International Standards for Social Security and Their Fulfilment in Estonia: Changes in Pension and Health Insurance and Their Constitutionality

• Author: Gaabriel Tavits
• Position: Docent of Labour and Social Welfare Law, University of Tartu
• Pages: 27-34

27

JURIDICA INTERNATIONAL XVIII/2011

Gaabriel Tavits

Docent of Labour and Social Welfare Law

University of Tartu

International Standards for

Social Security and Their

Fulf‌i lment in Estonia:

Changes in Pension and Health Insurance

and Their Constitutionality

Two important issues concerning the backing of social security schemes have emerged in Estonia. A recently

published study arrived at the conclusion that the Estonian health insurance f‌i nancing system is not sus-

tainable and proper health care remains unavailable to individuals in the long run.*1 Secondly, the parlia-

ment of the Republic of Estonia—the Riigikogu—had to decide on raising the retirement age*2; also subject

to discussion has been the abolition of special pensions, depriving a certain group of people of their legal

right to receive social benef‌i ts.*3 The future of two important social security schemes has, therefore, been

under discussion. Both social security schemes are, among other things, closely related to the economic

situation of the country, but also to international requirements by which the Republic of Estonia is bound.

This article analyses the compliance of the amendments made in Estonian health insurance and pen-

sion insurance with international requirements and the principles set forth in the Constitution.

1. The right to social security as a fundamental right

The right to social security has been recognised as one of the fundamental rights. In Estonia, the rights

related to social security are regulated by §28 of the Constitution.*4 Pursuant to subsection 2 of that sec-

tion, a person has the right to state assistance in the event of old age, incapacity for work, loss of someone

on whom he depends, and need. With that provision, the Estonian state has assumed the responsibility to

ensure the payment of social benef‌i ts necessary for an individual in the above-mentioned circumstances.

1 See analysis Responding to the challenge of f‌i nancial sustainability in Estonia’s health system. WHO 2010. Available at

http://www.haigekassa.ee/uploads/userf‌i les/E93542.pdf (9.10.2011).

2 Riikliku pensionikindlustuse seaduse muutmise ja sellega seonduvalt teiste seaduste muutmise seadus (Act Amending the

State Pension Insurance Act and Other Related Acts), §7 (1). – RT I 2010, 18, 97 (in Estonian).

3 See, e.g., ‘Valitsus püüab eripensione kaotada järk järgult’ (Government Tries to Abolish Special Pensions Gradually). – Pos-

timees, 18.5.2010. Available at http://www.postimees.ee (in Estonian); ‘Valitsus tahab eripensionid kaotada’ (Government

Set to Abolish Special Pensions). – Postimees.ee, 28.4.2011. Available at www.reporter.ee/2011/04/28 (in Estonian).

4 Eesti Vabariigi põhiseadus. – RT 1992, 26, 349; RT I 2007, 33, 210 (in Estonian).