ПРАВО НА ПЕНЗИЈУ КАО СТЕЧЕНО ПРАВО
THE RIGHT TO A PENSION AS ACQUIRED RIGHT

Summary/Abstract: The right to a pension is one of the basic social rights that also belongs to the corpus of human rights. Although it is not explicitly stated as one of the human rights within the European Convention on Human Rights of the Council of Europe, and is exclusively regulated within the framework of the Revised European Social Charter, the extensive judicial practice has established that the right to a pension enjoys protection also within the framework of Article 1 of Protocol 1 of the Convention, “protection of property“. In this regard, the research will be focused on the aspect of providing the right to a pension as a right to acquired property and the possibility of simultaneously establishing another human right - the right to work. There are diverse approaches to this issue within the legal systems of European countries, which the European Court of Human Rights takes into account due to the wide margin of appreciation of the states’ regulation of social systems. Although the principled position is taken that the right to a pension is an acquired right, and restricting it for the purpose of realizing the right to work is considered unfounded, the legal relationship between these two rights is far more complex when considering special types of pensions - disability pensions, early retirement, special pension provisions etc. The stated research problem will be specifically considered within the entities’ legislation of the pension and disability insurance system in Bosnia and Herzegovina, in the light of recent court rulings and amendments to entity laws on pension and disability insurance.

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