Welfare sanctions and the right to a subsistence minimum
A troubled marriage
Bibliographic Data
| ID | 12627870 |
|---|---|
| Authors | Valery Gantchev (0000-0001-5512-5466, Rijksuniversiteit Groningen, Groningen, Netherlands, corresponding author) |
| Year | 2020 |
| Volume | 22 |
| Issue | 3 |
| Pages | 257-272 |
| Publication date | 2020-08-04 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of Social Security (JOURNAL) |
| Journal identifiers | ISSN: 1388-2627 • E-ISSN: 2399-2948 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/1388262720940328 |
| OpenAlex | W3047299102 |
| Language | EN |
| Citations received | 8 |
| References cited | 17 |
Can welfare sanctions and the right to a subsistence minimum coexist? The present article sheds light on this question by examining recent developments in German social assistance law and placing them in the broader international legal context. In November 2019, the German Constitutional Court declared a large portion of the applicable regime unconstitutional because it violated the basic right to a guaranteed subsistence minimum. The first part of the article examines this German basic right and the way its normative requirements are applied by the Constitutional Court to welfare sanctions. Two important points of reference which are discussed relate to the effectiveness of the measures and the availability of sanction mitigation instruments that safeguard the constitutionally guaranteed subsistence minimum. The second part of the article carries out a similar examination into the international human right to social assistance and the respective case law of the international supervisory bodies. A comparative legal analysis is carried out in the third part, which highlights the similarities between the German and the international legal approach to minimum social protection and welfare sanctions. The article concludes with the observation that welfare sanctions and the right to a subsistence minimum can only coexist under the condition that states respect the absolute nature of minimum social protection and reconcile the adopted measures with the primary objective of social assistance: reintegration and social inclusion
Constitution · Constitutional court · Economics · Geography · German · International law · Law and economics · Normative · Political science · Sanctions · Social Welfare · Sociology · Subsistence agriculture · Welfare · Human Rights and Development · Judicial and Constitutional Studies · Law · Ombudsman and Human Rights
Migrants and Welfare States
Entre el discurso y la realidad
Welfare state dystopia as a challenge to the fundamental right of social security
Doughnuts for strategies
Checks and balances under pressure in the welfare state
Welfare Conditionality as Administrative Burden
Powerful representation of the poor? German welfare associations' narrative advocacy during Covid‐19
Justice perceptions of sanctions for unemployed welfare recipients
The third way
Zur Dogmatik eines Rechts auf Sicherung des Existenzminimums
Work-Related Sanctions in European Welfare States
Human Rights as Indivisible Rights
Universal Credit, ubiquitous conditionality and its implications for social citizenship
The right to minimum subsistence and property protection under the ECHR
Repressive Welfare States
The fundamental right of social assistance
Creeping Conditionality in the UK
| Unique citing works | 8 |
|---|---|
| Citations per year | 2 |
| Citation span | 2022 - 2025 (4) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 8 |