14 ANDREJEVA v. LATVIA JUDGMENT ... (4) ... Welfare legislation, to which the impugned provision relates, is a specific field of human rights and, in constitutional laws of States and international humanrights instruments, is regarded as a general obligation of the State. The regulatory mechanism is left to the discretion of each State’s legislature. The exercise of social rights depends on the country’s economic situation and the resources available. Since the entry into force of the Pensions Act, all persons residing in Latvia, regardless of nationality, are entitled to a State pension [in respect of] social insurance, provided that they are socially insured and have paid insurance contributions for the requisite number of years. Paragraph 1 of the transitional provisions of the Pensions Act in its current wording was introduced in order to settle the issue of the reckoning ... of periods of employment prior to 1 January 1991 and periods treated as such in the new pension system. It should also be borne in mind that the impugned provision concerns only the category of persons who became entitled to a State pension from 1 January 1996. With regard to foreign nationals and stateless persons who were resident in Latvia on 1 January 1991, periods of employment within the territory of Latvia prior to that date are taken into account in calculating their pension, in the same way as for Latvian citizens. Accordingly, the Latvian State is responsible for the periods of employment in Latvian territory of all permanent residents of Latvia, regardless of nationality. The distinction made by the provision in issue is objectively justified by the nature and principles of the Latvian pension system. It cannot therefore be regarded as constituting discrimination within the meaning of the Constitution. ... The Constitutional Court considers that the question of aggregate periods of employment of foreign nationals and stateless persons outside Latvia before 1 January 1991 must be resolved by means of international agreements, and with due regard to the principles of fairness, proportionality, reciprocity and other general rules of law. ... The opinion of [the representative of] Parliament that Latvia should not assume the obligations of another State as regards the guarantee of a retirement pension for a period of employment in the territory of another State is well-founded. ...” 5. The State Pensions Act (new version) 38. In Laws of 20 October 2005 and 16 June 2008, which came into force on 1 January 2006 and 1 July 2008 respectively, Parliament amended a considerable number of the provisions of the State Pensions Act. The relevant paragraphs of the transitional provisions now read as follows:

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