scholarly journals IMPLEMENTASI PERLINDUNGAN HUKUM TERDAHAP HAK MATERNITAS PEKERJA WANITA DI KAWASAN BERIKAT NUSANTARA (KBN) CAKUNG JAKARTA UTARA DITINJAU DARI UNDANG-UNDANG KETENAGAKERJAAN (STUDI KASUS PELANGGARAN HAK MATERNITAS PEKERJA WANITA DI WILAYAH KBN CAKUNG, JAKARTA UTARA)

2018 ◽  
Vol 1 (1) ◽  
pp. 586
Author(s):  
Melisa Kurniawan Ardianto ◽  
Stanislaus Atalim
Keyword(s):  
Women Workers ◽  
Social Security ◽  
Labor Law ◽  
Research Literature ◽  
Child Rearing ◽  
Labour Law ◽  
Rights Protection ◽  
The Right ◽  
Year 2000 ◽  
Normative Aspect

This research was conducted to examine the rules concerning the protection of maternal right of women workers set forth in Labor Law. Basically, women workers have special right, their right must also be facilitated. One of the most fundamental right is the maternal right of women workers, including the right to menstruation leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the right and child rearing. This research also to look at the law as the principles of truth and justice that is natural and universally applicable. The method used in this research is normative research specifications. Juridical instruments used are equipped with the Labour Law Regulations related of legislation law, while the normative aspect associated with the materials related to the research literature. Implementation of maternity rights protection of women workers has been stated in the Labour Law and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Convention). The results of this research indicate that the implementation of maternity right not going well.

scholarly journals Analysis of Procedural Rules in Individual Institutions Labour Law

2020 ◽  
Vol 17 (3) ◽  
pp. 68-77
Author(s):  
Galina Obukhova
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Labour Law ◽  
Legal Norms ◽  
Historical Comparative ◽  
The Right ◽  
Substantive Law ◽  
Almost All ◽  
Special Rights

Introduction. The article deals with procedural and procedural rules of certain institutions of labor law, which contain rules that define the special rights and obligations of subjects, fixing their social and labor rights and interests. The author substantiates the need for detailed regulation of the procedure for implementing such norms, since the sequence of their application and compliance directly affect the normal development of labor relations. Purpose. The purpose of this work is a comprehensive analysis of procedural and procedural rules of labor law based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. Methodology. In the process of achieving the goal and solving the set tasks, the general scientific dialectical method of cognition, as well as logical, system, historical, comparative legal and formal legal methods were used. Results. In the course of the research, we come to the conclusion that some procedural rules of certain institutions of labor law have numerous gaps and often in relation to the process or production, we are always talking only about legal activity. The implementation of almost all substantive rules requires procedures or, in other words, procedural rules. Conclusion. Procedural and legal norms are a relatively independent element of the mechanism of legal regulation of labor relations. The official application of any substantive law should be carried out in a specific procedure, which distinguishes the subject of the enforcement order of its work and relationship with the requiring party, the right of appeal against enforcement, etc. All require further elaboration and regulation.

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.

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

The Role of Nurses in the Implementation of Patient Safety and Protection of Patient Rights at the Rahayu Yakkum Purwodadi Hospital

SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto
Keyword(s):  
Health Care ◽  
Patient Safety ◽  
Codes Of Conduct ◽  
Rights Protection ◽  
Patient’S Rights ◽  
Nurses Role ◽  
The Republic ◽  
The Right ◽  
Service Standards

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.

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.

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.

“The Servant Campaigns”: African American Women and the Politics of Economic Justice in Washington, D.C., in the 1930s

2017 ◽  
Vol 44 (2) ◽  
pp. 187-202 ◽  
Author(s):  
Mary-Elizabeth Murphy
Keyword(s):  
Women Workers ◽  
African Americans ◽  
Social Security ◽  
African American Women ◽  
New Deal ◽  
Democratic Party ◽  
Training Programs ◽  
The Social ◽  
Social Security Act ◽  
Black Voters

When Franklin D. Roosevelt, a Democrat, was elected president in 1932, most African Americans did not support him since they were still loyal to the Republican Party. Moreover, New Deal policies, especially the Social Security Act in 1935, excluded farmers and domestics, and thus, most African Americans. One of the people who encouraged black voters to switch to the Democratic Party was Elizabeth McDuffie, a black servant in the Roosevelt White House. In the 1936 election, McDuffie went on the campaign trail and toured Chicago, Cleveland, Springfield, and St. Louis. As a domestic servant, McDuffie was a familiar face to southern migrants, and she convinced many black voters to switch to the Democratic Party. After her campaign tour concluded, McDuffie became acquainted with the large black population in Washington, D.C. McDuffie worked alongside middle-class activists to increase economic opportunities for women workers by sponsoring training programs for servants. But, as this article demonstrates, most black servants did not want training programs; they desired higher wages, better jobs, and inclusion in the Social Security Act. Working-class women in Washington wrote letters to the newspaper and in 1938, 10,000 rioted for jobs as federal charwomen, jobs that paid higher wages and offered savings for retirement. After McDuffie witnessed these events, she became a vocal critic of the limitations of New Deal programs while continuing to praise Roosevelt and the Democratic Party. This article argues that Elizabeth McDuffie’s career in Washington illuminates the contradictions of New Deal politics for black women workers.

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