Constitutional Guarantees of Child Welfare

10.12737/7543 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Елена Азарова ◽  
YElyena Azarova
Keyword(s):  
Social Security ◽  
Welfare State ◽  
Well Being ◽  
Legal Regulation ◽  
International Standards ◽  
Family Responsibilities ◽  
Historical Continuity ◽  
The People ◽  
Decent Life ◽  
Free Development

The legal sciences should explain constitutional requirements to the legal regulation of law branches. In the article the requirements to social security of children (as well as under-age children) are researched. The most important guarantee of children social rights is the acknowledgement the Russia as a welfare state, which policy is aimed to create conditions for decent life and free development of human being. In view of the historical continuity and in the interests of future generations, safekeeping of the country and saving of the people, Russia can and have to be the genuine welfare state. The international standards of social security and its level need to be implement into the federal legislation more completely. The age is the ground for not only the older persons social security but children as well. So it should be provided to each child at required and sufficient level. The constitutional guarantee of social security for children upbringing supposed to provide the needed benefits for parents taking care of children. In order to increase the well-being of children and the quality of their social security, the wages of the persons with family responsibilities should be increased. Although the issues of economic development and civil society have not been settled enough in the Constitution, it is not an absolute obstacle for progressive social and economical development of the country and legal provision of needed social guarantees to each Russian child.

scholarly journals DIGITALIZATION OF SOCIAL AND LABOR RELATIONS IN A CHANGING WORLD: COMPARATIVE LEGAL ANALYSIS

2020 ◽  
Vol 6 (4) ◽  
pp. 192-213
Author(s):  
Yulia V. Ivanchina ◽  
Yelena A. Istomina
Keyword(s):  
Quality Of Life ◽  
Social Security ◽  
Comparative Method ◽  
Legal Regulation ◽  
Work And Family ◽  
Private Life ◽  
International Standards ◽  
Family Responsibilities ◽  
Coronavirus Infection

The onset of the information society and the digital economy is a natural stage in the development of any state. Informatization of all spheres of social life actualizes the issues of research of already established social relations and their legal regulation, taking into account a new element — their digital support. Employment relationships, as well as social security relationships, are no exception in terms of digital penetration. Labor legislation and legislation on social security, being independent, are often implemented in a systemic relationship, since they are aimed at ensuring the quality of life of individuals. This relationship affects a variety of aspects: employment, the combination (balance) of work and family responsibilities, as well as private life and health care. This determines the potential for a comprehensive analysis of the labor and social rights of citizens in the context of digitalization. The importance of such studies is all the more obvious because, in the context of the spread of the new coronavirus infection, the restrictions imposed, including social distancing, made it impossible, for many, both to carry out work activities and to apply for and receive social benefits. The preservation of the quality of life of the population of this state largely depends on the extent to which the state’s reaction, expressed externally in the form of adopted regulatory legal acts, corresponds to the current situation and helps to solve emerging problems. This article, based on the comparative method of scientific research, shows the development of remote work in Russia and in foreign countries. The importance of information, information technologies and systems in the field of social security is analyzed. The spread of the new coronavirus infection has affected the whole world, and the experience of legal regulation, developed in states with different levels of development, can, taking into account its interpretation, be applied to a certain extent in Russian conditions. In addition, the article emphasizes that the law of any state should be oriented towards international standards in the relevant area.

scholarly journals KONSEP WELLFARE STATE DI INDONEISA

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi
Keyword(s):  
Social Security ◽  
Welfare State ◽  
Social Services ◽  
The State ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
Market Economy System ◽  
Economy System

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 

scholarly journals U-25 Salient Features of Social Security of Islam

2020 ◽  
Vol 4 (1) ◽  
pp. 357-378
Author(s):  
Hafiz Abdul Rauf ◽  
Muhammad Adnan Saddique
Keyword(s):  
Social Security ◽  
Basic Needs ◽  
Well Being ◽  
The State ◽  
Fundamental Rights ◽  
Islamic State ◽  
The People ◽  
Personal Rights ◽  
The World ◽  
Public Rights

Islam is the religion of welfare and well-being of the people as well as reformation and uplift of the society. It not only gives its followers some beliefs and convictions, but it also makes them aware of all those fundamental tenets of life, adopting which, an Islamic state can build a peaceful society. Islam gives due care not only to men but to animals and birds as well. What to speak of services to the helpless, it even regards provisions to hungry and the thirsty animals a great source of salvation in the World Hereafter. Public rights (haquq-ul-Ibaad), personal rights, good morals and generosity are a big part of Islamic commandments. Even the person who does not help others is regarded not a Muslim in the eyes of Islam. Islam makes it obligatory to every Man of Source to be conscious about the rights of other people living around him. An Islamic state consists of both Muslims and non-Muslims alike. Every person, whether he is Muslim or non-Muslim, living in the state, deserves his fundamental rights. Even the state is bound to provide them the basic necessities of life including food, boarding, education, clothing, cure and justice. All this is emphasized in Quran and Hadith. When the Holy Prophet (PBHU) migrated to Madina, he, first of all, laid the foundation of first Islamic state. Having reached there, the first problem he faced was the problem of the housing, food and cure of the migrants (Muhajir), as the migrants had left all their belongings back in Makkah. They had no sources with them in Madina. The Holy Prophet (PBHU) persuaded the locals (Insaar), so that the locals managed for the basic needs of migrants, and thus resolved these issues. The Holy Prophet (PBUH) introduced such a system of assistance that none was helpless in the state.

scholarly journals GOODBYE JUSTICE, HELLO HAPPINESS: WELCOMING POSITIVE PSYCHOLOGY TO THE LAW

2005 ◽  
Vol 10 (1) ◽  
pp. 1-26 ◽  
Author(s):  
MIRKO BAGARIC ◽  
JAMES MCCONVILL
Keyword(s):  
General Rule ◽  
Well Being ◽  
Legal Regulation ◽  
Human Condition ◽  
Legal Rules ◽  
Legal Standards ◽  
The People ◽  
Human Happiness ◽  
Rules And Principles ◽  
The Law

[Legal regulation is the most coercive and effective behaviour modifying tool in our community. As a general rule, law relates to the areas of human activ- ity which are viewed as important to the human condition. It follows that the content of the law; that is, legal rules and principles, are central to human happiness. This is not controversial. Laws are purposeful. This is a point that has always been recognised implicitly or expressly by law-makers, phi- losophers, lawyers and the community at large. This is reflected in the fact the people evaluate and critique legal standards. There are supposedly `good' laws, `bad' laws and many in the middle. While we all agree that law is purposeful, there has been intense debate over the centuries regarding the appropriate ends of law. Most forcefully it has been argued that the ultimate ends of the law, the benchmark against legal systems and laws should be evaluated, is the notion of justice. Laws are also often benchmarked on the basis of economic criteria. This paper contends that such standards are flawed benchmarks for evaluating the legal system. In the normal scheme of things, law should be evaluated by one criterion: its capacity to promote human well-being (or happiness).  

scholarly journals Konsep dan Desain Negara Kesejahteraan (Welfare State)

2017 ◽  
Vol 2 (1) ◽  
pp. 103
Author(s):  
Oman Sukmana
Keyword(s):  
Welfare State ◽  
Market Failure ◽  
Industrial Relations ◽  
Well Being ◽  
State Failure ◽  
Social Citizenship ◽  
The People ◽  
Failure State ◽  
Cash Benefits ◽  
Modern Mass

AbstrakNegara kesejahteraan (welfare state) dianggap sebagai jawaban yang paling tepat atas bentuk keterlibatan negara dalam memajukan kesejahteraan rakyat. Keyakinan ini diperkuat oleh munculnya kenyataan empiris mengenai kegagalan pasar (market failure) dan kegagalan negara (state failure) dalam meningkatkan kesejahteraan rakyat. Menurut Goodin (1999; dalam Simarmata, 2008: 19) negara kesejahteraan sering diasosiasikan dengan proses distribusi sumber daya yang ada kepada publik, baik secara tunai maupun dalam bentuk tertentu (cash benefits or benefits in kind). Konsep kesejahteraan juga terkait erat dengan kebijakan sosial-ekonomi yang berupaya untuk mewujudkan kesejahteraan rakyat secara umum. Beberapa bidang yang paling mendesak untuk diperhatikan dalam kebijakan kesejahteraan adalah masalah pendidikan, kesehatan dan penyediaan lapangan kerja. Secara umum suatu negara bisa digolongkan sebagai negara kesejahteraan jika mempunyai empat pilar utamanya, yaitu: (1) social citizenship; (2) full democracy; (3) modern industrial relation systems; dan (4) rights to education and the expansion of modern mass educations systemsKata kunci : negara kesejahteraan, kegagalan pasar, kegagalan negara AbstractWelfare state is considered as the most appropriate response on the form of state involvement in advancing the welfare of the people. This belief was reinforced by the emergence of empirical facts about the failure of the market (market failure) and the failure of the state (state failure) in improving people's welfare. According to Goodin (1999; in Simarmata, 2008: 19) the welfare state is often associated with the distribution of existing resources to the public, either in cash or in the form of certain (cash benefits or benefits in kind). The concept of well-being are closely linked to socio-economic policy of working to realize the people's welfare in general. Some of the most urgent areas for attention in welfare policy is a matter of education, health and employment. In general, a country can be classified as a welfare state if it has four main pillars, namely: (1) social citizenship; (2) full democracy; (3) modern industrial relations systems; and (4) the rights to education and the expansion of modern mass Educations systems.Keywords : market failure, state failure, welfare state

The right of persons with family responsibilities to social protection: world experience

2020 ◽  
pp. 76-81
Author(s):  
Maria Sokhan
Keyword(s):  
Women Workers ◽  
Social Security ◽  
Social Protection ◽  
The State ◽  
International Standards ◽  
Family Responsibilities ◽  
Men And Women ◽  
National Legislation ◽  
Stage Of Development ◽  
The Right

Problem setting. In modern socio-economic conditions, the problem of social protection of persons with family responsibilities becomes especially relevant. In the process of life of families with minor children, there are a large number of social risks, including disability, illness, poverty, child support alone, etc., which requires the state to develop and adopt qualitatively new social programs aimed at protection of the given subject of the right of social security from adverse consequences of such risks. Analysis of recent researches and publications. In social security law, issues related to the right of persons with family responsibilities to social protection have not gone unnoticed by researchers and are among a number of important theoretical developments in this area. In particular, attention was paid to this issue M. I. Polupanov, V. S. Shaikhatdinov, O. G. Azarova, E. I. Astrakhan, T. I. Ivankina, V. D. Novikov, I. A. Vetukhova, L. B. Kulachok, O. M. Yaroshenko and other lawyers. Target of research – is to analyze the world experience on the right of persons with family responsibilities to social protection and the possibility of its application in Ukraine. Article’s main body. There is still no single international act that establishes standards for the social protection of persons with family responsibilities. In this regard, we can say that the general principles and characteristics relating to social protection of this category of persons, and adopted in order to achieve the optimal level of order in this area of public relations, are governed by a number of international legal acts enshrining fundamental rights persons in the field of social protection and determine the standards of their implementation, the basics of social protection of motherhood as a state that gives the right to care and assistance from the state and society, as well as the principles of social protection of the family to which necessary protection and assistance so that it can fully commit itself to educating the younger generation. Conclusions and prospects for the development. Summing up the above, it was concluded that the study of international documents allowed to determine the degree of their impact on national legislation and sources of social security law. For Ukraine, bringing national legislation in the field of social protection of persons with family responsibilities in line with international standards in this area is an important and necessary step. Therefore, at the current stage of development for Ukraine, the priority is to create a regulatory framework to protect the rights and freedoms of persons with family responsibilities, which would fully meet international standards and ensure the implementation of these rights and provide a mechanism to protect them in case of violation. As for compliance with international standards today, we can note the following: a) in order to create conditions for regulatory and legal support of state policy regarding persons with family responsibilities in Ukraine adopted a number of regulations; b) to promote the gender interests of working men and women, the current legislation of Ukraine has been streamlined in accordance with the main provisions of the ILO Convention 156 on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities

scholarly journals Impact of proliferation of the new COVID-19 infection upon the changes social security legislation

2020 ◽  
pp. 74-84
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Social Insurance ◽  
Well Being ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Lump Sum ◽  
The Social ◽  
The Russian Federation ◽  
Families With Children

The subject of this research is the changes in the Russian social security legislation during the spread of new COVID-19 infection. The article examines the transformation of material legal relations associate with granting allowance for temporary incapacity for work, unemployment compensations, lump-sum payments and monthly payments to families with children. The author meticulously analyzes the questions of legal regulation of the additional compensations to various categories of citizens, established by the normative legal acts of the constituent entities of the Russian Federation. Special attention is paid to the implementation of distance interaction of citizens with the social security bodies of the Russian Federation, as well as the possibility to render assistance without the need to apply. The scientific novelty of this work consists in the comprehensive research of the dynamics of social security legislation aimed at neutralization of negative consequences of proliferation of the new COVID-19 infection and maintenance of the level of well-being of the citizens. The author’s special contribution lies in determination and analysis of the grounds for granting social security at the time of pandemics, as well as changes in the size of compensations. The conclusion is made on underutilization of resources of the compulsory social insurance, which led to the need for implementation of a set of new measures on social security of the citizens on the federal and regional levels.

JAMINAN SOSIAL TENAGA KERJA DI INDONESIA SEBAGAI NEGARA KESEJAHTERAAN DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati
Keyword(s):  
Social Security ◽  
Legal Theory ◽  
Industrial Relations ◽  
Secondary Data ◽  
Black And White ◽  
Collection Process ◽  
The People ◽  
Document Collection ◽  
The Government ◽  
Security Regulations

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.

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