Saatja: "Kristin Kaur"
Saaja: "SM Info"
Teema: FW: Research on the social rights protection in Estonia - a request for support.
Kuupäev: 2024-04-09 07:34
Tere,
Edastan kirja teile, kuna valdkond peaks olema Sotsiaalministeeriumi all.
Tervitades,
Kristin Kaur
Välissuhete nõunik
Justiitsministeerium
+372 530 50 666
www.just.ee
From: Adam Ploszka <
[email protected]>
Sent: Friday, April 5, 2024 3:50 PM
To: Kalle Laanet <
[email protected]>
Cc: Laidi Surva <
[email protected]>; Kristin Kaur
<
[email protected]>
Subject: Research on the social rights protection in Estonia - a request
for support.
Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.
Dear Mr. Kalle Laanet,
Minister of Justice
I am a law researcher holding a Ph.D. degree in law. Currently, I am
associated with the University of Warsaw (Poland), where I am conducting a
research project on social rights protection in Central and Eastern
European Constitutionalism. I do this because this region of Europe does
not receive due attention from legal science. To provide a possible
comprehensive picture, I decided to contact you, as well as other
Ministries of Justice from Central and Eastern Europe. This is because I’m
convinced that Ministries of Justice have a unique and comprehensive
perspective on human rights protection in their respective countries.
I would be very grateful if you (or another person from the Ministry of
Justice to whom you can forward my message) could support my research by
answering the following questions:
1. How social rights are protected according to the Constitution of
Estonia?
2. Can social rights be judicially enforced, especially before the
Supreme Court?
3. Has the global crises, that have been taking place in recent
years, meaning the economic crisis that started in 2008 (which resulted in
the adoption of different austerity measures) and the COVID-19 crisis or
any other domestic crisis affected the protection of social rights in
Estonia and if yes – how?
4. What are the main features of social rights jurisprudence of the
Supreme Court of Estonia (i.a. what are the boundaries in the realisation
of social rights that the Constitutional Court has set for the
legislature)?
5. Did the Supreme Court of Estonia refer (and to what extent) to the
concepts of justiciability of social rights developed internationally,
like the standard of reasonableness, the minimum/core content of rights
and minimum/core obligations of states or proportionality?
6. To protect the social interests of the individual, does the
Supreme Court of Estonia turn to civil and political rights (such as the
right to dignity or equality) in addition to or instead of social rights?
7. Is Estonia considering ratification of the Optional Protocol to
International Covenant on Economic, Social and Cultural Rights? If not,
please provide - if possible - the reasons for this decision.
I would also like to kindly ask you to send me the most important (for
the protection of social rights) judgments of the Supreme Court of Estonia
concerning:
1) the right to social security,
2) the right to health care,
3) the right to education,
4) the right to housing.
I would appreciate it if these judgments were available in English. If
they are not, please send them to me in the original language.
If you are willing to help me with my research I would appreciate your
response by the 24th of May. Once I complete this research I am planning
to publish the results in open-access format. I will be happy to share
them with you.
Yours faithfully,
Dr Adam PLOSZKA
---
dr Adam Ploszka
Assistant Professor (adiunkt),
Centre for Human Rights
Faculty of Law and Administration
University of Warsaw