Free Movement of Persons and Social Security : Gender Implications of EC Regulation 1408/71

Abstract: The application of Regulation 1408/71 establishing a system of co-ordination of social security within the framework of the European Community is based on two criteria: economic activity and family/marriage. Work interruptions challenge the invocation of economic activity as an effective basis for social security rights. Changed family conditions including the emergence of cohabitation without marriage and registered partnerships, as well as the increase in divorce rates, challenge the criterion of marriage. This thesis focuses on work interruptions and changed family conditions, in particular the issue of the application of Reg. 1408/71 in cases of work interruption because of child-rearing; work interruption because of family-related migration; and the absence of marriage as a consequence of changed family conditions. All these situations have gender implications.The aim of this thesis is to determine whether, and to what extent, Regulation 1408/71 is applicable in these situations and the problems and complications concerning its application that are likely to arise. In order to achieve this aim, certain segments of Regulation 1408/71 were chosen for examination and certain questions posed. These refer to the personal scope provisions of Reg. 1408/71 as well as to its provisions concerning the co-ordination principles such as aggregation, exportability and the non-overlapping of benefits. The findings of this thesis suggest that Regulation 1408/71 is not satisfactorily adjusted to the situations of work interruption and/or absence of marriage. It is argued that the insufficiency of the fundamental concepts and principles of the Regulation and the complications occurring concerning the application of these principles may jeopardise the social security rights of migrant workers interrupting work because of child-rearing or family-related migration. The gaps as well as certain unexpected effects of Regulation 1408/71 may jeopardise the social security rights of persons not fulfilling the criterion of marriage.