SEGURIDADE SOCIAL

QUAIS SÃO OS STANDARDS MÍNIMOS FIXADOS PELA CORTE INTERAMERICANA DE DIREITOS HUMANOS?

Abstract

Considering that since 2017 the Inter-American Court of Human Rights has consolidated the possibility of direct justiciability of Economic, Social, Cultural and Environmental Rights through article 26 of the American Convention on Human Rights, including the right to social security, this article focuses on investigating the minimum standards set by the Inter-American Court regarding this right. From this perspective, the aim is to answer the following question: what are the minimum standards set by the Inter-American Court of Human Rights with regard to social security? To this end, a deductive approach and an analytical procedure were adopted, as well as bibliographical and jurisprudential research techniques. It emerges that there are four (4) cases judged by the Inter-American Court on social security, in which the following standards have been outlined: right to access to pensions; adequate value and duration of benefits; respect for the principles of availability and accessibility; coverage of social risks and contingencies; benefits at a sufficient level; punctuality of payments; mechanisms for contestation and access to justice; and the contribution of the right to social security to strengthening the exercise of other Economic, Social, Cultural and Environmental Rights.