scholarly journals The right to equal pay as a variety of socio-economic rights.

2021 ◽  
pp. 176-179
Author(s):  
M.O. Pyzhova
Keyword(s):  
The State ◽  
Social Needs ◽  
Human Potential ◽  
High Tech ◽  
Economic Rights ◽  
Human Needs ◽  
Stage Of Development ◽  
Social Standard ◽  
The Right ◽  
Fair Pay

The article considers the right to fair pay in the context of socio-economic rights. International legal acts on the existence of provisions on fair remuneration are analyzed. Emphasis is placed on the fact that fair pay is part of the block of socio-economic rights, which are characterized by a significant number of valuation concepts. It is noted that wages are the most important social standard for society, while the social standard means scientifically sound and socially recognized levels of material, spiritual and social needs, the state of social processes necessary for the proper functioning and development of society.Emphasis is placed on the fact that despite the fact that there is a whole package of international legal documents that describe and normatively establish the general principles and conditions of formation, functioning and development of the welfare state, none of these acts has an unambiguous interpretation of what specifically in terms of the quality and quantity of social benefits provided by the state, the criterion of «fair wages ensures a decent standard of living» is met.It is noted that a serious problem in determining the «fair wage» is the weak development of models for deter-mining the level of human needs, as well as absolute independence, dependence of wage standards on other social norms established by the state.It is concluded that at the present stage of development of the market economy in Ukraine the priority tasks are the restoration and expanded reproduction of human potential; restoration of economic growth as a basis for increasing the welfare of workers; formation of a high-tech national reproductive system and a corresponding modern structure of high-quality labor force; overcoming the relations of alienation and exploitation, including through a significant increase in wages and the development of various systems of employee participation in profits and incomes; formation of cooperation mechanisms for development at both macro and micro levels. This requires the development and implementation of a national program to improve the quality and dignity of work, one of the most important parts of which is the institution of wages.

Economic and Social Rights

2017 ◽  
Author(s):  
William F. Felice
Keyword(s):  
Capabilities Approach ◽  
Social Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Human Needs ◽  
Social Basis ◽  
Right To Development ◽  
Equal Importance ◽  
The Right ◽  
Politics And Law

Economic rights refer to the right to property, the right to work, and the right to social security. Social rights are those entitlements necessary for an adequate standard of living, including rights to food, housing, health, and education. Since economic rights have a social basis, and social rights have an economic basis, both classifications are considered of equal importance and interdependent. The intellectual and social dimensions of economic and social rights have evolved from at least four spheres: religion, philosophy, politics, and law. Throughout history, individuals and groups debated and accepted obligations to help the needy and prevent suffering. There were both religious and secular dimensions to these undertakings. Early human rights advocates moreover proclaimed an interdependence between civil and political rights and economic and social rights and criticized those who made too sharp a distinction between them. A central debate over economic and social rights relates to their legal validity. Some scholars argue that by their very nature, economic and social rights are not “justiciable.” Another issue is the link between economic and social rights in meeting basic human needs and the alleviation of global poverty. The right to development is also important in debates on economic and social rights, as it attempts to correct the economic distortions left by the legacy of colonial domination. Perhaps the most promising new approach to economic and social rights is Amartya Sen’s capabilities approach, which focuses on what individuals need for adequate functioning.

scholarly journals The right to an adequate standard of living, the right to entrepreneurial activity and the right to a pension for internally displaced persons in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 336-341
Author(s):  
Nataliya Isayeva
Keyword(s):  
The State ◽  
Standard Of Living ◽  
Entrepreneurial Activity ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
State Budget ◽  
Economic Rights ◽  
Internally Displaced ◽  
Financial Pressure ◽  
The Right

The problems of ensuring the state of such socio-economic rights and freedoms of internally displaced persons as the right to an adequate standard of living, entrepreneurship and pensions have been studied and proposals have been made to improve the existing national legislation in this area. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. It is emphasized that changes to the current legislation on the issuance of documents for the ap-pointment (recalculation) of pensions, firstly - will simplify the procedure for receiving pension benefits and social guarantees, secondly - reduce the burden on the judiciary, and thirdly - save time and money internally displaced persons for legal assistance. Thus, resolving this issue and amending the legislation will solve a set of problems, both for internally displaced persons and for the state, in terms of budget savings. It is emphasized that the solution of socio-economic problems of internally displaced persons falls on the state budget, which creates significant financial pressure. However, the state has committed itself to ensuring the constitutional rights of internally displaced persons and must therefore comply with it. Sometimes, there is not so much a need for funding as an effective mechanism for ensuring certain socio-economic rights.

scholarly journals PENERAPAN FUNGSI SOSIAL ATAS TANAH DALAM PENETAPAN TANAH TERLANTAR OLEH BADAN PERTANAHAN NASIONAL (STUDI TERHADAP: KEPUTUSAN KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NO: 14/PTT-HGB/BPN RI/2014)

2019 ◽  
Vol 2 (1) ◽  
pp. 174
Author(s):  
Agripina Agripina ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Rural Areas ◽  
Land Rights ◽  
The State ◽  
Human Needs ◽  
The Right

Land is a gift fr0m G0d that must be used t0 fulfill human needs. H0wever there are lands that have been aband0ned by the land right holder for years. Aband0nment of land has been c0mm0nly f0und in many rural areas in Ind0nesia. Aband0ned land is regulated in G0vernment Regulati0n Number 11 Year 2010 0n Disciplining and Emp0werment 0f Aband0ned Land. The land right h0lder is basically prohibited from abandoning the land. However, in case that the right h0lder left the land unused, n0t utilized in acc0rdance with the circumstances 0r the purp0se of granting the rights, it leads t0 legal c0nsequences such as the ab0liti0n of the land rights c0ncerned and the terminati0n 0f legal relati0ns and affirmed as land directly controlled by the state. Acc0rding to Article 6 Act No. 5 Of 1960 C0ncerning Basic Regulati0ns 0n Agrarian Principles, all rights 0n land have a s0cial function. The State can all0cate the aband0ned land f0r public interest c0nsidering land has n0t 0nly ec0nomic values, but als0 s0cial values.

scholarly journals Social and Economic Rights in the German Basic Law? An Analysis with Respect to Jurisprudence of the Federal Constitutional Court

2020 ◽  
Vol 6 (2) ◽  
pp. 190
Author(s):  
Christoph Enders
Keyword(s):  
Federal Republic ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Economic Rights ◽  
Basic Law ◽  
Federal Constitutional ◽  
Right To Participation ◽  
The Right

The Basic Law for the Federal Republic of Germany did originally not provide for social or economic rights understood as claims to benefits. The Federal Constitutional Court (FCC) did, indeed, recognise the states obligation to protect individuals against assault by others (right to security) and further ruled that everyone has the right to use facilities provided by the state under equal conditions (right to participation). These rights, however, aim to ensure that the state uses existing means as intended. In addition, the FCC by now has recognised a “right to the guarantee of a dignified minimum subsistence”. It is an original entitlement as the state is obliged to create and provide benefits for individuals in need. This new legal construction, however, misconceives the division of responsibilities between the FCC and the legislator and collides with the principle of the separation of powers

scholarly journals The utilisation of the right of children to shelter to alleviate poverty in South Africa

2017 ◽  
Vol 7 (1) ◽  
pp. 107
Author(s):  
I Mc Murray ◽  
L Jansen Van Rensburg
Keyword(s):  
South Africa ◽  
Health Care ◽  
Human Dignity ◽  
Health Care Services ◽  
The State ◽  
Economic Rights ◽  
Care Services ◽  
The Republic ◽  
The Right ◽  
Right Of Access

Children being the most vulnerable members of society are the one's most affected by living in poverty. This unacceptable situation can inter alia be attributed to the disastrous effects of Apartheid. During this unfortunate period in our nation's history millions of people were unjustly evicted from their homes and forced to live in deplorable conditions. Moreover, many of these people were left homeless or without the necessary adequate shelter. Children who were born into these circumstances were denied basic resources such as proper shelter, food, water and health care services. These unfortunate circumstances existed at the adoption of South Africa 's democratic Constitution. The preamble of the Constitution of the Republic of South Africa , 1996 reaffirms government's commitment to heal the inequalities of the past and improve the quality of life of all citizens. The Constitution is based on certain fundamental values, most importantly, human dignity, freedom and equality. The fact that these values are denied to those people living without access to basic resources such as adequate housing/shelter, food, water or health care services cannot be dismissed. To facilitate South Africa 's development as a democratic state based on human dignity, freedom and equality, the problem of poverty must be addressed. The Constitutional Court , in Government of the Republic of South Africa and Others v Grootboom and Others 2000 11 BCLR 1169 (CC), has recently stated that the effective realisation of socio-economic rights is key to the advancement of a value based democratic South Africa . Section 26 of the Constitution grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. By virtue of section 28(1)(b) the primary responsibility to provide children with the necessary adequate housing/shelter is vested in their parents, unless the parents are unable to fulfil their duty or the children are removed from their care. This does not in the least mean that the state has no responsibilities to children living with their parents. The state must still provide the framework in which parents can facilitate the realisation of their children's rights. The state can fulfil this obligation by taking reasonable legislative and other measures within its available resources to realise everyone's right of access to adequate housing progressively.  Therefore, it is submitted that the measures taken to realise section 26 also indirectly ensures the realisation of children's right to basic shelter (section 28(1)(c)). It has been largely accepted by the courts and academics alike that all fundamental human rights are indivisible and interrelated. Clearly then, the state's obligations in terms of section 28(1)(c) cannot be properly interpreted without referring to the interpretation of those obligations conferred upon it by section 26(2) and the other socio-economic rights in the Constitution. Hence, section 28(1)(c) must be seen in the context of the Constitution as a whole. Put simply, the state must take reasonable legislative and other measures within its available resources to realise children's right to basic housing/shelter progressively. This article will focus on the utilisation of the right to shelter of the child to alleviate poverty. Essential to this discussion is an effective understanding of the right to basic shelter as entrenched by section 28 of the Constitution in conjunction with the right of access to adequate housing conferred on everyone by virtue of section 26. This will be achieved by studying the general working of such rights including their limitations and enforcement. 

scholarly journals Historical principles of the state's establishment and development

2020 ◽  
Vol 8 (2) ◽  
pp. 79-86
Author(s):  
Ivan Shkurat
Keyword(s):  
Public Administration ◽  
State Formation ◽  
Private Property ◽  
The State ◽  
Political Organization ◽  
Human Needs ◽  
Monetary System ◽  
Social Nature ◽  
Stage Of Development ◽  
Third Stage

The issue of disclosing the historical foundations of state formation and development constantly needs attention from domestic researchers, which is the purpose of this article.The article is devoted to explaining the historical foundations of state formation and development. The basic theories of the origin of the state, including patriarchal, theological, contractual, organic, theory of violence and materialistic (class) theory, are presented. Based on the analysis of all theories of the origin of the state, it becomes clear that the emergence and development of the state are based on human needs, and its main purpose as a socio-political institute and public administration as an activity is precisely to meet the needs of people. It is found that common to all theories of the origin of the state is that they all recognize the existence of a powerful, organizing power, only different in origin: parental, divine, contractual, organic, violent, power of private property. The main purpose of the state, as a socio-political institute and public administration as an activity that is precisely to meet people's needs, is outlined. The class and general social nature of the state are revealed.The article describes the theory of "stages of economic growth" by Rostow, according to which it can be argued that at the present stage of development, Ukraine is at the third stage of a society that is undergoing a process of shifts and will become a maturing society in the future.The main features of the state as the central institute of the political system are given. It is established that the concept of "state" should be understood as a sovereign political organization that officially represents and covers all the population within a certain territory, has its own tax and monetary system, national legislation, official symbols and has a special apparatus of management and coercion.

Human Rights, Ownership, and the Individual

2019 ◽  
Author(s):  
Rowan Cruft
Keyword(s):  
Human Rights ◽  
The State ◽  
Moral Rights ◽  
Collective Good ◽  
Human Rights Law ◽  
Economic Rights ◽  
Property System ◽  
The Individual ◽  
The Right

What do we mean by rights, and can our use of the concept be justified? This book offers a partial vindication of the concept of a right, defending its use in relation to human rights while questioning it in relation to property. It starts with a new ‘Addressive’ account of the nature of rights as bringing together duty-bearer and right-holder first-personally—a theory which moves beyond and complements traditional Interest and Will Theories. This Addressive account implies that a right exists pre-institutionally (as a ‘natural’ or ‘moral’ right) only when a duty owes its existence predominantly to the right-holder’s good. On this basis, the book defends human rights law and practice as justifiably institutionalizing certain pre-legal moral rights held against other individuals and the state, including socio-economic rights. This defence proceeds independently of whichever conception of ‘the important human features’ (e.g. agency, capabilities, freedoms, interests, needs) one takes to underpin human rights—though it does depend on a distinction between individual and other goods. The book ends by arguing that for much property, conceiving the relevant duties in rights terms can mislead us into overlooking their foundation in the collective good. An alternative non-rights property system—broadly resembling modern markets but not conceived in terms of rights—is outlined. The result is a defence of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, while pressing new doubts about much property as an individual right.

scholarly journals The Nexus between State Liability Principle and WTO Law

2016 ◽  
Vol 7 (3) ◽  
pp. 323-342
Author(s):  
Intan Innayatun Soeparna
Keyword(s):  
The State ◽  
Economic Interest ◽  
Individual Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
National Courts ◽  
The Government ◽  
State Liability ◽  
The Right

Abstract There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual’s right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.

State innovation policy Russia: history and prospects

2015 ◽  
Vol 5 (4) ◽  
pp. 274-285
Author(s):  
Шабуцкая ◽  
Natalia Shabutskaya ◽  
Соломатина ◽  
Elena Solomatina
Keyword(s):  
Russian Federation ◽  
Innovation Policy ◽  
Innovation Process ◽  
The State ◽  
High Tech ◽  
Policy Document ◽  
State Management ◽  
Stage Of Development ◽  
The Russian Federation ◽  
Innovation Processes

The article by analyzing the history of the formation of the state innovation policy of the Russian Federation, substantiated the idea that at the present stage of development of the state plays a leading role as a source of demand for innovation, and the chief mediator of innovative processes. It is argued that in times of crisis, it is the state first is interested in the fact that the products of domestic producers-telya was competitive and that it is the state has the best cart-mozhnosti to stimulate innovation processes, both in terms of financing innovation, and the organization of infrastructure, economic environment favorable to the development of innovation, which today are an indicator of the country´s development. In modern conditions, taking into account the priorities of socio-economic development in Russia achieved some positive results towards the formation and implementation of state management of innovation processes at both the federal and regional levels. The state innovative policy in Russia is generated to reflect the changes in the global high-tech markets, changing vectors of scientific, technological and industrial devel-opment of the world´s leading countries in the innovation process. In 2013, the Russian Federation has changed the direction of the state innovation policy: the beginning of the translation of scientific and technical sector of the "traditional" model on the principles of the "new" model of NIS; there was a correction of the "new" model of NIS. The main document defining the state policy in the field of innovation, is the strategy of innovative development of the Russian Federation for the period until 2020. The implementation of a policy document recognized qualitatively change the structure of Russia´s economy and quality of life. However, much remains to be implemented, taking into account the experience of foreign countries and the need to move away from commodity mo-Delhi economy, as well as the current process to date - importozamesche-tion. The main mechanism for achieving targets in the direction indicated by Innova-tional development programs are state of the Russian Federation.

scholarly journals THEORETICAL PRINCIPLES OF DEVELOPMENT OF COMPETITIVE ENTREPRENEURSHIP STRATEGIES

2019 ◽  
pp. 89-99
Author(s):  
Nataliia Shmalii
Keyword(s):  
Competitive Advantage ◽  
Competitive Strategy ◽  
Continuous Process ◽  
Global Competition ◽  
Competitive Strategies ◽  
Human Needs ◽  
Relevant Today ◽  
Stage Of Development ◽  
Long Run ◽  
The Right

The article is devoted to the research of theoretical bases of formation of competitive entrepreneurship strategies. The current stage of development of the economy and society as a whole is based on constant changes, sharpening of global competition in all its manifestations, continuous process of technical and scientific innovations, limited resources and unlimited human needs, state policy in the field of entrepreneurship, financial market factors, etc. as a consequence for each business entity it is necessary to form and implement its strategy of competitive advantages. After all, the purpose of each enterprise is to receive a reward (profit) as a result of its activity. This issue is particularly relevant today. Therefore, we have analysed the interpretation of the concept of competition and competitive strategy by various economists. The interrelation and interdependence between such economic categories as competition and competitive advantage are justified. The basic approaches to the formation of a competitive advantage strategy have been systematized. The basic competitive strategies of M. Porter, F. Kotler, and A. Little are analysed. These strategies relate to different approaches to the development of a company related to the change of one or more elements: product, market, industry, technology. In order to develop and implement an effective competitive strategy, it is necessary to carry out a detailed analysis of opportunities, resources, market, competitors, to determine the right mechanism by which competitive advantage can generate profit in the long run. With global competition intensifying, competitive advantage is achieved through different methods based on different competitive strategies. What kind of strategy to choose and how to combine these strategies is decided by the enterprise itself, but any of these strategies is aimed at achieving a favorable and long-lasting position in the market, obtaining maximum and sustainable profit, resisting continuous competitive forces in the market.

Sign in / Sign up

Export Citation Format

Share Document