Specifying and Securing A Social Minimum in the Battle Against Poverty

Contents\nList of Authors\nList of Abbreviations\n1. Introduction\n	I. Poverty, Inequality and the Social Minimum\n	II. Conceptual Questions\n	III. Specifying a Social Minimum\n	IV. Securing a Social Minimum: Obligations for States and Individuals\n	V. Securing a Social Minimum: The Role of Courts and Supervisory Bodies\nPart 1: Conceptual Questions\n	2. What is the Relationship between Minimum Thresholds and Distributive Justice?\n		I. The Question of Minimums in Distributive Justice\n		II. Minimalism and its Discontents\n		III. The Case for Minimalism: Normative Foundations\n		IV. The Case for Minimalism: Instrumental Arguments\n		V. The Case for Minimalism: Democratic Arguments\n		VI. Conclusion\n	3. An Essential Dimension of the Social Minimum\n		I. Introduction\n		II. Dimensions\n		III. Resources Required for a \'Minimally Decent Life\'\n		IV. Characteristics of the Resources\n		V. The Construction of a Social Minimum Policy Regime\n		VI. Conclusion\n	4. A Social Minimum for Whom? Making a Case for a Normative Pattern of Pragmatic Decency\n		I. Points of Departure and Where they Take us\n		II. The Notion of a \'Swedish Social Contract\'\n		III. Social Provisions Made to the Most Vulnerable in Sweden\n		IV. Scope and a Basic Normative Pattern of Pragmatic Decency\nPart 2: \rSpecifying a Social Minimum\n	5. The Social Minimum in the Context of Inequality\n		I. Introduction\n		II. The Bottom-up View\n		III. The Top-down View\n		IV. The Integrated View\n		V. Some Normative Conclusions\n	6. Is there Common Ground for Defining a Decent Social Minimum in Europe?\n		I. Introduction\n		II. A Definition of Adequate Social Participation\n		III. A Theoretical Framework of Human Needs\n		IV. Common Ground across EU Member States for Defining Adequate Social Participation\n		V. Conclusion\n	7. Poverty Measurement and Poverty Alleviation between Norm-setting and Empirical Inquiries\n		I. Introduction\n		II. Poverty AS an Issue of Social Politics and Social Welfare Law\n		III. The Notion of Poverty in Social Policy and in Social Welfare Law\n		IV. What Justifies the Differences between the Approaches?\n		V. Why both the Normative and the Empirical Dimension are Important\n		VI. How to Achieve Poverty Measurement to become the Result of a Combination of the Normative and the Empirical\nPart 3: Securing a Social Minimum: Obligations for States and Individuals\n	8. Territorial and Extraterritorial Obligations to Ensure a Decent Social Minimum\n		I. Introduction\n		II. Towards a Definition of a Decent Social Minimum\n		III. A Decent Social Minimum as a Core of Social and Global Justice\n		IV. Territorial and Extraterritorial Obligations to Secure a Decent Social Minimum\n		V. Classification of Extraterritorial Obligations\n		VI. Right-Holders and Duty-Bearers\n		VII. Conclusions\n	9. Ending Poverty: Human Rights and Responsibilities\n		I. Introduction\n		II. Rights and a Social Minimum\n		III. Rights and Responsibilities\n		IV. Poverty and Policy in Advanced Economies\n		V. Global Poverty and Policy\n		VI. Conclusions\n	10. The Legal Status of Recipients of \rPublic Assistance\n		I. Introduction\n		II. The Relationship between Conditionality and Public Assistance\n		III. The Development of an Enforceable Right to Public Assistance\n		IV. The Development of the Legal Character of the Dutch Public Assistance Benefit\n		V. The Increased Conditionality by Requiring Counteractivities\n		VI. The Increased Sanctions Imposed on Benefit Recipients under Dutch Law\n		VII. Analysis in the Light of the Conditions on Conditionality\n		VIII. Conclusions\nPart 4: \rSecuring a Social Minimum: The Role of Courts and Supervisory Bodies\n	11. Giving Legal Substance to the Social Minimum\n		I. An Introductory Note – Setting the Scene\n		II. The Challenges of Giving Legal Effect to SER\n		III. Adjudicating SER – Trends and Practices\n		IV. Evading the \'Minimum\' – Why SER Enthusiasts are often Reluctant to Engage with the Substantive Core of SER\n		V. Engaging the Social Minimum – Giving Substance to SER\n		VI. Conclusion\n	12. Legal Strategies and the Question of the Social Minimum: A \rSystems-Theoretical Approach\n		I. Introduction\n		II. Luhmann on Law\n		III. Three Legal Programmes to Address the Question of Social Minimum\n		IV. Conclusions\n	13. Social Minima at the UN Treaty Bodies: Minimal Consistency?\n		I. Introduction\n		II. Origins and Evolution at the Committee on Economic, Social and Cultural Rights\n		III. Surveying Minima Practice at the Treaty Bodies\n		IV. Consistency and Future Directions\n		V. Conclusions\n	14. Potential and Pitfalls of Indivisible Judicial Protection of a Social Minimum: From Inflation to  Procedural Protection?\n		I. Introduction\n		II. Rights Inflation and Bias\n		III. Procedural Review as a Solution\n		IV. Potential Pitfalls of Procedural Review\n		V. Conclusion\n	15. Vulnerability as a Path to a \'Social Minimum\'? An Analysis of ECtHR Jurisprudence\n		I. Introduction\n		II. Minimum Core Obligations in International Human Rights Law\n		III. The Subjective Nature of Positive Obligations the Case Law of the ECtHR\n		IV. \'Vulnerability\' as a Means to Generate \'Objective\' Obligations\n		V. From \'Vulnerable Groups\' to Individual Vulnerability: An Inflation of Vulnerability Analysis?\n		VI. Conclusion\n	16. Constitutionalising a Social Minimum as a Minimum Core\n		I. The Minimum Core and the Social Minimum\n		II. What Constitutes a Social Minimum through the Lens of the Minimum Core?\n		III. Why the Constitution?\n		IV. What Role should the Court Play in Enforcing a Minimum Threshold?\n		V. The Substantive Approach\n		VI. The Procedural Approach\n		VII. The Hybrid Approach\n		VIII. Conclusion\nBibliography\nIndex