THE FUNDAMENTAL RIGHT TO EDUCATION AND THE EXTENSION OF SURVIVORS BENEFITS FOR UNIVERSITY STUDENTS UP TO THE AGE OF 24 IN THE GENERAL SOCIAL SECURITY REGIME

Abstract

Social Security is one of disciplined by the Social Order instruments, initiated by the Government and society to ensure the rights to health, welfare and social assistance, with these subsystems that sitteth social security in order to provide welfare and social justice, safeguarding minimal inherent right to human dignity. This system is based on solidarity and is governed by constitutional principles that are characterized by generality, the example of the universality of coverage and service. Among the subsystems mentioned above by presenting this social security contributory and compulsory membership which covers all workers compulsorily contribute to the system, and they are owed benefits and services. Among these, the death pension which has as generating death is directed to the dependents of the insured for the maintenance of the family. Thus, given the ongoing discussions about the possibility of extending the pension for death for college students up to twenty-four, assuming age limit to complete higher education, the core of this paper is to examine and understand the obstacles to extend the age limit for dependent students, in order to meet their basic needs, especially educational need, in compliance with the constitutional principles of equality, fairness, human dignity and the realization of the fundamental right to education.