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Refereed articles

Protection and enforcement of the right to social security

Evaluating the protection and enforcement of the right to social security, the authors argue that the only way open to the categories of persons not covered by relevant legislation is on the basis of their constitutional right to access to social security. The major part of the article deals with the question whether the constitutional right to social security is in fact enforceable and, if so, the measures that should be taken to enforce it.

The authors conclude that an enforcement mechanism apart from constitutional litigation is required and offer some suggestions as to how such tribunals could operate.

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