Reach and Substance of the Principle of Equal Treatment in Social Security Law under European Community and German Constitutional Law

Authors

Ursula Rust, University of Bremen

Abstract

The article examines the principle of equal treatment in social security law under European Community (EC) law and German constitutional law, highlighting their differences in scope and application. While both legal systems prohibit sex-based discrimination, EC law, primarily through Directive 79/7, applies narrowly to specific risks and allows significant exceptions, particularly for survivor and family benefits. In contrast, German constitutional law provides broader protections under the Basic Law, which directly binds the legislature and judiciary to ensure equal rights, though it also struggles with addressing indirect discrimination effectively.

Disciplines

Civil Rights and Discrimination | Constitutional Law | Law | Law and Gender

Recommended Citation

Ursula Rust, Reach and Substance of the Principle of Equal Treatment in Social Security Law under European Community and German Constitutional Law, 3 Cardozo J. Equal Rts. & Soc. Just. 427 (1996).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol3/iss2/11