Migration and Social Protection: Claiming Social Rights Beyond Borders

2012 ◽  
Vol 48 (4) ◽  
pp. 586-587
Author(s):  
Theophilus Ejorh
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Markus Kaltenborn

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.


2019 ◽  
Vol 5 (5) ◽  
pp. 906-936
Author(s):  
Fernando da Cruz Souza ◽  
Nelson Russo de Moraes

A austeridade permanente e a disputa de quem ganha o quê, quando e como, lógica intrínseca às políticas públicas, colocam as políticas sociais brasileiras em constantes testes. O universalismo tentativo iniciado com a Constituição de 1988 pareceu caminhar para uma ampliação da cidadania social no país, mas tem sofrido constantes ataques por falta de um compromisso de classes em torno de um projeto de país mais ou menos homogêneo. Diante dessa falta de precisão no estabelecimento Estado de Bem-estar brasileiro, em especial, pelo encolhimento no investimento público previsto para os próximos anos e com os governos mais alinhados a maior mercadorização dos serviços sociais, torna-se importante revisitar a trajetória do Welfare State em suas origens e objetivos, a fim de compreender como chegamos até aqui, o que podemos esperar do futuro e quais a intervenções necessárias para que nos aproximemos de uma inclusão sensível do grande contingente de pessoas ainda sujeitas a uma cidadania de segunda classe no Brasil. Para atender a esse objetivo, este trabalho realizou uma revisão bibliográfica convencional sobre o Estado de Bem-Estar Social, elencando a partir dela as razões históricas de seu surgimento, a tipologia de Esping-Andersen, a noção de funcionamentos e capacitações de Amartya Sen e os períodos constitutivos do bem-estar no Brasil.   PALAVRAS-CHAVE: Proteção social. Desenvolvimento. Direitos sociais.     ABSTRACT The permanent austerity and the dispute over who wins what, when and how, logic intrinsic to public policies, puts Brazilian social policies in constant tests. The tentative universalism that began with the 1988 Constitution seemed to be heading for a broadening of social citizenship in the country, but it has been under constant attack for the lack of a class compromise around a homogeneous country project. Given this lack of precision in the establishment of the Brazilian Welfare State due to the shrinking public investment expected in the coming years and with the governments most aligned to the greater commodification of social services, it is important to revisit the trajectory of the Welfare State in its origins and objectives, in order to understand how far we have come, what we can expect from the future and what interventions are needed to bring us closer to a sensitive inclusion of the large contingent of people still subject to second class citizenship in Brazil. To meet this objective, this paper has carried out a conventional bibliographical review of the Welfare State, listing from it the historical reasons for its emergence, Esping-Andersen's typology, Amartya Sen's notion of functioning and capabilities and the constitutive periods of welfare in Brazil.   KEYWORDS: Social protection. Development. Social rights.     RESUMEN La austeridad permanente y la disputa sobre quién gana qué, cuándo y cómo, la lógica intrínseca a las políticas públicas, pone a las políticas sociales brasileñas en pruebas constantes. El tentativo universalismo que comenzó con la Constitución de 1988 parecía dirigirse a una ampliación de la ciudadanía social en el país, pero ha estado bajo ataque constante por la falta de un compromiso de clase en torno a un proyecto de país más o menos homogéneo. Dada esta falta de precisión en el establecimiento del Estado de bienestar brasileño, en particular, debido a la reducción de la inversión pública esperada en los próximos años y con los gobiernos más alineados con la mayor mercantilización de los servicios sociales, es importante revisar la trayectoria del Estado de bienestar en sus orígenes y objetivos, para comprender cómo hemos llegado hasta ahora, qué podemos esperar del futuro y qué intervenciones son necesarias para acercarnos a una inclusión sensible del gran contingente de personas aún sujetas a una ciudadanía de segunda clase en Brasil. Para cumplir con este objetivo, este documento ha llevado a cabo una revisión bibliográfica convencional del Estado del Bienestar, enumerando de él las razones históricas de su surgimiento, la tipología de Esping-Andersen, la noción de funcionamiento y capacidadess de Amartya Sen, y períodos constitutivos de bienestar en Brasil.   PALABRAS CLAVE: Protección social. Desarrollo. Derechos sociales.  


Author(s):  
Mykhailo Shumylo

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.


Author(s):  
Maciej Kucharczyk

AbstractThe European Pillar of Social Rights is about delivering new and more effective rights for Europeans. It builds upon 20 key principles, structured around three categories: equal opportunities and access to the labour market; fair working conditions; and social protection and inclusion. Directly relevant to older people, the Pillar has the potential to address the multidimensionality of exclusion in later life from a rights-based perspective – for example, by enhancing the rights to quality and affordable health and long-term care, to adequate pensions to live in dignity, to age-friendly working conditions and an inclusive labour market, or to access goods and services. Despite these valuable elements, there remains significant uncertainly around how the Pillar will achieve this and what kind of implemental actions might emerge across member states. This chapter analyses the potential of the European Pillar to address social exclusion of older people in Europe, the challenges that might impede its efforts, and the measures necessary to overcome such challenges.


Author(s):  
Sacha Garben

Article 136 EC The Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.


Author(s):  
Bruno de Witte

This chapter retraces the post-enlargement trajectory of the protection of fundamental social rights in Europe. The chapter selects three years that signpost this trajectory: 2000, when the EU’s Charter of Fundamental Rights was adopted, with the inclusion of a social rights chapter; 2009, when the Lisbon Treaty seemed to contain a renewed promise of social progress in the Union; and 2017, when the European Union launched a European Pillar of Social Rights, as part of an effort to revitalize the social protection agenda of the European Union after the disappointing post-Lisbon years.


Author(s):  
Rilke Mahieu

AbstractThis chapter sheds light on the ways in which Morocco, country of origin of a five million expatriate population centered in Europe, promotes the social protection of its expatriate citizens. Within Moroccan diaspora policies, which are long-standing, extensive and promoted by a range of diaspora institutions, the social protection of nationals abroad does not take a central position. Rather, Moroccan diaspora policies prioritize the mobilization of expatriate human and financial capital for Moroccan development interests. However, a number of initiatives have been taken to facilitate non-resident citizens’ access to social rights, such as the conclusion of bilateral conventions with major destination countries and the creation of social programs by Moroccan diaspora institutions.


2018 ◽  
Vol 13 (4) ◽  
pp. 1257-1275
Author(s):  
Ruxandra Argatu

Abstract Poverty and social exclusion are nowadays widely debated phenomena as they present highly threatening consequences for the wellbeing of humanity, making it unable to reach adequate living standards and to fully exercise social rights. To alleviate imbalances, adequate programs need to be put into place and for this process to be efficient, coherence and commitment must constitute elementary values to advance social welfare. Social enterprises can also contribute with their value creating potential to the fostering of a sustainable society that places a high emphasis on the defense of vulnerable groups and offers them an equitable treatment. The present paper firstly aims to illustrate conceptual elements referring to poverty, social exclusion and the social protection of marginalized groups. Secondly, the study is complemented by a research on Romanian social enterprises’ perspective (associations, foundations and sheltered units) concerning social threats and the defense of less favored individuals, undertaken through a questionnaire-based survey. The research unveils the social enterprises’ belief that the Romanian social field needs substantial attention from policymakers and that social protection services can aid them in gaining social privileges more adequately.


2019 ◽  
Vol 34 (s1) ◽  
pp. s94-s95
Author(s):  
Maria Isabel Barros Bellini ◽  
Rodollfo de Bellini e Soares

Introduction:Brazil has 200 million descendants of African, Portuguese, Indigenous, German, Italian, and other peoples who have built their identities. The Federal Constitution was rewritten in 1988 to include a Social Protection System. Between 2000 and 2016, the federal government was governed by the Workers’ Party. This party invested in the creation of inclusive public policies and affirmative actions built through collective processes of citizenship that guaranteed better living conditions for the population. In one decade, it went from being underdeveloped to developing. In 2016, the elected president of the Workers’ Party was withdrawn from power through impeachment. In the next election, right-wing conservatives excluded speech, attacked minorities (e.g. LGBT population), and defended the traditional family.Aim:To understand the retreat of Brazilian public policies in a country that set public social policies, compensatory policies, and affirmative actions guaranteeing citizenship of men and women.Methods:Qualitative research with analysis and reflection on the regression of universalist public policies and affirmative policies with the creation of quotas.Results:The creation of affirmative actions was guaranteed. Vacancies in public tenders for the black population led to the establishment of 50% quotas for blacks in universities, and the creation of a universal health system, or universal expanded health indicators. The federal government created a group of SUS analysis by reducing actions.Discussion:Social inequality in Brazil is one of the worst in the world. 16 million people live below the poverty line (OXFAM, 2017). In recent decades, the population that was expanding and strengthening access to services, health, education, and social assistance network has seen a reduction of public policies. The importance of research that points to this reduction of rights is fundamental for documenting what has already been achieved.


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