derived rights

URI: http://eige.europa.eu/taxonomy/term/1078

Definition

Derived rights, notably social security benefits or residence, are the rights that accrue to an individual but which originate from and depend on her or his relationship with another person, usually a relationship of parenthood, marriage or cohabitation.

Derived rights can be a crucial issue in the case of separation or divorce: to this end, some countries have introduced provisions on the splitting of pension rights. Survivors’ pensions are also an important resource for women, who have a higher life expectancy than men, and who may have given up their job to provide care and are therefore unable to qualify for pensions in their own right.

See also: individual rights

Source(s)

(1) European Commission (1998). 100 Words for Equality: A Glossary of Terms on Equality between Women and Men; (2) European Commission (2010). Direct and Indirect Gender Discrimination in Old-Age Pensions in 33 European Countries. European Network of Legal Experts in the Field of Gender Equality.

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