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 Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

The (Possible) Role of the Right to Social Security in the EU Economic Monitoring Process

2016 ◽  
Vol 17 (3) ◽  
pp. 277-314
Author(s):  
E. De Becker
Keyword(s):  
Social Security ◽  
Financial Aid ◽  
Fundamental Rights ◽  
Social Rights ◽  
Social Security Systems ◽  
Security Systems ◽  
Monitoring Process ◽  
The Right ◽  
The Eu

The outbreak of the financial and economic crisis in 2008 had a severe impact on the member states of the European Union. Countries like Greece had to ask the Troika (the European Commission, the European Central Bank and the International Monetary Fund) for financial aid. In return, they were obliged to reduce public spending and, as a result, national social security systems were drastically reformed. Furthermore, the EU has exercised its competences to supervise national budgets more extensively, even for countries not applying for financial aid through the Country Specific Recommendations under the European Semester. Like the decisions providing financial support, these recommendations also touch upon member states' social security systems. Moreover, the actions of the EU seem to generate a tension between the social rights provisions in (inter)national human rights instruments and the EU economic monitoring process, hence creating a possible deficit at the level of the EU. The five collective complaints against Greece under the framework of the European Social Charter (Council of Europe) illustrate this tension. This Article investigates this tension further and provides insights in possible ways to close the gap between (inter)national social rights provisions and the EU economic monitoring process by looking at the right to social security in the EU legal order. In doing so, this Article scrutinizes the judicial safeguards available at EU level, namely the right to social security in the Charter of Fundamental Rights (CFEU) and the role of general principles of Union's law for the protection of fundamental rights. It will become clear that a lot of uncertainty still remains regarding the content and scope of the right to social security in the CFEU, as well as the enforceability of this provision in the EU economic monitoring process.

scholarly journals To the issue of the content of the principle of address in the law of social security

2020 ◽  
pp. 70-75
Author(s):  
Karina Gnatenko
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Social Assistance ◽  
Legal Regulation ◽  
The Other ◽  
Standard Of Living ◽  
Social Benefits ◽  
Social Rights ◽  
The Law ◽  
The One

Problem setting. In recent years, as a result of legislative activity, many new legal principles have emerged that guide the legal regulation of the social sphere and indicate the general directions of the implementation of social rights. As a result, there is both a theoretical and a practical need to clarify their content and streamline the principles of social security law throughout the system. Characterizing the principles of social security, it should be noted that today there are many classifications of sectoral principles and those that were developed in Soviet times, and those that are more or less focused on the specifics of today. Some principles disappeared, losing their relevance and ceasing to affect all social security; others, on the other hand, have become more and more confident in the system of sectoral principles, having barely appeared in social security legislation. One such principle is the principle of targeting. Analysis of recent researches and publications. Problems of providing targeted assistance in their scientific works were studied by such scientists as O. O. Bogdanova, T. Z. Garasimov, A. Gladun, S. V. Kudlaenko, O. V. Moskalenko, I. Yu. Khomych, T. Yu. Khrenova, O. Chutcheva, O. M. Yaroshenko and others. Target of research – to find out the content of the principle of targeting in the law of social security and to determine its place in the mechanism of legal regulation of the law of social security in modern conditions in the implementation of social rights. Article’s main body. Targeted social protection in general is aimed at determining the real standard of living of persons seeking social assistance, their real need for social assistance. It is a characteristic tool of social programs to combat poverty, which allows to achieve a significant effect by qualitatively identifying the criteria characteristics of “beneficiaries”. The main advantage of the targeted social protection system is, firstly, the more efficient use of available limited budget funds to provide social assistance to the most vulnerable categories of citizens; secondly, most of such funds are spent on poor citizens. Therefore, addressing the system of social protection of vulnerable groups can, on the one hand, significantly increase the ability of this system to provide social assistance and services to those who really need it, and on the other – to prevent access to budget funds for state social assistance and provision of social services to those to whom it is not intended. This, in turn, will reduce the overall cost of social assistance programs at the state and regional levels, which is an important factor given the limited financial resources. Conclusions and prospects for the development. The principle of targeting social benefits, taking into account the financial situation of a particular person in a particular life situation, recognized by the state society as socially respectable, will contribute, on the one hand, more effective implementation of social rights, as it will take into account the specific life situation and, on the other hand, without limiting the volume and types of social benefits already provided by the current legislation, will promote a more rational distribution of funds from public consumption funds. Targeted social protection should be aimed at determining the real standard of living of persons seeking social assistance, their real need for social assistance

Social insurance – guarantee of the right of citizens to social protection due to accidents and occupational diseases on the manufacturer

2020 ◽  
pp. 41-45
Author(s):  
O. Soroka
Keyword(s):  
Social Services ◽  
Occupational Diseases ◽  
Social Insurance ◽  
Social Protection ◽  
Social Rights ◽  
Main Body ◽  
Material Support ◽  
Wide Range ◽  
The Right ◽  
Compulsory State

Problem setting. In the transition to a market economy, social rights acquire a fundamentally new meaning, as they are designed to guarantee radical changes in the socio-economic situation of man as a participant in market relations. The Constitution of Ukraine reflects a wide range of social rights of a person and a citizen to work, leisure, social protection, health care, medical care, health insurance, family protection, childhood, motherhood and fatherhood, education, etc. One of the central and universally recognized in the system of social rights of citizens is the right to social protection, the requirement of which is embodied in international acts ratified by Ukraine. The right to social protection is guaranteed by the obligatory state social insurance at the expense of insurance contributions of citizens, enterprises, institutions and organizations, budgetary and other sources of social security, as well as the creation of a network of state, municipal and private institutions for the care of the disabled. Without these guarantees, this right becomes an intention (wish) in the relevant field, has no practical value either for the individual or for society as a whole. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V. M. Andriyiv, D. V. Bozhko, N. B. Bolotina, M.M. Klemparsky, O. L. Kuchma, K. Yu. Melnyk, O. V. Moskalenko, P. D. Pilipenko, S.M. Prilipko, V. I. Prokopenko, O. I. Protsevsky, S. M. Sinchuk, I. M. Orphan, B. I. Stashkov, O. V. Tishchenko, L. P. Shumna, M. M. Shumylo, O. M. Yaroshenko, and others. Target of research to consider compulsory state social insurance as a guarantee of the right of citizens to social protection due to accidents and occupational diseases at work. Article’s main body. The main guarantee of a person’s right to social protection due to accidents and occupational diseases at work is compulsory state social insurance. The task of social insurance against accidents at work and occupational diseases that have caused disability is to carry out preventive measures aimed at eliminating harmful, dangerous production factors; prevention of accidents at work, other cases of threat to the health of the insured, caused by working conditions; restoration of health and working capacity of victims at work; compensation for damage related to the loss of insured persons’ wages or the relevant part of it during the performance of their duties, provision of social services in connection with damage to health, as well as in the event of their death, making insurance payments to incapacitated members families. Confirmation of the central place of social insurance against accidents and occupational diseases at work in the system of guarantees of the right of citizens to social protection can serve as indicators of the cost of material support in this area. Conclusions and prospects for the development. As a result of studying the place and role of compulsory state social insurance in the system of guarantees of the right of citizens to social protection due to accidents and occupational diseases at work, we can state that the right to social protection is one of the central and universally recognized social human rights. Compulsory state social insurance is the main material guarantee of the realization of the right of citizens to social protection due to accidents and occupational diseases at work. Its main essence and purpose are to receive the insured person in the event of an insured event from the insurer of material support (temporary disability benefits, burial) and social services (payment for treatment in the rehabilitation departments of the sanatorium after illness and injury) at the expense of the insured.

scholarly journals Social Security and Gender Justice in South Africa: Policy Gaps and Opportunities

2018 ◽  
Vol 48 (2) ◽  
pp. 293-310 ◽  
Author(s):  
SOPHIE PLAGERSON ◽  
TESSA HOCHFELD ◽  
LAUREN STUART
Keyword(s):  
South Africa ◽  
Social Security ◽  
Social Services ◽  
Child Support ◽  
Social Transformation ◽  
Social Protection ◽  
Gender Effects ◽  
Basic Services ◽  
And Gender ◽  
Quality Child

AbstractIf gender is neglected in the design and implementation of mainstream social welfare models, unequal social and economic outcomes for men and women tend to be reproduced. This paper contributes to debates about how social protection can contribute to promoting gender equality by considering the gendered redistributive and transformative effects of three types of social security instruments in South Africa: social assistance, unemployment insurance and public employment programmes. All the instruments have some pro-poor and gendered design innovations. The Child Support Grant has had better outcomes than the other instruments, but redistributive and transformative gender effects across the social security spectrum are disappointing. Limited social transformation is largely due to implementation inefficiencies and unresponsive institutions. To serve both economically redistributive and socially transformative ends, gender-sensitive synergies between social security instruments and with other multisectoral interventions could be strengthened, such as access to social services (especially quality child care) and access to basic services (such as water, electricity, transport and internet services).

scholarly journals The Calls for Universal Social Protection by International Organizations: Constructing a New Global Consensus

2020 ◽  
Vol 8 (1) ◽  
pp. 90-102 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Social Security ◽  
International Organizations ◽  
Social Protection ◽  
Health Coverage ◽  
The Sustainable Development ◽  
Global Consensus ◽  
Global Partnership ◽  
New Interpretation ◽  
Collective Development ◽  
The Right

Universalism has become a lead idea of global social politics, and of global social security in particular, first voiced in the Universal Declaration of Human Rights of 1948 and renewed in recent calls for “Social Security for All” and “Universal Health Coverage,” and in the Global Partnership for Universal Social Protection to Achieve the Sustainable Development Goals launched by the World Bank and the International Labour Organization in 2016. This article analyses the idea of a universal right to social protection, as recently articulated by international organizations. According to J. W. Meyer’s neo-institutionalist theory of world society (Krücken & Drori, 2009; Meyer, 2007), universalism is a world-cultural norm, and international organizations are proponents of world culture. This article is based on the assumption that the meaning of universalism is not fixed, but that international organizations construct the norm in changing ways to secure worldwide acceptance and applicability, considering that states have very diverse socio-economic conditions and socio-cultural backgrounds. Accordingly, the article analyses how international organizations construct the cultural idea of universalism as well as institutional models of universal social protection. The finding is that the recent calls for universalism represent a new interpretation of universalism that refers to individual entitlements to benefits rather than collective development, and that this global consensus was reached by constructing the norm in a way to leave room for interpretation and adaptation. However, the price of consensus is the attenuation of the norm, by allowing particularistic interpretations and by weakening the content of the right to social protection. The article also seeks to explain the rise of the new global consensus and identify its limitations.

The 2030 Agenda and eradicating poverty: New horizons for global social policy?

2017 ◽  
Vol 17 (2) ◽  
pp. 210-216 ◽  
Author(s):  
Gabriele Koehler
Keyword(s):  
Sustainable Development ◽  
Social Policy ◽  
Social Protection ◽  
Political Power ◽  
Policy Discourse ◽  
Social Rights ◽  
Poverty Eradication ◽  
Care Policy ◽  
New Horizons ◽  
2030 Agenda

The article examines the approaches to poverty of the UN development decades, with a focus on the current 2030 Agenda for Sustainable Development. Using the “5 R” criteria of global social policy discourse, the article’s main point is that a coherent analysis of poverty is absent from the agenda. While the agenda does address redistribution, social rights, and resource consciousness, and makes important contributions to social protection and care policy, it makes only superficial reference to the need for regulating of the economy. The main lacuna of the agenda, however, is that it does not address the issue of relationality – the systemic asymmetries in economic, social and political power. As a result, it is weak on policy, and there is the risk that poverty eradication will remain an elusive goal, even beyond 2030, despite the agenda’s transformative remit.

scholarly journals (Ne) Mogućnost ostvarivanja prava deteta na zdravlje i prava deteta na socijalno obezbeđenje

Forum ◽  
2020 ◽  
Vol 2 (1-2) ◽  
pp. 3-26
Author(s):  
Veljko Vlaskovic
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Social Care ◽  
National Level ◽  
Right To Health ◽  
Cultural Rights ◽  
Security Services ◽  
Consent To Medical Treatment ◽  
The Right ◽  
Domestic Law

Human rights from the category of economic, social and cultural rights closely resemble moral ideas and proclamations. Therefore they must be realized progressively and gradually, in accordance with the available resources and with respect to minimum core obligations of the States Parties. The child’s right to health and child’s right to social security are typical examples of it. In this paper, the author deals with the problems of interpretation of those rights and their implementation at the national level, with special regard to the Serbian legislation. Special attention is paid to implementation of child’s right to health and child’s right to social security in the area of health care and social protection. The child’s right to health is directly incorporated into domestic law including various entitlements acquired by the child as a patient. Among these entitlements, the most significant are those involving child’s participation rights, such as the right of the child to consent to medical treatment. On the other hand, the child’s right to social security has not been directly incorporated into domestic law, but its implementation is dispersed over the rules on social care and different forms of health insurance. Thereby, a child is primarily considered as a passive user of social security services.

scholarly journals ДО ПИТАННЯ ПРО УПОВНОВАЖЕНОГО ІЗ СОЦІАЛЬНИХ ПРАВ ГРОМАДЯН

2020 ◽  
pp. 93-98
Author(s):  
О. С. Прийменко
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Social Rights ◽  
State Control ◽  
The Status ◽  
The Right

The purpose of the article is to analyze the feasibility of introducing a specialized authorized person (ombudsman) to improve the system of state control over observance of social rights (primarily, the right to social protection). It is noted that the issue of introducing the commissioner for social rights of citizens has not received due attention from scientists. A large number of citizens' appeals to various state bodies regarding violations of social rights is an im­portant argument for regulating the status of the commissioner for social rights of citizens at the legislative level. The article presents a list of the main tasks of the commissioner for social rights of citizens, taking into account the experience of the Verkhovna Rada of Ukraine Commissioner for Human Rights and various specialized ombudsmen.

scholarly journals The International Perspective of Social Rights as Something we Need to be More Aware About

2021 ◽  
Vol 4 (4) ◽  
pp. 82-106
Author(s):  
Barbara Grandi
Keyword(s):  
Social Security ◽  
Minimum Wage ◽  
Social Protection ◽  
International Perspective ◽  
The State ◽  
Social Rights ◽  
Member States ◽  
Eu Directive ◽  
Legal Perspective ◽  
The Social

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.

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