scholarly journals The Right To Social Security Under International Law

2016 ◽  
Author(s):  
Seyed Ghasem Zamani ◽  
Ali Azadd Evin
Keyword(s):  
Social Security ◽  
International Law ◽  
The Right

Protection of the right to social security of the migrant worker in international law

2021 ◽  
Vol 8 (2) ◽  
pp. 104-148
Author(s):  
Kehinde Anifalaje
Keyword(s):  
Social Security ◽  
International Law ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Human Right ◽  
Number Of Factors ◽  
The Social ◽  
Domestic Legislation ◽  
The Right ◽  
International Instruments

The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.

Gender, poverty and the development of the right to social security

2014 ◽  
Vol 10 (4) ◽  
pp. 460-477 ◽  
Author(s):  
Beth Goldblatt
Keyword(s):  
Social Security ◽  
International Law ◽  
Women's Work ◽  
Limited Attention ◽  
Gender Perspective ◽  
Women’S Work ◽  
Substantive Equality ◽  
The Right ◽  
The Relationship

AbstractThe international right to social security has been given limited attention as a vehicle for addressing women's poverty. This paper highlights some of the issues shaping women's poverty globally that require a more responsive right to social security. It discusses the nature and purpose of social security and examines the international law relating to this right, arguing that recent interpretations lack an adequate framework for ensuring women's interests are fully accommodated. The paper challenges the relationship between the right to social security and traditional conceptions of work that exclude women's labour. It also argues that the right must have application at the transnational level if it is to address the changing nature of women's work. Drawing on ideas of substantive equality, it proposes an approach to the development of the right from a gender perspective including a set of principles to be followed in applying the right.

scholarly journals Refugee Question and The Right to Work and Social Security of Refugees in Turkey

2016 ◽  
Author(s):  
İbrahim Aydınlı
Keyword(s):  
Social Security ◽  
Policy Implementation ◽  
International Law ◽  
The Political ◽  
Huge Number ◽  
Short Term ◽  
Transit Country ◽  
Right To Work ◽  
The Right

Turkey faces various problems because of her distinctive geo-strategic importance have made her a transit country. The most important of those are migrations towards Europe due to socio-economic disasters like starvation, poverty or unemployment as well as geopolitical disasters like war or internal turmoils. Although the political and economic dimensions of migration are prominent, these are not the focus of this study. The issue in here is to identify whether immigrants, whose number has almost reached almost five million as wars and political chaos within neighbouring countries have forced a huge number of people to flee to Turkey, have right to work and social security according to the Turkish law. In this vein, the paper aims to clarify the content of the right to work and social security for immigrants in the long-term, instead of the short-term social assistances in accordance with human rights and social policy implementation in Turkey. For doing so, the paper firstly deals with Turkey’s commitment to the international law. Secondly, it analyzes the regulations related to the right to work and social security within the national law. Finally, the paper discusses the problems occur during the implementation of law and regulations and suggests solutions for overcoming such problems.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model

2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller
Keyword(s):  
International Law ◽  
Municipal Services ◽  
International Convention ◽  
Cultural Rights ◽  
Substantive Content ◽  
Convincing Case ◽  
Close Proximity ◽  
Review Model ◽  
The Right ◽  
Right Of Access

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

Sign in / Sign up

Export Citation Format

Share Document