The Past and Future of Social Rights

2022 ◽  
pp. 308-326
Author(s):  
Philip Alston
Keyword(s):  
Social Rights ◽  
The Past

Soziale Disziplinierung im flexiblen Kapitalismus

2004 ◽  
Vol 34 (136) ◽  
pp. 339-356
Author(s):  
Tobias Wölfle ◽  
Oliver Schöller
Keyword(s):  
Social Welfare ◽  
Second Step ◽  
Social Rights ◽  
Federal Law ◽  
Capitalist Development ◽  
The Core ◽  
The Past ◽  
The Impact ◽  
Municipal Level

Under the term “Hilfe zur Arbeit” (aid for work) the federal law of social welfare subsumes all kinds of labour disciplining instruments. First, the paper shows the historical connection of welfare and labour disciplining mechanisms in the context of different periods within capitalist development. In a second step, against the background of historical experiences, we will analyse the trends of “Hilfe zur Arbeit” during the past two decades. It will be shown that by the rise of unemployment, the impact of labour disciplining aspects of “Hilfe zur Arbeit” has increased both on the federal and on the municipal level. For this reason the leverage of the liberal paradigm would take place even in the core of social rights.

scholarly journals The asymmetric evolution of the social case-law of the Court of Justice: new challenges in the context of the European pillar of social rights

2019 ◽  
Vol 3 (2) ◽  
pp. 4-19
Author(s):  
Luis Jimena Quesada
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Social Rights ◽  
Council Of Europe ◽  
The Past ◽  
Legal Provisions ◽  
The Social ◽  
Charter Of Fundamental Rights ◽  
New Framework ◽  
The Eu

The author highlights the paradoxical evolution of CJEU’s case-law in the field of social rights and how in the past, it has played a praetorian role in a context of implied powers and modest EU primary legal provisions whereas now, it is showing clear self-restraint under explicit competences and an evolved EU primary law [including the Charter of Fundamental Rights (CFREU)]. From this perspective, the author proposes the opening of the CJEU to the new framework of the European Pillar of Social Rights, as part of the broader Turin process for the European Social Charter, through positive judicial willingness (by taking into account the synergies between the EU and the Council of Europe – including the case-law from the European Committee of Social Rights).

scholarly journals Organising as a strategy to reach precarious and marginalised workers. A review of debates on the role of the political dimension and the dilemmas of representation and solidarity

2017 ◽  
Vol 23 (1) ◽  
pp. 31-46 ◽  
Author(s):  
Miguel Martínez Lucio ◽  
Stefania Marino ◽  
Heather Connolly
Keyword(s):  
Trade Unions ◽  
The Political ◽  
Social Rights ◽  
Political Dimension ◽  
Labour Movement ◽  
The Past ◽  
Highly Sensitive ◽  
Key Aspects ◽  
Vulnerable Workers

Organising as a trade union strategy has caught the imagination of the labour movement over the past 20 years or so. The vast possibilities of new forms of organising go hand in hand with concern about its highly constrained and sometimes hierarchical use. This article looks at key aspects of the debate, focusing on the question of how new forms of organising reach out to more vulnerable and precarious workers. Similar to other colleagues in the field, we conclude that there are political and organisational gaps in organising strategies and that new forms of organising can in some instances be bureaucratic and apolitical. Furthermore, it is important to extend our understanding of the role of trade unions in relation to the state, organised working class constituencies, and social rights, especially as, with regard to vulnerable workers and their organisations, questions of regulation are highly sensitive and challenging.

Social versus Political Rights

1986 ◽  
Vol 19 (2) ◽  
pp. 283-304 ◽  
Author(s):  
C. Michael MacMillan
Keyword(s):  
Human Rights ◽  
Social Rights ◽  
Past Century ◽  
Political Rights ◽  
The Past ◽  
Lively Debate

AbstractIn the past century, the notion of human rights has expanded significantly to include a variety of social rights. The introduction of this new category of human rights inspired a lively debate concerning the authenticity of such claims, focussing particularly on the ways in which social rights differ from political rights. This article examines the major points at issue in the debate. The important differences emphasized to date are those relating to costs, universality, and the correlativity of rights and duties. In each of these major areas of dispute, analysis indicates that the allegedly fundamental distinctions between social and political rights are in fact differences of degree, not of kind and, in fact, social rights conform both to the broad logic and the established practice of human rights.

scholarly journals PEMULIHAN (REPARATIONS) KORBAN PELANGGARAN BERAT HAK ASASI MANUSIA DI ARGENTINA DAN CILE

Asy-Syari ah ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 175-196
Author(s):  
Andrey Sujatmoko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rome Statute ◽  
State Responsibility ◽  
Human Rights Violations ◽  
Social Rights ◽  
Legal Obligation ◽  
Military Dictatorship ◽  
The Past ◽  
The Military

AbstractReparation is an integral part of state responsibility for the past of gross human rights violations committed in any country and it is also legal obligation under international law. Those violations have ever committed in Argentina (1976-1983) and Chile (1973-1990) during the military dictatorship regime. The applied method in this study is descriptive-analytic with historical approach to the reparation efforts for the victims of the past gross human rights violations in those countries. The author concludes that the characteristic of the gross human rights violations committed in Argentina and Chile can be categorized as crime against humanity based on the Rome Statute 1998. Reparations programs by fullfiling economic and social rights of the victims of gross human rights violations have been done by both countries as well.  Keywords: Reparation, Victim, Violation AbstrakPemulihan adalah bagian integral dari tanggung jawab negara atas pelanggaran berat HAM masa lalu yang terjadi di dalam suatu negara dan hal itu juga merupakan kewajiban hukum menurut hukum internasional. Pelanggaran-pelanggaran tersebut pernah terjadi di Argentina (1976-1983) dan Chile (1973-1990) selama rezim diktator militer berkuasa. Metode yang digunakan dalam kajian ini adalah deskriptif analitis dengan pendekatan historis terhadap upaya upaya-upaya pemulihan terhadap para korban pelanggaran berat HAM masa lalu di kedua negara tersebut. Penulis menyimpulkan bahwa karakteristik pelanggaran berat HAM yang terjadi di Argentina dan Cile dapat dikategorikan sebagai kejahatan terhadap kemanusiaan berdasarkan Statuta Roma 1998. Program-program pemulihan dengan memenuhi hak-hak ekonomi dan sosial dari para korban pelanggaran juga telah dilakukan oleh kedua negara itu. Kata Kunci: Pemulihan, Korban, Pelanggaran

Litigation and the consumer interest; the class action and beyond

Legal Studies ◽  
1982 ◽  
Vol 2 (2) ◽  
pp. 135-171 ◽  
Author(s):  
Richard H. S. Tur
Keyword(s):  
Class Action ◽  
Judicial System ◽  
Social Rights ◽  
Effective Protection ◽  
Consumer Interest ◽  
The Past ◽  
The Law ◽  
The Many

The enjoyment of traditional as well as new social rights presupposes mechanisms for their effective protection. Such protection, moreover, is best assured by a workable remedy within the framework of the judicial system.[M. Cappelletti]Acts and regulations are of little value unless they are observed. A major cause of consumer weakness in the past has lain in the inadequate enforcement of the many laws in his favour. [Molony Report, 1962, para. 869]The statute book bears eloquent testimony that the law has been regarded as an appropriate vehicle for protecting the consuming public. The Molony Report, 1962, has borne much legislative fruit and, 20 years later, enthusiasm for legislation in the consumer interest does not appear to be waning.

scholarly journals The Poor, the Unemployed and the Public Worker – A Comparative Essay on National Unemployment Policies Contribution to Deepening Poverty

2012 ◽  
Vol 12 (1) ◽  
pp. 123-140 ◽  
Author(s):  
Sara Hungler
Keyword(s):  
Forced Labor ◽  
Social Rights ◽  
Human Right ◽  
The Public ◽  
Work Program ◽  
Eu Member States ◽  
European Committee ◽  
The Past ◽  
Public Work ◽  
The Unemployed

Abstract The aim of this article is to discuss the relation between a state’s unemployment and social policies with an eye on rights and duties declared in the European Social Charter and the Revised European Social Charter. First a summary is given to major international human right instruments’ approach to forced labor in connection with public work programs, followed by an introduction to Article 1(2) of the European Social Charter and its interpretation by the European Committee of Social Rights. This section will also give a short comparative analysis on the unemployment policies of selected EU Member States. The second half of the article is dedicated to the past and present of the Hungarian public work program and its critical analysis.

From Here and There

2018 ◽  
Author(s):  
Alexandra Délano Alonso
Keyword(s):  
Social Services ◽  
Latin American ◽  
Well Being ◽  
The United States ◽  
Social Rights ◽  
Community Members ◽  
Bank Account ◽  
The Past ◽  
State Accountability ◽  
The Government

Assistance for immigrants to learn English, receive health services, open a bank account, apply for naturalization, or get a work certification is generally considered the responsibility of the government and society of the country where they reside, as part of the process of supporting their integration and ultimately their formal acquisition of citizenship. But in the past two decades, Mexico and other countries of origin of Latin American migrants in the United States have increasingly taken part in these activities through their consular representations, with the stated goal of addressing the needs and protecting the rights of precarious status migrants. These diaspora policies—focused on the provision of social services for emigrants in their country of destination as a way to support their well-being and access to opportunities to participate as community members in the places where they live—are one of the clearest manifestations of the reconceptualization of the boundaries of citizenship and the rights and obligations that come with it. These cases reveal how origin countries can play an important role in providing resources to support migrants’ access to social rights in the country of destination, an area of migration governance that is rarely discussed as a space for collaboration between governments, civil society, migrants, and international institutions. At the same time, the expansion of rights across borders offers an opportunity to re-examine questions of state accountability and responsibility regarding the causes of emigration as well as the protection of rights for returning migrants.

A Common European Identity for European Citizenship?

2014 ◽  
Vol 15 (5) ◽  
pp. 765-775 ◽  
Author(s):  
Andreas Follesdal
Keyword(s):  
Human Rights ◽  
Best Interests ◽  
Social Rights ◽  
European Identity ◽  
Political Rights ◽  
National Elections ◽  
The Past ◽  
European Citizenship ◽  
European Crisis ◽  
The Relationship

Over the past two decades, authors, many of whom are included in this volume, have addressed several salient foundational issues concerning citizenship in Europe. Others in this volume address some of these issues—such as the relationship between national and European citizenship regarded as multilevel (Rainer Baubock and Ulf Bernitz), the relationship between citizenship and legal human rights (Samantha Besson), the relationship between citizenship and political rights in particular (Agustin Menendez and Jo Shaw), and citizenship and social rights (Stefano Giuboni).This essay elaborates on the need for shared values among those who share citizenship in Europe, as either citizens of Member States engaged in multilevel governance or as Union citizens. The European crisis has increased the call for such values, and also shows that people contest these values. The issues include: What is the responsible exercise of political rights in national elections with repercussions for EU governance, how to trust authorities at all levels concerning human rights, the extent of cross-border solidarity at the risk of free-riders, and the trust that the political and legal order will remain responsive to the best interests of all affected.

The Consequences of Welfare Reform: How Conceptions of Social Rights are Changing

1998 ◽  
Vol 27 (1) ◽  
pp. 1-16 ◽  
Author(s):  
ROBERT HENRY COX
Keyword(s):  
Welfare State ◽  
Welfare Reform ◽  
Pension Reform ◽  
Individual Responsibility ◽  
Social Rights ◽  
Relative Power ◽  
The Past ◽  
Welfare Reforms ◽  
The Welfare State

The idea of the welfare state is commonly grounded in the principles of social rights, universality and solidarity. Over the past twenty years, welfare reforms have challenged the salience of this conceptualisation. This article argues that changes such as austerity measures, pension reform, administrative decentralisation and efforts to revive the obligation of citizenship have fostered a more discursive conception of social rights. When rights are discursive, the relative power of various clientele interests plays a greater role in the distribution of benefits than objective conditions of need. Also, such notions as universality and solidarity are giving way to selectivity and individual responsibility as the paramount principles of the welfare state.

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