scholarly journals Survivorship and Inheritance Rights for Same-Gender Couples: Relevance to Social Workers

10.18060/1840 ◽  
2011 ◽  
Vol 12 (2) ◽  
pp. 345-362
Author(s):  
Jessica Cordero ◽  
Darrel Montero ◽  
Teisha Portee ◽  
Renee Spears ◽  
Vicki Stevenson ◽  
...  
Keyword(s):  
Health Insurance ◽  
Civil Rights ◽  
Social Security ◽  
Social Workers ◽  
Survey Research ◽  
Insurance Benefits ◽  
Same Gender ◽  
The Right ◽  
Employment Rights ◽  
Poll Data

Californians voted in November 2008 to ban the right to same-gender marriage in California. This paper summarizes data on changes in societal attitudes relative to homosexuals, same-gender couples, and their civil rights as reflected in Gallup and Princeton Survey Research Associates International poll data over the years through 2011. These findings report deeply entrenched and enduring divisions in American attitudes toward the rights and status of same-gender couples. Although historically a majority of Americans has consistently opposed same-gender marriage, Americans increasingly recognize the need to extend equality to same-gender couples in the form of employment rights, inheritance rights, Social Security, and health insurance benefits. This article explores existing and proposed policies regarding the rights of same-gender couples. In addition, it examines the implications and opportunities for advocacy by social workers who face the challenge of navigating the legal and personal obstacles that arise when their client’s same-gender relationships are not sanctioned by law.

scholarly journals KEBANGKITAN HAK-HAK SIPIL PENGHAYAT KEPERCAYAAN PARMALIM PASCA PASAL 61 AYAT (1) PUTUSAN MAHKAMAH KONSTITUSI NOMOR 97/PUU-XIV/2016 DI KOTA MEDAN

2020 ◽  
Vol 2 (2) ◽  
pp. 75
Author(s):  
Gomgom T. P Siregar ◽  
Rudolf Silaban ◽  
Peri Gustiranda
Keyword(s):  
Civil Rights ◽  
Social Security ◽  
Research Result ◽  
Birth Certificates ◽  
Easy Access ◽  
Constitutional Court ◽  
Identity Card ◽  
Access Rights ◽  
The Right ◽  
The City

This study aims at finding the truth and the inclusion of words of believers in the electronic identity card, especially followers of Parmalim in the city of Medan even though the religious column on their electronic KTP is blank or a sign (-). The research method used in this study is normative juridical, which uses a library study on Population Administration Law to the 2016 Constitutional Court Number and Constitutional Court Decision Number 97 / PUU-XVI / 2016 in Medan City. The research result is that the civil rights of the trustees, namely the right to social security, have easy access to population documents such as electronic ID cards, family cards, marriage certificates and birth certificates for Parmalim in the city of Medan. May have access to work, can access rights to social security, can access population documents such as electronic ID cards, family cards, marriage certificates and birth certificates. Likewise, the applicant's children may apply for a job even though the religious column on the electronic KTP is marked with a strip or (-).

scholarly journals Zbieg prawa do świadczeń opiekuńczych i świadczeń z ubezpieczenia społecznego — uwagi de lege ferenda

2019 ◽  
Vol 117 ◽  
pp. 37-46
Author(s):  
Monika Lewandowicz-Machnikowska
Keyword(s):  
Social Security ◽  
Legal System ◽  
Social Insurance ◽  
Current Situation ◽  
Insurance Benefits ◽  
Retirement Pension ◽  
Insurance Benefit ◽  
Family Benefits ◽  
The Right ◽  
Social Security Benefits

CONCURRENCE OF THE RIGHTS TO CARE BENEFITSAND SOCIAL SECURITY BENEFITS —DE LEGE FERENDA COMMENTSThe text deals with the issue of the concurrence of care benefits and social security benefits regulated in the Act on Family Benefits. Such a situation occurs when a person who already has the right to a social insurance benefit, e.g. a retirement pension, acquires the right to one of the care benefits, e.g. an attendance benefit. The regulations included in the Act on Family Benefits are discussed against the background of the general principles according to which a particular type of risk can be protected with only one benefit and social insurance benefits take precedence over care benefits. According to the author’s opinion, the solutions adopted by the legislator are unadjusted to the current situation and are increasingly provoking controversy in practice and, consequently, in the author’s opinion, require changes. The lack of action on the part of the legislator causes courts to play its role, which should not occur in a properly functioning legal system based on the rule of the tripartite division of power.

scholarly journals Cash Benefits in Social Welfare: Transformation of Legislation and Scientific Approaches to the Definition of Employed Concepts

2021 ◽  
pp. 33-37
Author(s):  
Yulia Mikhailenko
Keyword(s):  
Social Security ◽  
Social Welfare ◽  
Retrospective Analysis ◽  
Labor Law ◽  
Insurance Benefits ◽  
Key Concepts ◽  
Cash Benefits ◽  
Definition Of ◽  
The Right ◽  
Scientific Ideas

The article analyzes the shortcomings of the conceptual apparatus characteristic of the right for social security in designating the types of social security provided in monetary form. In particular, there is a lack of  necessary definitions (including key concepts such as "benefits" and "compensation"); lack of uniformity of terms (foregoing, the term "compensation" in some sources is used in the sense of "reimbursement of costs incurred by a person", traditional for the science of labor law, and in others a "civilized" approach to compensation as payments aimed at restoring the property sphere in case of encroachments on intangible goods is applied); "doubling" of concepts (for example, the appearance of "insurance payments" along with insurance "benefits"). Based on the analysis of the current legislation, it is concluded that there is no consistent distinction between the concepts of "benefits", "compensation", and other monetary payments. Nevertheless, a retrospective analysis of the sources of social security law, as well as ideas and approaches formed in science (not without the influence of the science of labor law), allows us to define certain types of social security payments. Unfortunately, they are not always reflected in the legislation on social security, as a result of which the scientific ideas themselves are undergoing changes, in particular, the criteria determining the essence of various social security payments are being enough. It seems that the directions for improving the system of sources of social security law should be the rejection of excessive terminological diversity in determining the types of social security, as well as the orientation to the approaches developed in science to their definition.Thus, it is proposed to use the category of benefits as a universal concept, referring to it social security payments in cash, which do not have specific features of other social security payments.

scholarly journals Kualitas Pelayanan BPJS Pada Klinik Di Kota Pekanbaru

2015 ◽  
Vol 1 (1) ◽  
pp. 99-109
Author(s):  
Hadiyati Hadiyati
Keyword(s):  
Public Health ◽  
Health Insurance ◽  
Social Security ◽  
Low Cost ◽  
Medical Needs ◽  
The Social ◽  
The Government ◽  
The Right ◽  
Social Security Agency

Abstract: Abstract: Ministry of Social Security Agency (BPJS) is the Social Security Agency established by the government to provide for Public Health Insurance, National Health Insurance (JKN) is a public health program to realize the health services in accordance with medical needs. BPJS Health Care not for all Indonesian people. Public complaints against the service based on the results of the study proved to be due for service procedures that are less well applied and also because of the service provided is not using the right people and facilities are also incomplete, although the specified low cost but not efficient in making the community recover of the disease.   Keywords: Quality of Service, BPJS

Improving Mental Health Insurance Benefits without Increasing Costs

2001 ◽  
Author(s):  
Merrile Sing ◽  
◽  
Steven Hill ◽  
Loren Puffer
Keyword(s):  
Mental Health ◽  
Health Insurance ◽  
Insurance Benefits

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

scholarly journals Toleration as the Balance Between Liberty and Security

2021 ◽  
Author(s):  
Anna Elisabetta Galeotti ◽  
Federica Liveriero
Keyword(s):  
Social Security ◽  
Harm Principle ◽  
Social Tolerance ◽  
Individual Liberty ◽  
Self Defense ◽  
The Right ◽  
The Harm Principle

AbstractTraditionally, an adequate strategy to deal with the tension between liberty and security has been toleration, for the latter allows the maximization of individual liberty without endangering security, since it embraces the limits set by the harm principle and the principle of self-defense of the liberal order. The area outside the boundary clearly requires repressive measures to protect the security and the rights of all. In this paper, we focus on the balance of liberty and security afforded by toleration, analyzing how this strategy works in highly conflictual contexts and sorting out the different sets of reason that might motivate individual to assume a tolerant attitude. We contend that toleration represents a reliable political solution to conflicts potentially threatening social security when it is coupled with social tolerance. Hence, we examine the reasons the agents may have for endorsing toleration despite disagreement and disapproval. In the range of these reasons, we argue that the right reasons are those preserving the moral and epistemic integrity of the agent. The right reasons are however not accessible to everyone, as for example is the case with (non-violent) religious fundamentalists. Only prudential reasons for toleration seem to be available to them. And yet, we argue that an open and inclusive democracy should in principle be hospitable towards prudential and pragmatic reasons as well, which may potentially lay the grounds for future cooperation. We conclude therefore that the tolerant society has room for the fundamentalists, granted that they do not resort to violence.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

DISTRIBUTIONAL ASPECTS OF NATIONAL HEALTH INSURANCE BENEFITS AND FINANCE

1972 ◽  
Vol 25 (4) ◽  
pp. 497-510
Author(s):  
MARTIN FELDSTEIN ◽  
BERNARD FRIEDMAN ◽  
HAROLD LUFT
Keyword(s):  
Health Insurance ◽  
National Health Insurance ◽  
National Health ◽  
Insurance Benefits
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