Should we uprate social benefits for inflation as a matter of Article 1 Protocol 1?

Abstract

Would a Convention State breach any property rights if it does not adjust its social security benefits for inflation? This article discusses under which circumstances Article 1 Protocol 1 (A1P1) of the European Convention on Human Rights may require Convention States to uprate the real value of social benefit entitlements as a consequence of inflation. The methodology followed was both doctrinal and analytical legal research based on the European Court of Human Rights’ (ECtHR) case law. The text firstly considers why A1P1 may be engaged. The argument holds that lack of indexation of social benefits has a similar effect to their legislative reduction when it comes to the peaceful enjoyment of social security benefits. Afterwards it explores what follows for Convention States. Considering the literature on ‘positive’ obligations and A1P1, the article constructs a plausible case under which A1P1 would require Convention States to uprate (at least partially) a segment of social benefit entitlements.

Recovery of Claims Arising from Abuse of Non-insurance Social Security Benefit System

“…Benefi t programmes have long been overlooked in social policy research (Morris, 2023). Currently, some scientifi c studies focus on the disproportionality in granting of social security benefi ts in relation to regions (Sales-Fonseca and Otero, 2023;Tervola et al, 2023), on the insuffi cient valorization of social security benefi ts due to infl ation (Hartmann-Cortés, 2022) or examining relationships between the level of social security benefi ts and fi nancial vulnerability (Šubová, 2023). The topic of abuse of social security benefi ts can therefore be identifi ed as an important scientifi c gap that needs to be fi lled.…”