The role of the law of regional organisations in reforms of social protection systems: Portability of social security benefits in the East African Community

2018 ◽  
Vol 8 (8) ◽  
pp. 2498
Author(s):  
Gulzhan N. MUKHAMADIYEVA ◽  
Gulyiya MUKALDYEVA ◽  
Zhanar T. KARASHEVA ◽  
Amangeldy Sh. KHAMZIN ◽  
Yermek A. BURIBAYEV ◽  
...  

The main idea of the study is to substantiate legislative proposals, recommendations on the introduction in Kazakhstan of the standards of social protection systems of OECD member countries. As a result of the research, conclusions were drawn up aimed at improving the norms of the current legislation and law enforcement practice, and on modernizing measures to implement social policy in the context of the process of the progressive development of Kazakhstan as a social state. The purpose of the article is to develop recommendations, proposals focused on the further development of the legal framework of the social sphere in Kazakhstan as a perspective orientation of legal science and as the most important mechanism for implementing a number of constitutional human and citizen rights. The purpose of the study is limited to four main areas, namely the analysis of social protection systems of OECD countries in the event of the following social risks: disability, poverty, retirement age, and social security guarantees for the family and the child. The applied objective of the work is related to the justification and elaboration of a set of proposals to improve the current social legislation, proposals to increase the effectiveness of state social policy, to introduce the standards of OECD countries in the field of social protection into Kazakhstan's domestic law. Targeted users of the research results are the interested state bodies, the scientific community, students, undergraduates, doctoral students, a wide range of persons interested in the problems of legal provision of state social policy, social human rights.


Author(s):  
Aurelio Fernández López

Social protection systems are in a major process of transformation. Solutions from the past are no longer valid, or at least valid without important adaptations, to address future adequacy, sustainability, and quality of social protections systems. Ageing, changes in the world of work and in the evolving aspirations of citizens will impact, even more than today, on the features of the welfare of the future. Supporting a social investment approach in the agenda of modernization to be pursued, which recognize the relevant role to be played by social innovation, will be a key aspect of the reforms that are needed. ICTs would help in ensuring cost effective services, reducing fragmentation, and favouring integrated social services. This will be, no doubt, a multi-faceted and complex process, but there are choices that can make a difference in maximizing the potential that ICT, s can bring: An adequate leading role of public authorities and institutions at different territorial levels; a full involvement of all relevant stakeholders in a framework of reinforced and changing relationships; and a strategic outcome-based approach, supported by evidence-outcomes will contribute to unleash this potential. This article analyses, based on relevant successful experiences, some of the major interactions involved in the development and translation of enabling-ICTs to the fulfilment of social policy objectives.


IDS Bulletin ◽  
2021 ◽  
Vol 52 (1) ◽  
Author(s):  
Jeremy Lind ◽  
Keetie Roelen ◽  
Rachel Sabates-Wheeler

The Covid-19 pandemic has brought sweeping changes for economies and societies, with the most devastating consequences for individuals and groups with pre-existing vulnerabilities. As attention shifts from addressing urgent humanitarian needs to long-term response, it is time to think about the role of social protection as part of a longer-term solution to living with Covid-19, as well as supporting efforts to build back better. This article considers how social protection can offer support and be supported in short‑, medium-, and long-term responses, under different scenarios for how the pandemic might unfold. Based on a secondary literature review, we argue that planning must anticipate the possibility of an enduring pandemic and that the expansion of social protection should not be limited to a short-term response. Rather, Covid-19 presents a necessity and opportunity to establish firm foundations for more comprehensive social protection systems for years to come, including leveraging greater domestic expenditure and international assistance.


2019 ◽  
Author(s):  
Gibran Cruz-Martinez

This is the introductory chapter of the book Welfare and Social Protection in Contemporary Latin America. The purpose of the book is threefold: (i) to present a historical and theoretical analysis of social protection systems and welfare regimes in contemporary Latin America; (ii) to discuss the politics of contemporary social protection and how national/global actors and institutions shape social policy in the region; and (iii) to examine several debates on social protection and welfare systems in contemporary Latin America. The chapter presents state-of-the-art research in the areas of social policy and welfare that is examined in each of the three parts of the book. What do we know about welfare regimes in Latin America? What do we know about the role of (f)actors shaping social protection development and inclusion? What do we know about recent debates regarding social protection and welfare in Latin America? Particular attention is paid to the contribution made by chapters in this edited volume to the social policy literature. The chapter finishes with a description of the content and results of each chapter in this edited volume.


2017 ◽  
Vol 62 (1) ◽  
pp. 25-50
Author(s):  
Archibold Ombongi Nyarango

AbstractKenya's 2010 Constitution marks the first time that treaty law has been constitutionally declared part of Kenya's domestic law. However, the laconic drafting of the relevant provision leaves unanswered questions about the role of treaties. This article seeks to answer some of those questions, addresses conflicts between treaties and other laws, and concludes that treaties can be directly enforceable in domestic law unless they are expressly non-self-executing. Furthermore, domestic courts must apply treaties in accordance with the constitution, although the article also addresses the problems that this causes with article 103 of the UN Charter and the East African Community Treaty. Treaties that are applied directly domestically should be considered at a par with statutes enacted by the national Parliament and prevail over county laws. Human rights treaties should carry greater weight than conflicting statutes. Where a treaty is implemented into domestic legislation, the “parent” treaty should prevail where there is a conflict.


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