97
o ECtHR, M.S.S. v Belgium and Greece, 21 January 2011, No. 30696/09
