Article 1 does not guarantee a right to a pension of any particular amount, but that the right safeguarded by Article 1 consists, at most, ‘in being entitled as a beneficiary of the social insurance scheme to any payments made by the fund.’ A claim to contributory benefits was a ‘possession’ by analogy with the proprietary right of a contributor to a private pension fund.
Citations:
5849/72, (1975) 3 DR 25
Jurisdiction:
Human Rights
Cited by:
Applied – Gaygusuz v Austria ECHR 16-Sep-1996
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was . .
Cited – Jankovic v Croatia ECHR 2000
Although a claim to a social security benefit is a possession (thereby attracting article 14) it does not entitle one to anything in particular. . .
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Benefits
Updated: 29 January 2022; Ref: scu.184542