International and European standards oflong-term care: The emergence ofderived social security right

This paper analyses the normative role o f international and European standards in shaping the right to long-term care. The starting premise is that long-term care is notformulated as an autonomous social right in positive international law, but its legal content may be derivedfrom the broader corpus of human rights, in particular the right to social security. In this context, the paper examines relevant universal standards developed 'within theframework of the United Nations and the International Labour Organization, as 'well as the European normative framework established 'within the system of the Council of Europe and European Union law. The normative analysis demonstrates that the cumulative effect o f these sources progressively gives rise to legally binding positive obligations o f the state, as 'well as to a minimum normative core in the field of long-term care, encompassing the provision of available, accessible, high-quality and non-discriminatory support services for persons in a state offunctional dependency. Therefore, long-term care can no longer be regarded solely as a matter o f social policy but increasingly as a derived legal category aimed at ensuring a dignified life, social inclusion, and the independence o f persons dependent on care and assistance.