| Abstract [eng] |
This Master's thesis is designed for analysis of implicit socio-economic rights in the jurisprudence of the European Court of Human Rights. General analysis of the right to work, the right to social security and the right to health care and individual elements of these rights is necessary to clarify the relationship between these rights and their common position in the Convention. This provides insight on the possibilities to defend these rights and the developments of the jurisprudence of the Court. Thesis confirms that protection of implicit social and economic rights is chaotic and unpredictable. The right to work is guaranteed taking into account developments of the various international instruments, regardless of whether the state is bound by the latter, or not. Usage of such instruments in the cases of right to work is not clear, considering that international treaties may provide different rules. The Court is not unanimous towards overpaid benefits, as there are no clear criteria which would define whether such payments may fall within meaning of possessions. If such payments fall within the concept of possessions, it is nearly impossible to recover them. The right to health care in the jurisprudence is not guaranteed to all persons equally. Jurisprudence on health care of prisoners sets strict standards, but if the issue involves aliens, the Court does not establish strict rules. |
