Social Security Law in Small Jurisdictions (The World of Small States, 8)

The book examines whether small jurisdictions (states) are confronted with specific issues providing social security and how to deal with these issues. How is social security law impacted by the smallness of the jurisdiction? First, the author examines the key concepts ‘small jurisdiction’ and ‘social security’ as he understands them in the present research. He then pays some attention to the relation between social security and social security law and subsequently makes an excursion to explore the notion of legal transplants. In the second part, the author first examines the main features characterizing small states according to the general literature on small states, focusing on features which may be relevant to social security. He also includes an overview of the (limited) literature dealing with the specific social security issues small jurisdictions have to deal with. In other words, the second part provides the reader with the status quaestionis. In the third part, the author takes a look at the social security systems of 20 selected small jurisdictions. He does so according to a uniform scheme, in order to facilitate their comparison. These 20 case studies allow him in a next part to test the correctness of the statements made in Part 2. In the fourth part, he compares the social security systems of the 20 small jurisdictions. He draws conclusions as to the main question, but also to test the validity of the current literature on the topic as described in Part 2. Special attention goes to the use of legal transplants for the definition of the personal scope of social security arrangements. In the concluding part of the book, the author formulates some suggestions for the benefit of the social security systems of the small jurisdictions, based on his research. Preface Contents Part I: Small Jurisdictions and Social Security: State of the Art Chapter 1: Conceptual Framework 1.1 Small Jurisdictions 1.2 Social Security 1.3 Social Security and the Law 1.4 An Excursion: Legal Transplants References Chapter 2: Small Jurisdictions; Their Common Features, in General and as Far as Social Security Is Concerned 2.1 Economic and Environmental Shocks 2.2 Scale Disadvantage and Flexibility 2.3 Limited Human Resources and Limited Infrastructure 2.4 Training Needs 2.5 Limited Number of People Covered by Social Security 2.6 Importance of Migration 2.7 Strong Ties with Other States 2.8 Homogeneity, Social Cohesion and Democracy 2.9 Proximity 2.10 Unified Administration and Fragmentation 2.11 Financial Issues 2.12 Legal and Social Security Transplants References Part II: Country Studies: Social Security in Twenty Small Jurisdictions Chapter 3: Aruba 3.1 Context 3.2 Legal Framework of Rights to Social Security 3.2.1 Constitutional Context 3.2.2 Social Security Legislation and Structure 3.2.3 Enforcement of Constitutional and Statutory Rights 3.3 Population and the Personal Scope of the Social Security Schemes 3.3.1 General Data on the Population and Its Composition 3.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 3.4 Administration of Social Security 3.5 Coordination 3.6 Additional Relevant Information Websites References Chapter 4: Buthan 4.1 Context 4.2 Legal Framework of Rights to Social Security 4.2.1 Constitutional Context 4.2.2 Social Security Legislation and Structure 4.2.3 Enforcement of Constitutional and Statutory Rights 4.3 Population and the Personal Scope of the Social Security Schemes 4.3.1 General Data on the Population and Its Composition 4.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 4.4 Administration of Social Security 4.5 Coordination 4.6 Additional Relevant Information Websites References Chapter 5: Curaçao 5.1 Context 5.2 Legal Framework of Rights to Social Security 5.2.1 Constitutional Context 5.2.2 Social Security Legislation and Structure 5.2.3 Enforcement of Constitutional and Statutory Rights 5.3 Population and the Personal Scope of the Social Security Schemes 5.3.1 General Data on the Population and Its Composition 5.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 5.4 Administration of Social Security 5.5 Coordination 5.6 Additional Relevant Information Websites References Chapter 6: Cyprus 6.1 Context 6.2 Legal Framework of Rights to Social Security 6.2.1 Constitutional Context 6.2.2 Social Security Legislation and Structure 6.2.3 Enforcement of Constitutional and Statutory Rights 6.3 Population and the Personal Scope of the Social Security Schemes 6.3.1 General Data on the Population and Its Composition 6.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 6.4 Administration of Social Security 6.5 Coordination 6.6 Additional Relevant Information Websites References Chapter 7: Faroe Islands 7.1 Context 7.2 Legal Framework of Rights to Social Security 7.2.1 Constitutional Context 7.2.2 Social Security Legislation and Structure 7.2.3 Enforcement of Constitutional and Statutory Rights 7.3 Population and the Personal Scope of the Social Security Schemes 7.3.1 General Data on the Population and Its Composition 7.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 7.4 Administration of Social Security 7.5 Coordination 7.6 Additional Relevant Information Websites References Chapter 8: Fiji 8.1 Context 8.2 Legal Framework of Rights to Social Security 8.2.1 Constitutional Context 8.2.2 Social Security Legislation and Structure 8.2.3 Enforcement of Constitutional and Statutory Rights 8.3 Population and the Personal Scope of the Social Protection Schemes 8.3.1 General Data on the Population and Its Composition 8.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 8.4 Administration of Social Security 8.5 Coordination 8.6 Additional Relevant Information Websites References Chapter 9: Gibraltar 9.1 Context 9.2 Legal Framework of Rights to Social Security 9.2.1 Constitutional Context 9.2.2 Social Security Legislation and Structure 9.2.3 Enforcement of Constitutional and Statutory Rights 9.3 Population and the Personal Scope of the Social Protection Schemes 9.3.1 General Data on the Population and Its Composition 9.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 9.4 Administration of Social Security 9.5 Coordination 9.6 Additional Relevant Information Websites References Chapter 10: Greenland 10.1 Context 10.2 Legal Framework of Rights to Social Security 10.2.1 Constitutional Context 10.2.2 Social Security Legislation and Structure 10.2.3 Enforcement of Constitutional and Statutory Rights 10.3 Population and the Personal Scope of the Social Security Schemes 10.3.1 General Data on the Population and Its Composition 10.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 10.4 Administration of Social Security 10.5 Coordination 10.6 Additional Relevant Information Websites References Chapter 11: Grenada 11.1 Context 11.2 Legal Framework of Rights to Social Security 11.2.1 Constitutional Context 11.2.2 Social Security Legislation and Structure 11.2.3 Enforcement of Constitutional and Statutory Rights 11.3 Population and the Personal Scope of the Social Security Schemes 11.3.1 General Data on the Population and Its Composition 11.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 11.4 Administration of Social Security 11.5 Coordination 11.6 Additional Relevant Information Websites References Chapter 12: Guyana 12.1 Context 12.2 Legal Framework of Rights to Social Security 12.2.1 Constitutional Context 12.2.2 Social Security Legislation and Structure 12.2.3 Enforcement of Constitutional and Statutory Rights 12.3 Population and the Personal Scope of the Social Security Schemes 12.3.1 General Data on the Population and Its Composition 12.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 12.4 Administration of Social Security 12.5 Coordination 12.6 Additional Relevant Information Websites References Chapter 13: Iceland 13.1 Context 13.2 Legal Framework of Rights to Social Security 13.2.1 Constitutional Context 13.2.2 Social Security Legislation and Structure 13.2.3 Enforcement of Constitutional and Statutory Rights 13.3 Population and the Personal Scope of the Social Security Schemes 13.3.1 General Data on the Population and Its Composition 13.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 13.4 Administration of Social Security 13.5 Coordination 13.6 Additional Relevant Information Websites References Chapter 14: Liechtenstein 14.1 Context 14.2 Legal Framework of Rights to Social Security 14.2.1 Constitutional Context 14.2.2 Social Security Legislation and Structure 14.2.3 Enforcement of Constitutional and Statutory Rights 14.3 Population and the Personal Scope of the Social Security Schemes 14.3.1 General Data on the Population and Its Composition 14.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 14.4 Administration of Social Security 14.5 Coordination 14.6 Additional Relevant Information Websites References Chapter 15: Maldives 15.1 Context 15.2 Legal Framework of Rights to Social Security 15.2.1 Constitutional Context 15.2.2 Social Security Legislation and Structure 15.2.3 Enforcement of Constitutional and Statutory Rights 15.3 Population and the Personal Scope of the Social Security Schemes 15.3.1 General Data on the Population and Its Composition 15.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 15.4 Administration of Social Security 15.5 Coordination 15.6 Additional Relevant Information Websites References Chapter 16: Malta 16.1 Context 16.2 Legal Framework of Rights to Social Security 16.2.1 Constitutional Context 16.2.2 Social Security Legislation and Structure 16.2.3 Enforcement of Constitutional and Statutory Rights 16.3 Population and the Personal Scope of the Social Security Schemes 16.3.1 General Data on the Population and Its Composition 16.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 16.4 Administration of Social Security 16.5 Coordination 16.6 Additional Relevant Information Websites References Chapter 17: San Marino 17.1 Context 17.2 Legal Framework of Rights to Social Security 17.2.1 Constitutional Context 17.2.2 Social Security Legislation and Structure 17.2.3 Enforcement of Constitutional and Statutory Rights 17.3 Population and the Personal Scope of the Social Security Schemes 17.3.1 General Data on the Population and Its Composition 17.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 17.4 Administration of Social Security 17.5 Coordination 17.6 Additional Relevant Information Websites References Chapter 18: Seychelles 18.1 Context 18.2 Legal Framework of Rights to Social Security 18.2.1 Constitutional Context 18.2.2 Social Security Legislation and Structure 18.2.3 Enforcement of Constitutional and Statutory Rights 18.3 Population and the Personal Scope of the Social Security Schemes 18.3.1 General Data on the Population and Its Composition 18.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 18.4 Administration of Social Security 18.5 Coordination 18.6 Additional Relevant Information Websites References Chapter 19: Sint Maarten 19.1 Context 19.2 Legal Framework of Rights to Social Security 19.2.1 Constitutional Context 19.2.2 Social Security Legislation and Structure 19.2.3 Enforcement of Constitutional and Statutory Rights 19.3 Population and the Personal Scope of the Social Security Schemes 19.3.1 General Data on the Population and Its Composition 19.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 19.4 Administration of Social Security 19.5 Coordination 19.6 Additional Relevant Information Websites References Chapter 20: Suriname 20.1 Context 20.2 Legal Framework of Rights to Social Security 20.2.1 Constitutional Context 20.2.2 Social Security Legislation and Structure 20.2.3 Enforcement of Constitutional and Statutory Rights 20.3 Population and the Personal Scope of the Social Security Schemes 20.3.1 General Data on the Population and Its Composition 20.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 20.4 Administration of Social Security 20.5 Coordination 20.6 Additional Relevant Information Websites References Chapter 21: Trinidad and Tobago 21.1 Context 21.2 Legal Framework of Rights to Social Security 21.2.1 Constitutional Context 21.2.2 Social Security Legislation and Structure 21.2.3 Enforcement of Constitutional and Statutory Rights 21.3 Population and the Personal Scope of the Social Security Schemes 21.3.1 General Data on the Population and Its Composition 21.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 21.4 Administration of Social Security 21.5 Coordination 21.6 Additional Relevant Information Websites References Chapter 22: Tonga 22.1 Context 22.2 Legal Framework of Rights to Social Security 22.2.1 Constitutional Context 22.2.2 Social Security Legislation and Structure 22.2.3 Enforcement of Constitutional and Statutory Rights 22.3 Population and the Personal Scope of the Social Security Schemes 22.3.1 General Data on the Population and Its Composition 22.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes 22.4 Administration of Social Security 22.5 Coordination 22.6 Additional Relevant Information Websites References Part III: The Comparison: Facts and Recommendations Chapter 23: The Comparison 23.1 Political, Cultural and Constitutional Context 23.2 Conservatism and Absence of Originality 23.3 Administration 23.4 Personal Scope 23.5 Remoteness 23.6 Immigration 23.7 Emigration 23.8 Coordination 23.9 Re-migration 23.10 Remittances 23.11 Health Care Abroad 23.12 Integrity Issues 23.13 Economic and Environmental Shocks Websites References Chapter 24: Twenty-One Recommendations 24.1 Define the Goals That Are Pursued by Social Security 24.2 Make Social Security Address Your Own Reality of Today 24.3 Listen to Advice, But Take Control 24.4 Consider Social Security as a Whole 24.5 Reflect on the Personal Scope of the Social Security Schemes 24.6 Take Care of the Democratic Consistency of Social Security 24.7 Deal in a Fair Way with Frontier and Seasonal Workers 24.8 Reconsider Advantages of Expats and Foreigners; Co-involve Tourists 24.9 Pursue a Coherent Vision on the Social (Security) Responsibility Towards Emigrants 24.10 Unify the Political Responsibility for Social Security 24.11 Overcome the Geographical, Linguistic and Digital Literacy Remoteness Between Social Security and the Persons It Protects 24.12 Provide the People Designing and Managing Social Security with the Right Knowledge 24.13 Reconsider the Amount and the Processes of Means Testing 24.14 Develop the Legal Framework of Social Assistance 24.15 Pay Attention Not Creating Expectations that Cannot Be Upheld 24.16 Take a Multifaceted View on Investment Policy 24.17 Take Integrity Issues Seriously 24.18 Make Suitable Coordination Agreements with Main Migration Countries 24.19 Regulate Health Care Abroad and Avoid Inverse Redistribution 24.20 Make Social Security Aware of Remittances 24.21 Make Social Security Prepared to Absorb Temporarily Contained Economic and Environmental Shocks References Chapter 25: Epilogue