The content and potential of the right to social assistance in light of Article 13 of the European Social Charter

Abstract

This article explores the current development of the right to social assistance as well as its potential for improving income support policies. Focusing on Article 13 of the European Social Charter (ESC), it aims to shed light on the content of such provision by identifying a list of comprehensive defining standards from the monitoring activity conducted by the European Committee of Social Rights (ECSR). Secondly, it asks whether the right can effectively enhance access to social assistance in practice by studying the implementation of the right in two national cases, the UK and Spain. The article concludes that Article 13 ESC imposes clear obligations on States Parties regarding aspects of the implementation of assistance schemes, such as the level of assistance and the right to appeal. Nevertheless, practical aspects of implementation should be taken into account for the effective realisation of the right. The ESC provisions, as well as the ECSR’s Conclusions, should be enforced by States at the national level. Furthermore, the standards developed by the ECSR for Article 13 can be complemented by recommendations currently suggested by civil society, such as the increased flexibility of activation measures for households with parenting duties, and the splitting of payments to achieve financial independence.