Article 151 TFEU

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):  
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.


2018 ◽  
Vol 9 (4) ◽  
pp. 329-345 ◽  
Author(s):  
Ane Aranguiz ◽  
Bartłomiej Bednarowicz

In times of the so-called gig economy, access to an adequate level of social protection should not depend on whether or not a person is working on a standard employment contract. Access to social protection for non-standard forms of labour and self-employment is, as a matter of fact, one of the main themes being discussed at the moment within the debates surrounding the European Pillar of Social Rights. This article aims at assessing the recent initiatives at the EU level that have the objective of ensuring access to social protection for all and both granting and enforcing transparent and predictable working conditions for workers. Accordingly, this contribution first sheds some light on the discussion on non-standard forms of labour and the problematics surrounding the emergence of new forms of labour to later analyse the new EU initiatives, in particular, the proposal for a Recommendation on access to social protection for workers and the self-employed. It concludes by welcoming the recent position of the EU with regard to such challenges, yet emphasising also the need to do more.


2021 ◽  
Vol 4 (4) ◽  
pp. 82-106
Author(s):  
Barbara Grandi

Although the social security legal perspective is usually associated within a national legal frame, international developing relations are giving increasingly the opportunity to consider social security as something not necessarily granted within the State. This is rising the matter of labor as a direct source of social security as well as the need to mind social legislation philosophically before then defining it legally. An interesting debate for the establishment of a higher level of social protection in Europe is that regarding the proposal for a EU Directive, a legal tool that would be binding on European member states, introducing a European minimum wage.


Author(s):  
Magnus Akerstrom ◽  
Linda Corin ◽  
Jonathan Severin ◽  
Ingibjörg H. Jonsdottir ◽  
Lisa Björk

Organisational-level interventions are recommended for decreasing sickness absence, but knowledge of the optimal design and implementation of such interventions is scarce. We collected data on working conditions, motivation, health, employee turnover, and sickness absence among participants in a large-scale organisational-level intervention comprising measures designed and implemented by line managers and their human resources partners (i.e., operational-level). Information regarding the process, including the implementation of measures, was retrieved from a separate process evaluation, and the intervention effects were investigated using mixed-effects models. Data from reference groups were used to separate the intervention effect from the effects of other concurrent changes at the workplace. Overall, working conditions and motivation improved during the study for both the intervention and reference groups, but an intervention effect was only seen for two of 13 evaluated survey items: clearness of objectives (p = 0.02) and motivation (p = 0.06). No changes were seen in employees’ perceived health, and there were no overall intervention effects on employee turnover or sickness absence. When using operational-level workplace interventions to improve working conditions and employees’ health, efforts must be made to achieve a high measure-to-challenge correspondence; that is, the implemented measures must be a good match to the problems that they are intended to address.


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.


CADMO ◽  
2009 ◽  
pp. 47-54
Author(s):  
Yulia Pererva

- Since 1997, the Council of Europe has supported a Project on Education for Democratic Citizenship and Human Rights (EDC/HRE) with the aim of complimenting its treaty related activities in the fields of Human and Social Rights. The article presents the programmes and the initiatives supported and developed by the Council of Europe both at an international and at the national levels as well as the most important adopted texts and publications. It outlines the principles on which partnership and networking are built by the Council of Europe in close cooperation with member states and other regional and international institutions.Keywords human rights education, education for democratic citizenship, international cooperation.


2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Tetiana Kondratiuk ◽  
Iryna Novoselska ◽  
Oksana Palelulko ◽  
Olena Shevchenko ◽  
Oksana Tsiupa

The article aims to carry out an economic and legal analysis of the main measures of social protection of the population of Ukraine in the context of the pandemic COVID-19. To achieve this goal it was: analyzed the concept of social protection and identify its tools; identified key regulations that determine the features of social protection in a pandemic COVID-19, compared the means of social protection of the Member States of the European Union; formulated concrete and substantiated proposals for improving the level of social protection of the population in the context of the COVID–19 pandemic.


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.


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