Türk Anayasa Hukukunda Sosyal Güvenlik Hakkı ve Uygulamaları

Abstract

Since the beginning of humanity, the concept of social security has emerged because of the conservation and safety of individual needs, which became the social right form in the aftermath of industrialization in the 18th and 19th centuries. The right to social security, which protects its functionality to the extent in which it can respond to social and individual needs, continues to expand its content to this day. The fact that it is one of the rights that imposes a positive obligation on the state stance has a distinct position in terms of its claim capability, realizability, and judgment at the national and international levels. It is noteworthy that in the process that started with the definition of the rights to social security as a constitutional right in Turkey, after the establishment of the Constitutional Court, the right to social security became a fundamental right that is the most subject of adjudicature among social rights. This has brought the diversity of law cases where the right to social security rights can be evaluated within many dimensions. This research aims to shed light on the historical context of social security rights that needs to be scrutinized while evaluating the Supreme Court cases and analyzing the Supreme Court’s perspective on the social security rights framework.