Publication details

The Rights of the Elderly in the Case-Law of the Constitutional Court of the Czech Republic from the Perspective of Old-Age Pensions

Authors

ŠIMÁČKOVÁ Kateřina

Year of publication 2019
Type Article in Periodical
Magazine / Source Czech Yearbook of Public & Private International Law
MU Faculty or unit

Faculty of Law

Citation
Web Open access
Keywords justiciability of social rights; old-age pensions; older persons
Description The article describes the case-law of the Constitutional Court of the Czech Republic, dealing with the issues of the right to social security in old age (old-age pensions), that means a key topic related to the rights of the elderly. The rights of the elderly are generally not emphasised in the case-law of the Constitutional Court, but the Constitutional Court repeatedly gives its opinions within the review of the constitutional conformity of laws governing the issue of old-age pensions and the taxation thereof. In its introduction, this article defines the topic of the right to social security in old age as one of the important rights of the elderly; then, the right to social security in old age is described here as one of the social rights guaranteed in the constitutional order of the Czech Republic, including the debate on the justiciability of social rights. The basic part of the article follows, describing individual decisions of the Constitutional Court, including the critical comments by the professional community and the dissenting judges. The article is concluded by reflection on the future trends of social security in old age and its judicial protection.

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