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Social Security as a Human Right: The Protection afforded by by Ana Gomez Heredero

By Ana Gomez Heredero

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Before his release on parole, at an advanced stage of the illness, directions were given for his removal to St Kitts. Before the Court, he argued that his expulsion to St Kitts would condemn him to spend his remaining days in isolation and destitution, 70. See p. 27. 71. Case No. 146/1996/767/964. 40 European Court of Human Rights case-law on social security with neither accommodation nor resources. The termination of the medical treatment he was receiving would hasten his death since no similar medical treatment was available in St Kitts.

96. The execution of the European Court of Human Rights’ judgments in the field of social security, S. Günter Nagel, Revue de droit sanitaire et sociale, n° 2, pp. 204-215, Paris 2007. 97. Application No. 29303/95. 55 SOCIAL SECURITY AS A HUMAN RIGHT In its judgment of 28 June 2005 in Zedník v. the Czech Republic98 – concerning the Czech authorities’ withdrawal of the applicant’s partial invalidity allowance – the ECHR held that the Czech Constitutional Court’s interpretation of a procedural requirement had prevented examination of the merits of the applicant’s case and so had infringed the right to effective protection by the courts.

Greece and other cases, ResDH (2004) 81). 86 Enforcing judgments of the Court implies a duty to deliver three things: just satisfaction, individual measures and general measures. The Court orders payment of just satisfaction, as appropriate, under Article 41 of the Convention. This normally takes the form of a sum of money to make good pecuniary and non-pecuniary damage and to cover costs. Interest for late payment is added to the sum after expiry of a time limit fixed by the Court. The just-satisfaction award is detailed in the judgment and is directly enforceable.

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