European Social Charter and Social Rights in the Constitution
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Abstract
The article discloses the importance of the European Social Charter which has already been in force more than a year in Lithuania, and presumed influence of this treaty to the protection of social rights declared in the Constitution. The article also emphasizes the importance of the interpretations of the Europoean Committee on Social Rights entitled to assess the states’ compliance with the Charter, indicates a tendency in the practise of the Committee and certain European states to treat social rights as individual and justiciable rights. The comparison of this tendency with the approach expressed in the constitutional jurisprudence of Lithuania is also presented in the article. The opinion is presented, that both approaches to social rights – policy based and rights based – have to be taken into account due to the adequate protection of social rights.
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Section
Articles
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