Pension reforms and human rights : bridging the gap between current and future retirees

Hartmann Cortes, Kevin [UCL]

In the last three decades, attempts to ensure the stability of worldwide pension systems have led to a widening gap in expected income security for different groups of retirees. This thesis examines how three foundational instruments of International Human Rights Law — the European Convention on Human Rights (ECHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the European Social Charter (ESC) — address this issue. While these instruments coincide in prioritizing the most vulnerable, their treatment of intergenerational inequalities diverges significantly as a consequence of their differing approaches to conceptualizing and operationalizing the right to a retirement pension. The ECHR emphasizes individual property rights but neglects intergenerational disparities. The ICESCR, linking pensions to the right to social security, allows for unequal outcomes. The ESC provides constraints but lacks enforceability. Acknowledging these limitations, the thesis advocates for evolving treaty interpretation and interdisciplinary dialogue to address emerging pension challenges—a critical endeavour for preserving human dignity, democracy, and justice for both current and future retirees