Particularities of the European Court of Human Rights’ practice regarding social protection

The article is devoted to defining the substance, approaches, and trends in the case law of the European Court of Human Rights (hereinafter – the ECtHR) in the field of social protection, as well as its influence on the formation of national policy and law enforcement practices in the member states of the Council of Europe. The meaning of the category “social,” which forms the basis for understanding social rights, is clarified. It is determined that social rights are second-generation rights that encompass healthcare, housing, social security, education, and an adequate standard of living. These rights regulate key social relations, constitute the foundation of human existence, and define the essence of the functioning of a social and rule-of-law state. It has been found that, although the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention) does not directly guarantee social rights, the practice of the ECtHR demonstrates the possibility of their protection through the interpretation of provisions on the right to life, property, non-discrimination, and effective legal remedies. Special attention is paid to the protection of property rights in the sphere of social benefits. It has been established that, according to the legal position of the ECtHR, social benefits can be regarded as «property» subject to protection. Key ECtHR decisions concerning social benefits, non-discrimination on the grounds of gender, age, social or national origin, and the practice of positive discrimination regarding pension and social benefits are presented. The article also separately examines ECtHR precedents regarding the application of Article 3 of the Convention in the context of ensuring an adequate level of medical care and decent conditions of detention as an aspect of social protection, as well as the interconnection of social rights with political freedoms and other human rights. It has been concluded that the ECtHR establishes pan-European standards for the realization of social rights, while allowing states a certain discretion in determining specific mechanisms of social policy, but at the same time monitors the impermissibility of arbitrary or discriminatory restrictions. In Ukraine, the implementation of ECtHR decisions through legislation and judicial practice contributes to harmonizing the national system with European standards and strengthening the effective protection of citizens’ social rights.