The right to social security is one of the fundamental second-generation human rights. Although it has been included in international human rights documents for many years, its constitutional regulation varies significantly among European countries. This master’s thesis analyzes the extent to which and the manner in which the right to social security is enshrined in the constitutions of twelve European countries, to whom it is guaranteed, and whether it can be enforced before national courts. Particular attention is paid comparing the constitutional frameworks of the selected countries with established typologies of welfare states, particularly Gøste Esping-Andersen’s typology and its subsequent amendments.
The comparative analysis shows that the level of development of the social system and the actual scope of social rights do not necessarily correspond to their constitutional framework. Some countries with developed social security systems regulate social rights in their constitutions only modestly or merely in programmatic terms, while other countries explicitly recognize the right to social security, yet its actual realization is limited or impossible due to financial difficulties or institutional problems in European countries.
This master’s thesis therefore emphasizes the importance of the constitutional formulation, legislative implementation, and judicial practice in the effective protection of the right to social security, as well as the fact that the constitutional framework for this right does not consistently align with Gøste Esping-Andersen’s typology of welfare states, since the constitutional enshrinement of the right does not necessarily reflect the actual level of development of a given country’s social security system.
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