SOCIAL HUMAN RIGHTS: GENERAL THEORETICAL CHARACTERISTIC

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
◽  
Tetiana Herhulenko ◽  
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
Deep Understanding ◽  
Social Rights ◽  
Historical Aspect ◽  
Social Sphere ◽  
The Social ◽  
Housing Rights ◽  
Social Code ◽  
The Welfare State

In the article, within the framework of the general exploration of human rights was made an attempt to substantiate the importance of social rights as a separate category of rights that belongs to the «second generation» of human rights and needs analysis within the state and legal reality. Attention was paid to the historical aspect of the development of social rights. The events, that inevitably influenced the emergence, development and ideological justification of the need for recognition of social rights are analyzed, the causal links involved in their formation are also indicated. In publication the connection of social rights with the concept of the welfare state is revealed, the main purpose of this state is to promote the realization of these rights. The fundamental features of this form of organization of government and society make it possible to evaluate the great dependence of the realization of social rights on socially oriented policy and economy of the country. For a deep understanding of the essence and ideas embedded in the content of social rights, the features and characteristics of this category of rights are studied. Attention is also paid to the different approaches to the concept of social rights expressed by researchers in this issue. The sources in which social human rights are legally fixed are considered (the Universal Declaration of Human Rights, the European Social Charter, the Constitution of Ukraine, the German Social Code). Also there is a comparative analysis of the enshrinement of these rights in courses mentioned above. Particular attention is paid to the characteristics of social rights listed in the German Social Code, as well as to the content of the agreement between Ukraine and Germany about cooperation in the social sphere. Great attention in the publication is paid to the studying of events in Ukraine that hinder the realization of social rights. The coronavirus pandemic and military events in the East of the country have negative impact on the implementation of social rights. The statistical data confirming the violation of the housing rights and medical care at present are given. Conclusion is formulated about the need of analyzing social rights as a specialized group of human rights, which have passed a significant historical path of formation and have unique characteristics and features.

scholarly journals The echr and the Protection of Irregular Migrants in the Social Sphere

2015 ◽  
Vol 22 (1) ◽  
pp. 39-67
Author(s):  
Sylvie Da Lomba
Keyword(s):  
Human Rights ◽  
Social Dimension ◽  
European Convention ◽  
Social Rights ◽  
Irregular Migrants ◽  
Social Sphere ◽  
European Court ◽  
Poor Access ◽  
The Social ◽  
International Adjudication

For more than a decade, the Council of Europe has expressed deep concern over irregular migrants’ poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants’ social rights. Having reached the conclusion that international adjudication can help protect irregular migrants’ social rights, I examine the ‘social dimension’ of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere.

scholarly journals Wither the social security and the welfare state in the 21st century - A relic or necessity?

2018 ◽  
Vol 2 (2) ◽  
pp. 163-170
Author(s):  
Zuzana Macková
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Welfare State ◽  
Central And Eastern Europe ◽  
Social Rights ◽  
Social Democratic ◽  
Social Standards ◽  
The Social ◽  
Recent Developments ◽  
The Welfare State

Article provides for an overview of core terms, definitions and recent developments in the area of social rights and social security in context of Central and Eastern Europe, with focus on Slovakia. It advocates for protection of social standards through the universalist, social-democratic model of welfare state, in order to uphold and enhance democracy and human rights in the region, with a view of their genuine, daily realisation and enjoyment by everyone and all.

scholarly journals The social doctrine of the catholic church as a foundation for the emergence of the legal regulation in the area of social protection in Europe

2020 ◽  
pp. 353-357
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Human Rights ◽  
Welfare State ◽  
Catholic Church ◽  
Social Protection ◽  
Legal Regulation ◽  
Social Rights ◽  
Holy See ◽  
Social Doctrine ◽  
The Social ◽  
The Catholic Church

The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.

Denmark: The Rise of Fascism and the Decline of the Nordic Model

2018 ◽  
Vol 18 (1) ◽  
pp. 133-145 ◽  
Author(s):  
Jasna Balorda
Keyword(s):  
Welfare State ◽  
Free Market ◽  
Public Support ◽  
Far Right ◽  
Social Democratic ◽  
People's Party ◽  
Social Sphere ◽  
The Social ◽  
Social Agendas ◽  
The Welfare State

Contrary to its conventional image as a social-democratic paragon, the Danish welfare state has, in recent decades, been undergoing significant changes as a response to the intrusion into the social sphere by self-regulating markets and a final departure from Keynesian politics of universalism and solidarity. This article examines the evident decline of the Nordic model as a result of neoliberal globalisation and establishes an association between the erosion of the welfare state and the emergence of fascist political sentiment in Denmark. An analysis of the Danish People's party and its growing public support among the disenfranchised working class communities in Denmark demonstrates how those overlooked by the free market and unrepresented by the liberal left become increasingly more receptive to the proposed social agendas of the far right campaigns.

scholarly journals From duties to rights: revisiting the ‘Social Catholics’ in twentieth-century France

2019 ◽  
Vol 33 (4) ◽  
pp. 587-605
Author(s):  
Marie-Emmanuelle Chessel
Keyword(s):  
Human Rights ◽  
French Revolution ◽  
Social Rights ◽  
Right Wing ◽  
Left Wing ◽  
Social Surveys ◽  
Social Facts ◽  
The Social ◽  
History Of ◽  
Catholic Organizations

Abstract Apropos the history of human rights in France, one spontaneously thinks of the French Revolution and then of left-wing activists, particularly socialists. Their opponents, the Catholics, normally considered to be right wing and usually opposed to socialism, appear as a counterpoint. This article argues that some Catholics, especially those who referred to themselves as ‘social Catholics’, also contributed to the adoption of certain rights, particularly social rights, in France in unexpected and paradoxical ways. Their contribution was made through their social activities, visible in their organizations’ archives more than through their discourse. Social Catholics spoke little of ‘rights’. Yet paradoxically, discourses about ‘duties’ can lead to the defence of rights, especially through the practice of social surveys and the importance of social ‘facts’. Examples are taken from the history of the Ligue Sociale d’Acheteurs, the Union Féminine Civique et Sociale and other French Catholic organizations such as the Secrétariats sociaux.

Universal Credit, lone mothers and poverty: some context and challenges for social work with children and families

2020 ◽  
Vol 8 (2) ◽  
pp. 189-203
Author(s):  
Malcolm Carey ◽  
Sophie Bell
Keyword(s):  
Social Work ◽  
Negative Impact ◽  
Social Rights ◽  
Children And Families ◽  
Welfare Policies ◽  
Lone Mothers ◽  
Paid Employment ◽  
The Social ◽  
The Uk ◽  
Benefit System

Universal Credit is a streamlined benefits delivery system initially introduced in the UK in 2008. Conditionality-based welfare policies are increasingly international in scale, and are now widely adopted by neoliberal governments on the basis that paid employment offers the most efficacious route out of poverty for citizen-subjects. Numerous studies suggest otherwise and highlight their negative impact upon the social rights, lived experiences and attempts to alleviate poverty for claimants. This article analyses the effect of the reformed benefit system and wider workfare policies upon lone mothers, including as a consequence of engagement with an ever-more stigmatising benefit system, and associated risks posed by sanctions or precarious low-paid employment. It highlights some of the consequences for social work with children and families of Universal Credit, including ongoing tensions and challenges created for the profession by the punitive policies of the workfare-oriented centaur state.

scholarly journals FINANCING THE SOCIAL SERVICES OF UKRAINE AT THE PRESENT STAGE IN THE CONTEXT OF BALANCED DEVELOPMENT OF THE TERRITORIES

2022 ◽  
Vol 4 (28) ◽  
pp. 67-74
Author(s):  
Vadym Polischuk
Keyword(s):  
Social Security ◽  
Social Services ◽  
Financial Support ◽  
Social Protection ◽  
Negative Impact ◽  
The State ◽  
Protection System ◽  
Social Sphere ◽  
The Social ◽  
State And Local

Annotation. Introduction. The article investigates the main problems in the field of social protection of the population in Ukraine that require an immediate solution. The theoretical approach to the financial support of the social sphere is considered. The reasons for the negative impact on the implementation of budget policy in the social protection system are investigated. The financing of social protection and social security, health and education from state and local budgets of Ukraine is analyzed. Changes in the system of social protection through the transformation of financing of the social protection system are determined. The purpose of the article. It is worth exploring the financial support of social services in Ukraine in recent years. It is also worth offering possible ways to counteract the underfunding of the social sphere from the budgets of different levels. Results. Formation of national social security in the system of public finance management should be carried out on the basis of the system of fiscal norms and to be focused; to ensure effective forms of supporting various social groups that require social protection; transition to cash provision of welfare; Personal assistance to the state is included in income of individuals and families. Taking into account that wages are still the main source of income in Ukraine, it is necessary to increase its share in income, paying special attention to minimal hourly remuneration. Conclusions. The main reason for the negative impact on the implementation of fiscal policy in the social security system is mainly reflected in the implementation of the budget expenditures approved by the state. In addition, during the research process, we have found that in the state budget of Ukraine, social security expenditures and social insurance funds have increased more than doubled over the past five years, indicating the lack of funds in this area.

scholarly journals Privatization of State Owned Enterprises in The Welfarestate Perspective

2018 ◽  
Vol 54 ◽  
pp. 03008
Author(s):  
Tuti Widyaningrum ◽  
Rike Yunita Budi Hutami
Keyword(s):  
Welfare State ◽  
Analytical Study ◽  
Negative Impact ◽  
The State ◽  
Legal Principles ◽  
The People ◽  
The Social ◽  
The Government ◽  
Privatization Policy ◽  
The Welfare State

This paper proposed an analytical study and investigation about State-owned enterprises (SOEs) privatization policy against welfare state perspective. Other than having an economic impact it also led to a constitutional polemic in Indonesia. So far, privatization of SOEs is considered as the best solution for SOEs to be more productive and efficient when handled by the private sector rather than controlled and managed by the state. However, the negative impact of privatization is not least disadvantageous for the state especially to the people where there are no guarantees and legitimacy from the state responsibility when SOEs has already profit oriented. This research would like to find a new concept of privatization of SOEs in accordance with the welfare state perspective. This research used a normative juridical legal research method. This method was chosen because the object was of norms and doctrines and legal principles related to the title of this research. The Author believes, Privatization has changed the social welfare schemes at as well as distorted the role and responsibilities of the state in realizing common prosperity. The conclusion is the Government should to review all regulations concerning the SOEs privatization and revoke regulations that are contrary to the welfare state principle in Indonesia.

THE BOUNDARIES PROBLEM OF THE 1950 EUROPEAN CONVENTION DYNAMIC INTERPRETATION ON HUMAN RIGHTS ON THE EXAMPLE OF ENSURING THE SOCIAL RIGHTS OF CONVICTS

2021 ◽  
Vol 7 (1) ◽  
pp. 112-125
Author(s):  
Andrew Yu. KLYUCHNIKOV
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Current Approach ◽  
European Convention ◽  
Social Rights ◽  
Dynamic Interpretation ◽  
European Court ◽  
The Social ◽  
The Right ◽  
The Impact

The 1950 Convention for the Protection of Human Rights and Fundamental Freedoms is an instrument for the dynamic development of the human rights system in the member states of the European Council. Such an active formation of the latter is due to the activities of the European Court of Human Rights. However, the case-law of the court is not always accepted in national jurisdictions, especially when it comes to the most sensitive areas of life in modern societies. As the goal of the research, the author sets out the identification of the current approach of this international court to the problem of social rights of convicts, especially in the context of ensuring their social rights. The material for the research was the case-law of the ECHR on the social rights of citizens - with special attention to the rights of persons in places of isolation from society, the legal positions of domestic researchers on the problem posed. The author uses traditional research methods - general scientific and special, with an emphasis on historical, social and legal methods. The paper describes the stages of the international soft law sources formation on penitentiary rules and the impact on this of the ECHR practice in the context of the discrimination standarts prohibition regarding the right of ownership and violation of the forced (compulsory) labor prohibition. A common European standard “the right of a convicted person to retire” has not yet been developed, which has been confirmed in the practice of the ECHR. This decision is due to the need to maintain the effectiveness of the entire convention system, the policy of compromises with states. Through the dynamic interpretation of the ECHR, this right is recognized as an element of the convention rights protection, the convict should be granted an increasing amount of social rights.

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