Sriwijaya Law Review
Volume 6 Issue 2, July 2022

Gender Inequality in Social Security on the Basis of the ECtHR Case-Law

Oleg M. Yaroshenko (Department of Labor Law Yaroslav Mudryi National Law University 561024, 77 Pushkinska Str., Kharkiv, Ukraine)
Kostiantyn Y. Melnyk (Department of Labor and Economic Law Kharkiv National University of Internal Affairs 61080, 27 Lva Landau Ave., Kharkiv, Ukraine)
Dmytro І. Sirokha (Department of Labor and Social Security Law Institute of Law Taras Shevchenko National University of Kyiv 01033, 60 Volodymyrska Str., Kyiv, Ukraine)
Olena S. Arsentieva (Law Faculty Volodymyr Dahl East Ukrainian National University 93400, 59-А Tsentralnyi Ave., Severodonetsk, Ukraine)
Irina I. Тeslikova (Chervonozavodskiy District Court of the Kharkiv City 61001, 36 Heroi Nebesnoi Sotni Sq., Kharkiv, Ukraine)



Article Info

Publish Date
13 Jul 2022

Abstract

As the European case-law shows, nowadays, there are numerous problems in the social sphere. Accordingly, there appears to be a need to study international regulation of equality and current social security problems to find possible solutions to the existing shortcomings and to strengthen human rights protection. The article aims to analyse the universal international regulation of equality and gender equality, in particular, and to study the problems of gender inequality in social security based on the European Court of Human Rights (ECtHR) case law to eliminate this discrimination. The leading research method is a legalistic one. It allowed us to analyse the international legislation on gender equality and to look into the ECtHR case law in gender discrimination in social security. It was found that gender inequality in social security is often a result of prior gender-based discrimination in labour relations. Despite the fact that legal acts protect women in cases of inequality, the analysis of the ECtHR case-law permitted us to conclude that men suffer from gender discrimination as much as women. Therefore, it is suggested to adopt legal acts on the equality of men and women in social security to overcome such discriminative practices at the legislative level. It is also recommended to implement the governmental policy on counteracting gender stereotypes in society. The research results can improve national legislation and international legal acts, further research into equality issues, and develop a methodological base for teaching human rights and social security.

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Journal Info

Abbrev

Publisher

Subject

Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

Description

The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal ...