scholarly journals Migrants’ Access to Social Protection in Croatia

2020 ◽  
pp. 81-94
Author(s):  
Helga Špadina
Keyword(s):  
Social Protection ◽  
Social Rights ◽  
Unemployment Benefits ◽  
Pension Insurance ◽  
Welfare Benefits ◽  
The Social ◽  
Depth Analysis ◽  
Family Benefits ◽  
The Right ◽  
The Eu

Abstract This chapter focuses on migrants’ access to social protection in Croatia by providing an in-depth analysis of social entitlements in the area of family benefits, pension insurance, unemployment benefits, health care and social welfare benefits. By highlighting the partial harmonization of the national social legislation to the EU acquis, the chapter puts forward the still limited scope of social rights of EU nationals, even several years after Croatia’s accession to the EU. Non-EU nationals have even more limited access to social rights, and they do not enjoy the full scope of family benefits, the right to social housing or other specific social rights, including unemployment benefits and contributory pensions. The chapter also sheds light to on-going discussions on reform of the social system in Croatia, with possible changes of the entitlement to the national pension and family benefits reform.

scholarly journals Migration and Access to Welfare Benefits in the EU: The Interplay between Residence and Nationality

2020 ◽  
pp. 1-32
Author(s):  
Daniela Vintila ◽  
Jean-Michel Lafleur
Keyword(s):  
Social Protection ◽  
Analytical Framework ◽  
Welfare Regimes ◽  
Welfare Benefits ◽  
Migration History ◽  
The Social ◽  
History Of ◽  
Societal Dynamics ◽  
Social Protection Systems ◽  
The Eu

Abstract Increasing mobility to and from European Union (EU) countries has started to challenge the principles of territoriality and national citizenship through which European democracies traditionally conditioned access to social benefits. Existing typologies of immigrant social protection regimes do not seem to adequately capture (nor explain) the diverse repertoire of policy configurations through which European welfare regimes adapt to migration-driven societal dynamics. This introductory chapter provides a critical reflection on the link between migration and access to welfare in the EU. In doing so, it aims to propose a comprehensive analytical framework that allows for a systematic comparison of the inclusiveness of social protection systems towards mobile individuals. We argue that states’ responsiveness towards the social protection needs of their immigrant and emigrant populations has to be examined through a combination of factors, including the characteristics of these populations, the migration history of these countries, as well as the main features of their welfare state.

The role and limits of European social security coordination in guaranteeing migrants social benefits

2020 ◽  
Vol 22 (4) ◽  
pp. 390-402
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Equal Treatment ◽  
Social Benefits ◽  
Policy Objective ◽  
The Social ◽  
Coordination System ◽  
The Right ◽  
Waiting Periods ◽  
The Eu

This article examines whether the EU social security coordination Regulations 883/2004 and 987/2009 contribute or fail to contribute to the EU policy objective of guaranteeing adequate social protection and fighting against poverty as set by Article 9 TFEU. Even if this coordination system does not directly interfere with the social protection systems of the Member States, it plays an important role in preventing persons who use the right to free movement within the EU from ending up in a situation in which they would lose entitlement to social benefits because of their migration. In analysing this issue I will concentrate on the role of the underlying general principles of this coordination, more specifically, on the rules for the determination of the applicable legislation, the principle of equal treatment, the export of benefits and the aggregation of periods. I will also elaborate on a number of examples where this coordination system fails to prevent the loss of entitlement to social benefits, such as the position of workers in non-standard forms of work, the limited rights of economically inactive migrants, the recent introduction of waiting periods for newcomers, and situations in which the migrants risk falling between two stools. I will conclude with the notion of fairness.

scholarly journals Przeciwdziałanie ubóstwu dzieci i młodzieży w Unii Europejskiej. Między planowaniem a działaniem

2018 ◽  
Vol 43 (4) ◽  
pp. 96-104
Author(s):  
Katarzyna Białobrzeska
Keyword(s):  
Child Poverty ◽  
Early Years ◽  
Social Rights ◽  
The European Union ◽  
Social Investment ◽  
Childhood Education ◽  
The Social ◽  
Education And Care ◽  
The Right ◽  
The Eu

The aim of the article is to examine whether the member states of the European Union guarantee children in poverty the right to specific means of equal opportunities as guaranteed by the European pillar of social rights. A strategy for counteracting poverty based on the A. Giddens’s concept of the ‘social investment state’ was created in the EU. According to this concept, the state should support most of all these social groups which guarantee the highest social advantages. Following this idea, the union strategy for fighting poverty emphasizes the necessity of investing in children from early years of their lives. According to the social investment paradigm adopted by the European Commission, a crucial role in strategies for counteracting child poverty plays early childhood education and care.

Between entrepreneurs and workers: Cleavages and compromises in rationales and policy solutions regarding ‘dependent contractors’

2021 ◽  
pp. 0143831X2110303
Author(s):  
Louis Florin ◽  
François Pichault
Keyword(s):  
Social Protection ◽  
Policy Framework ◽  
Policy Documents ◽  
The Social ◽  
Political Narratives ◽  
Social Partners ◽  
Narrative Policy Framework ◽  
Policy Solutions ◽  
The Eu ◽  
Labour Regulation

The emergence of dependent contractors challenges the existing institutions regarding social protection and labour regulation. This article aims at identifying the political narratives that explain the emergence of New Forms of Employment (NFE) and dependent contracting along with the policy solutions proposed by the social partners at the EU and international level. By analysing policy documents from the social partners through the lens of a qualitative version of the Narrative Policy Framework (NPF), the authors indentify two distinct narratives – ‘devaluation of work’ and ‘entrepreneurship and flexibility’. The authors show how these rationales lead to various policy solutions and identify oppositions and possible compromise.

Overcoming Extreme Poverty by Social Protection Floors – Approaches to Closing the Right to Social Security Gap

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Markus Kaltenborn
Keyword(s):  
Sustainable Development ◽  
Social Security ◽  
Development Policy ◽  
Social Transformation ◽  
Social Protection ◽  
Social Rights ◽  
Extreme Poverty ◽  
The Right ◽  
Security Guarantees ◽  
Security Gap

AbstractThe 2030 Agenda for Sustainable Development contains a very ambitious poverty reduction schedule: According to Sustainable Development Goal 1 extreme poverty shall be completely eradicated within the next 15 years (SDG 1.1), and also other forms of poverty shall be reduced within the same period at least by half the proportion of men, women and children of all ages (SDG 1.2). Governments are requested to “(i)mplement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable” (SDG 1.3). The authors of the Agenda refer to the concept of so-called social protection floors which has been identified as an important instrument in the fight against extreme poverty and therefore has attracted much attention in recent development policy debates. In June 2012 the General Conference of the International Labour Organization (ILO) had adopted the Social Protection Floors Recommendation. In this document ILO members are urged, as a first step, to establish basic social security guarantees, including access to essential health care and basic income security for all residents of their countries and, as a second step, to systematically extend these basic social security guarantees into more comprehensive strategies. If we look for legal answers to the global challenge of extreme poverty, then social protection law – and in particular the human right to social security – deserves special attention. Based on the research framework which has been presented by Haglund and Stryker in their book Closing the Rights Gap. From Human Rights to Social Transformation (2015) this article will try to analyze which role the legal systems in the Global South will play in implementing SDG 1 at the national level and in closing the “right to social security-gap”. Haglund and Stryker describe, inter alia, two models for social rights realization which represent alternative approaches to the MDG/SDG concept: (a) the so-called multistage spiral model whose main focus lies on the different phases which new norms have to go through when they are implemented in a state’s society, and (b) the “policy legalization model” which highlights the role of litigation in ensuring social rights compliance. Furthermore the article will deal with the responsibility of the international community in this area of development policy.

scholarly journals Worlds of welfare collide

2017 ◽  
Vol 19 (1) ◽  
pp. 21-44
Author(s):  
Gráinne McKeever ◽  
Mark Simpson
Keyword(s):  
Social Insurance ◽  
Social Protection ◽  
Conservative System ◽  
Unemployment Benefit ◽  
Unemployment Benefits ◽  
Social Democratic ◽  
Asymmetric Shocks ◽  
The Uk ◽  
Operational Issues ◽  
The Eu

The post-2007 financial crisis has brought renewed interest in a European Unemployment Benefit Scheme (EUBS) as a manifestation of solidarity between citizens of different Member States and an economic stabiliser in the event of future asymmetric shocks. The EU-wide benefit would operate in tandem with existing national unemployment benefits. This creates challenges of compatibility given the diversity of approaches to social security within the Union, based on at least four philosophies of welfare: liberal, conservative, social democratic and southern European. This article examines potential legal, operational and political difficulties associated with marrying a EUBS that is at heart a conservative system of social insurance to the UK’s liberal welfare state. Few legal obstacles exist and although the addition of a new, earnings-related benefit to an already complex mix of social protection would raise significant operational issues, these need not be insurmountable. However, fundamental ideological differences would have rendered the EUBS as proposed politically ill-matched with the UK even absent the June 2016 vote to leave the EU. A contributory income maintenance benefit is a poor fit with a residual, largely means-tested national system whose role is limited to offering protection against severe poverty while maintaining work incentives and minimising costs.

A Study on the Social Rights of Female-Headed Single Parent with a Focus on the Right to Work and Care

2021 ◽  
Vol 37 (1) ◽  
pp. 75-115
Author(s):  
Soo Jung Jang ◽  
Kyungheun Baek ◽  
Byoung-Inn Kim ◽  
Hyejung Lee ◽  
Jin Bhang Oh
Keyword(s):  
Single Parent ◽  
Social Rights ◽  
Right To Work ◽  
The Social ◽  
The Right

Theories of the food insecurity ‘problem’ and the right to food ‘solution’

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Food Insecurity ◽  
Food Systems ◽  
Social Protection ◽  
Social Acceptability ◽  
Human Right ◽  
Right To Food ◽  
The Social ◽  
Definition Of ◽  
The Right ◽  
Sufficient Food

Chapter 3 sets out the key theories with which the book engages: food insecurity and the human right to food. Following on from a conceptualisation and definition of food insecurity, the right to food is introduced. Emphasis is placed on normative element of ‘adequacy and sustainability of food availability and access’ and on the state’s obligation to ‘respect, protect and fulfil the right to food’. Theories of ‘othering’ and ‘agency’ are employed to assess the social acceptability of emergency food systems as a means of acquiring food, and the power of providers to make sufficient food available through these systems and of potential recipients to access it. Theories of ‘care’ and ‘social protection’ are employed to explore the ways in which charitable providers are in practice taking responsibility for the duty to respect, protect and fulfil the right to food and how shifts in welfare policy are affecting need for this provision.

scholarly journals The social doctrine of the catholic church as a foundation for the emergence of the legal regulation in the area of social protection in Europe

2020 ◽  
pp. 353-357
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Human Rights ◽  
Welfare State ◽  
Catholic Church ◽  
Social Protection ◽  
Legal Regulation ◽  
Social Rights ◽  
Holy See ◽  
Social Doctrine ◽  
The Social ◽  
The Catholic Church

The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.

scholarly journals Reliance on long-term care as a “new” social risk in national and EU law

2020 ◽  
Vol 123 ◽  
pp. 87-101
Author(s):  
Grega Strban ◽  
Sara Bagari
Keyword(s):  
Life Expectancy ◽  
Social Protection ◽  
Long Term Care ◽  
Social Risk ◽  
Eu Law ◽  
Term Care ◽  
The Social ◽  
Different Parts ◽  
The Eu

There have always been people who cannot take care of their daily needs and are reliant on care. However, due to higher life expectancy and low birth rates, changes in lifestyle and increased mobility, reliance on long-term care is becoming a general risk in life. Therefore, it must be provided with social protection. In this respect, the criteria for shaping the (new) social risk of reliance on long-term care are also fulfilled. Although different benefits are already provided within different parts of the social security system, the paper discusses that the best option is to define reliance on long-term care as an independent social risk. Furthermore, we must ensure that providing long-term care will not turn out to be a double social risk. The issue has to be addressed at the national and at the EU level.

Sign in / Sign up

Export Citation Format

Share Document