scholarly journals The social dimension of the modern legal realities

Author(s):  
Nataliia Onishchenko

We would like to note that the experience gained shows that the functioning of the legal system in the “regular mode” and inextreme conditions have, of course, significant differences: including, and perhaps primarily in the protection of rights, freedoms andlegitimate interests man.It is axiomatic, and this has been confirmed in practice, that it is social human rights that are the defining “concern”. A fewremarks are not so much a textbook textbook on the development of these rights, but on the segments that indicate the need for today’sactualization of their provision and protection.Finally: the purpose of social policy is to ensure the material well-being of citizens, to achieve stability and security of life insociety, the integrity and dynamism of its development. It is known that society remains calm and stable, when the number of dissatisfied or disagree with public policy is not more thantwenty percent of the population.In addition, the implementation of “sound” social policy is impossible today without the following statements: it is important toemphasize that to ensure the practice of social human rights it is necessary to doctrinally develop and implement the category (socialresponsibilities) including social responsibility: state, business, each member civil society. Without proper, corresponding rights to raisethe question of proper social rights, it is neither possible in the theoretical sense nor in the practical sense.

2020 ◽  
Vol 338 ◽  
pp. 265-275
Author(s):  
Daniel Zimmermann

In July 2019 the new president of the European Commission, Ursula von der Leyen, presented her guidelines for the period of presidency 2019-2024. While most proposals perpetuate the current reform agenda, the focus on the social dimension of the single market is remarkable. Von der Leyen has not only announced the full implementation of the European Pillar on Social Rights, but also highlighted new investment in digital competences seen as a key to competitiveness and innovation of the European economy. This paper will discuss whether the dynamics of the digital single market could lead to a new impetus on EU social policy and on European funding of training programmes. Therefore, an overview of significant funding programmes promoting digital skills is given.


2015 ◽  
Vol 22 (1) ◽  
pp. 39-67
Author(s):  
Sylvie Da Lomba

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.


2015 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Ademir Alves da Silva

No contexto das iniciativas de denúncia e de combate à “cultura anti-idoso”, marcada pelo preconceito e a segregação, este texto consiste em uma abordagem crítica dos principais aspectos da Política Social Brasileira para as Pessoas Idosas, destacando os marcos legais e as manifestações da sociedade civil, especialmente nas duas últimas décadas, em defesa dos direitos sociais dos idosos, a partir do Estatuto do Idoso. Os quadros-sinóticos utilizados devem-se à natureza didática do texto, elaborado sob o propósito de subsidiar decisões técnico-operativas na área em questão. Abstract: Among initiatives to denounce the “anti-elderly culture”, marked by prejudice and segregation, this text consists of a critical approach of the main aspects of the Brazilian Social Policy for the Elderly People. It highlights legal texts as well as civil society manifestations, especially in the last twenty years, in favor of the social rights of the elderly. It adopts the Statute for the Elderly as the most important reference. Synoptic panels are used due to the didactic nature of the text, written with the purpose of giving subsidies for both technical and operative decisions in the field under discussion.


Author(s):  
Lyudmyla Bogachova ◽  
◽  
Tetiana Herhulenko ◽  

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.


Author(s):  
Horacio Javier Etchichury

ResumenEl texto analiza el alcance de la noción de universalidad en la titularidad de los derechos sociales contenidos en la Constitución argentina. Tras revisar la formulación de esa noción en el texto constitucional argentino y en los tratados de derechos humanos de igual jerarquía, el texto explora sus consecuencias respecto del diseño de políticas públicas, ponderando las modalidades focalizadas y condicionadas. Se propone revisar las políticas según su compatibilidad con el principio de universalidad. AbstractThe article analyzes the notion of universality in social rights entitlements under Argentina’s Constitution. After reviewing how this notion is phrased in the Constitution and binding human rights treaties endowed with constitutional rank, the article looks into the effects of universality in public policy design, implementation and appraisal. In particular, the article assesses targeted and conditional policies. Finally, the text advocates a policy revision according to consistency with the principle of universality.  


Author(s):  
Mykhailo Shumylo

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.


2020 ◽  
Vol 19 (1) ◽  
pp. 97-112
Author(s):  
Herry Susanto

Salah satu unsur penting dalam pelayanan gereja yang terabaikan adalah peran sosial gereja untuk mewujudkan kesejahteraan. Padahal warga jemaat berhadapan dengan berbagai isu sosial. Salah satu yang cukup krusial adalah kemiskinan. Dalam upaya merevitalisasi pelayanan gereja, salah satu yang perlu diwujudkan adalah integrasi antara kepedulian sosial dan pelayanan gereja. Artikel ini akan menjelaskan bahwa gereja memiliki panggilan dan tanggung jawab sosial. Fondasi bagi gagasan ini adalah karakteristik pelayanan Yesus yang termuat dalam Lukas 4:18-19, yang merupakan kutipan dari Yesaya 61:1-2; 58:6. Berdasarkan penggunaan Yesaya 61:1-2 yang dikombinasikan dengan Yesaya 58:6, artikel ini menunjukkan bahwa penulis Injil Ketiga memodifikasi kutipan tersebut untuk memperkuat karakteristik sosial dalam pelayanan Yesus. Dimensi sosial pelayanan Yesus merupakan landasan penting untuk membangun pelayanan gerejawi yang memiliki kesadaran sosial untuk membentuk kehidupan umat secara menyeluruh. Dalam menguraikan gagasannya, artikel ini akan menerapkan metode kualitatif yang berorientasi pada studi literatur dan analisis hermeneutika. Adapun pendekatan hermeneutika yang akan diterapkan berfokus pada pembacaan Injil sebagai biografi Yunani-Romawi. Prinsip-prinsip yang umum digunakan dalam metode kritik naratif juga akan diterapkan. Karena adanya kutipan dari Kitab Yesaya, pendekatan hermenutika yang digunakan juga akan menganalisis cara penulis Injil Ketiga menggunakan teks Yesaya tersebut. Artikel ini akan berfokus pada tiga aspek, yaitu karakteristik sosial Injil Ketiga, karakteristik sosial pelayanan Yesus berdasarkan Lukas 4:18-19, dan implikasi dimensi sosial pelayanan Yesus bagi upaya revitalisasi pelayanan gereja. One important element that neglected in church ministry is the social responsibility of the church in realizing the well-being of the community. Whereas the congregation is dealing with various social issues. One that is quite crucial is poverty. In an effort to revitalize church ministry, one that needs to be realized is the integration of social care and church ministry. This article will explain that the church has social calling and responsibility. The foundation for this idea is the characteristics of Jesus' ministry conveyed by Luke 4:18-19, which is a quotation from Isaiah 61:1-2; 58:6. Based on the use of Isaiah 61:1-2 combined with Isaiah 58:6, this article shows that the writer of the Third Gospel modified the quotation to strengthen social characteristics in Jesus' ministry. The social dimension of Jesus' ministry is an important foundation for building church ministries that have social awareness to shape the lives of believers holistically. This article will apply qualitative methods that focus on literary study and hermeneutical analysis. The hermeneutical approach applied here focuses on reading the Gospels as Greco-Roman biography. The principles commonly used in narrative criticism will also be applied. Because of the quotation from the Book of Isaiah, this article will also analyze the way the writer of the Third Gospel used the text of Isaiah. This article will focus on three aspects, namely the social characteristics of the Third Gospel, the social characteristics of Jesus' ministry based on Luke 4: 18-19, and the implications of the social dimension of Jesus' ministry for revitalizing church ministry.


Author(s):  
Svetlana Nikolaevna Ispulova

The article is devoted to the main models and ways of forming social well-being as an indicator of the social state. The author draws attention to the ongoing measures of social support for economically disadvantaged citizens in Russia and the United States.


2021 ◽  
pp. 900-920
Author(s):  
Ian Gough

This final chapter concentrates on global environmental challenges to rich-country welfare states: climate breakdown and associated ecological disasters. These common threats add two new raison d’êtres for welfare states: first, that the security and equity they seek should be sustainable through time; second, that their scope is broadened to take account of global equity and well-being. With a few notable exceptions, these fundamental questions have been ignored in the social policy community. I argue here that we need to transform our understanding of social policy in four ways, each more difficult than the previous one. First, we need to develop novel eco-social programmes to tap synergies between well-being and sustainability via transformative investment programmes such as a Green New Deal. Second, we need to recompose consumption in rich countries in two ways: to realize the best principles of the welfare state by extending the range of universal basic services and to work towards a private ‘consumption corridor’ to end waste, meet basic needs, and reduce inequality. Third, we must develop strategies of ‘reduce and redistribute’ to adapt welfare systems for a future of slower, if not negative, economic growth. And finally, we need to develop a global equity framework to meet climatic and ecological threats in a globally just way that recognizes current international inequalities.


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