A “AJUDA” DO PROGRAMA BOLSA FAMÍLIA: REPRESENTAÇÕES DA TRANSFERÊNCIA DE RENDA PARA SEUS BENEFICIÁRIOS

Since the late 1980s, in the political discourses of several European countries the term ‘poverty’ has been gradually substituted primarily by the term ‘social exclusion’ and, to a lesser extent, by the terms ‘social disintegration’ and ‘social marginalisation’. Comprehensive definitions of ‘social exclusion’ used in the academic literature interpret it as the denial of social, political and civil rights of citizens in society or the inability of groups of individuals to participate in the basic political, economic and social functionings of the society [Silver (1994), de Haan (1998)]. In practice, though, policy makers as well as a number of social scientists in EU member-states seem to interpret ‘social exclusion’ as ‘exclusion from the labour market’, ‘acute poverty and material deprivation’ (or both) or, less frequently, ‘inability to exercise basic social rights’ [Mayes et al. (2001), Atkinson et al.(2002)]. Few empirical studies investigating aspects of social exclusion can be found in the literature and, among them, there exists little agreement regarding its proper operationalisation.

The relevance of the article is that the legal status of individuals is a complex legal phenomenon, which for many years has caused intense scientific debate in domestic and foreign legal circles. Rights as one of the elements of legal status – the opportunities that according to current legislation belong to this category of persons – is one of the important aspects in the process of disclosing the issue of social security of self-employed persons in Ukraine. In general, social human rights are a special group of rights – their implementation and enforcement are associated with the establishment of harmonization between the state and society. Man’s realization of these rights ensures his full existence in society. The purpose of the article is to establish the basic social rights of self-employed persons. The relevance of the article is that the legal status of individuals is a complex legal phenomenon, which for many years has caused intense scientific debate in domestic and foreign legal circles. Rights as one of the elements of legal status – the opportunities that according to current legislation belong to this category of persons – is one of the important aspects in the process of disclosing the issue of social security of self-employed persons in Ukraine. In general, social human rights are a special group of rights – their implementation and enforcement are associated with the establishment of harmonization between the state and society. Man’s realization of these rights ensures his full existence in society. The purpose of the article is to establish the basic social rights of self-employed persons. The article analyzes the concept of “social rights”, which is closely related to such as “social protection” and “social law”. The article stipulates that self-employed persons can simultaneously act as subjects-recipients of social security and those persons who actually provide this security. It is concluded that the subjective rights of self-employed persons in the field of social security in general should be noted: the right to demand the provision of one or another type of security (pension, benefits, compensation, social services, benefits) in the statutory amount and in the prescribed manner, and also implementation by the obligated subject of other actions for the purpose of realization by the citizen of all opportunities provided to it by the law. Individual entrepreneurs who act as employers in the field of socially secure relations have the right to: provide additional material compensation, freely dispose of various social funds of the enterprise, and so on. However, if self-employed people can decide on support measures according to their own wishes and abilities, they also need to pay attention to the legal obligations of social security workers in the process of work. Such responsibilities include: insurance premiums, including – on compulsory national pension insurance, the obligation to provide relevant information (on dismissed employees; on the state of labor protection of enterprises, institutions, organizations), etc.

In the development of this research, it is possible to present the performance of the public manager in the Bolsa Família program. With a vast field of activity, the public manager collaborates based on his/her professionalism in the construction of a fair and egalitarian society, promoting values ​​that enable a quality of life, such as accessibility to social projects, educational programs and inclusion. The Bolsa Família program seeks to have an important social meaning, where the families assisted and accompanied by the public manager, where the performance of the same can enable accessibility, clarity and commitment to the users. The program contributes not only with income transfer in order to overcome poverty and extreme poverty, but reinforces basic social rights, allowing these families to go further, being able to have a better future through education and health. The presented research brings together a framework of reflections on the theme, analyzing theorists on the respective subject from a constructive and informative approach. The methodology of the referred work is the result of readings and reflections based on different theorists on the respective theme.

O objetivo deste estudo é abordar a pobreza como privação das capacitações (capabilites) em Amartya Sen e fundamentar a necessária atuação do Estado por meio de políticas públicas para garantir direitos sociais básicos no enfrentamento de períodos de grave crise. Em tempos sombrios, a exemplo da Pandemia Sanitária – Covid-19, demonstra-se a essencialidade e a responsabilidade do Estado em vista do bem comum (art. 1º, III) e a insuficiência do chamado estado mínimo. A CF 88, fundada nos direitos sociais, sintetiza essa prerrogativa. Políticas de assistência integradas demandam a ação coordenada e coletiva, seja dos entes públicos, seja das instituições sociais. A negação dos direitos básicos gera exclusões e impede o desenvolvimento elementar das pessoas. Este estudo, cuja metodologia de abordagem é dedutiva, objetiva abordar a pobreza como privação das capacitações (capabilites) em Amartya Sen e fundamentar a necessária atuação do Estado por meio de políticas públicas para garantir direitos sociais básicos no enfrentamento de períodos de grave crise.

Due to the Good Governance, one of the efforts made is by developing New Public Service paradigm. The implementation of this paradigm can provide service without discrimination, because all services activities carried out by the government are oriented towards providing excellent service, as well as realizing the principle of public service as stated in Law number 25 of 2009 concerning Public Service namely the principle of public interest, legal certainty, rights equality, balance of rights and obligations, professionalism, participative, equality of treatment/non-discrimination, openness, accountability, facilities and special treatment for vulnerable group, timeliness, speed, convenience and affordability. Public service improvement shall obtain the main attention from the government, because public service is basic social rights of the community (social rights or fundamental rights). The juridical foundation of public service on the basic social rights is regulated in the provisions of Article 18 A paragraph (2) and Article 34 paragraph (3) of the 1945 Constitution. In such a way, the Constitution explicitly regulates public service as a form of basic social rights (the rights to receive). The rejection or deviation of public service is contrary to the 1945 Constitution. Therefore, related to the circumstances, the Government shall strive improving the quality of service, among other by way of service innovation by utilizing technological progress. One of the developing technologies today is Big Data technology. There are an opportunity and a challenge for the Government to use it to improve service quality.

Firewalls are clear divisions between border policing and the provision of basic social rights. They have a dual character: to ensure that no information collected with the purpose of safeguarding basic social rights should be shared for immigration control purposes; and that migrants should not be subject to immigration control when being present at, or in the vicinity, of religious, private and public institutions upholding and providing social rights. This article suggests a normative argument for ‘firewalls’ in the context of social work and develops the concept theoretically as a principle practised and negotiated at different scales.

The article examines the constraints that irregular migrants' immigration status exerts on the realisation of their basic social human rights. To this end, the article focuses on the right to health care and undertakes a comparative study of irregular migrants' access to health care in France, the United Kingdom and Canada. The study shows that States perceive the conferment of social rights on irregular migrants as an erosion of the government's immigration power notwithstanding their characterisation as human rights. The resource-intensive nature of the right to health care further heightens States' reluctance to extend this right to irregular migrants. Yet compliance with international human rights law and respect for human dignity require that States reinstate personhood as a source of rights and therefore reassess the relevance of their immigration power.

The article examines the constraints that irregular migrants' immigration status exerts on the realisation of their basic social human rights. To this end, the article focuses on the right to health care and undertakes a comparative study of irregular migrants' access to health care in France, the United Kingdom and Canada. The study shows that states perceive the conferment of social rights on irregular migrants as an erosion of the government's immigration power notwithstanding their characterisation as human rights. The resource-intensive nature of the right to health care further heightens states' reluctance to extend this right to irregular migrants. Yet compliance with international human rights law and respect for human dignity require that states reinstate personhood as a source of rights and therefore reassess the relevance of their immigration power.

For a brief period - during the first half of the 1970s - it appeared as though the fundamental debate concerning the function of basic rights (to a certain extent an individual-oriented reprise of the Rechtsstaat-social state controversy of the 1950s and 1960s was coming down to the alternatives “Basic Rights: (only) Defensive Rights” or “Basic Rights: (also) Rights to Participation and Claims to Performance” Peter Häberle's demand (made at the 1971 Constitutional Law Teachers' Conference) that the base-line substantive legal status of basic rights be supplemented by a“status activus processualis”(in the sense of a “government-performative due process”), and the Federal Constitutional Court's (FCC's) first Numerus-Clausus decision (of 18 July 1972) and its Term Abortion decision (of 25 February 1975), with its recognition of the state's “comprehensive” duty to protect (and promote!) unborn life, all mark advanced positions in theory and judicial decision-making. At the same time, new life was given to the discussion concerning “basic social rights” (such as the “right to work”, “to shelter”, “to education”, “to social security”, etc.), and new and expanded forms of social protection, in short: concerning the concretization of the social state principle. Yet the welfare-state, “social-liberal” reform impulse soon ran up against political-economic limits: the “feasibility proviso” allowed the merely “ideal standard” character of subjective performance rights to become all too quickly apparent.

The article examines some aspects of research into theoretical knowledge about human rights to social protection. Social protection of the population is one of the defining directions of the state’s social policy, the implementation of its social function. Even with the traditional nature of the issues of social protection for sectoral legal sciences, a significant number of general theoretical aspects related to the essence of social protection require careful rethinking and further constructive coverage. The law of social protection is developing on the basis of new concepts and principles. Its scope includes new social relations that were not previously included in the area of legal regulation. In the time since Ukraine gained independence until today, perhaps no other branch of law has undergone such cardinal changes. The social function of the state is diverse in content and significant in the scope of its activities. Its main purpose is to eliminate or mitigate possible social tension in society, to equalize the social status of people, to develop healthcare, education and culture. This clearly reflects the goal of the state - to ensure a decent existence for a person, free development of the personality, protection of the family, social justice and social security. The main content of the social function of the state is socio-economic human rights. The formation of the concept of human rights and the social state are considered as two mutually dependent processes, because the formation of a social legal state was historically and logically preceded by the recognition of the concept of human rights and freedoms. In legal literature, the basic social rights and freedoms of a person and a citizen are understood as a set of constitutional rights of a person (or only a citizen of a particular state), which enables his claims to receive certain material benefits from the state under appropriate conditions. The basic social rights and freedoms of a person are designed to ensure the last decent standard of living, the right to work, the right to housing, the right to free medical care, etc. One of the social rights that the state guarantees and must ensure is the right to social protection. However, the implementation of rights in the field of social protection requires the state not only to proclaim such rights, but also to foresee a legal mechanism for their provision (specific grounds, conditions and procedure for exercising the right, obligated subjects) and a financing mechanism. It should be noted that the legal mechanism for the implementation of human rights in the field of social protection has significant differences in states of different socio-economic orientation. It is noted that social protection is associated with the social policy of the state, which is implemented in the interests of the main social groups of the population. Therefore, social policy is understood as the purposeful activity of clearly defined subjects, primarily the state, aimed at regulating social relations, social needs and interests of various groups of the population, related to ensuring their well-being and personal development.

The theory of rights is crucial as a means of relieving the tension between basic rights and democracy, and as a means of resolving the problem of allocating competence between the constitutional court and the legislature. To some theorists, no tension between basic rights and democracy exists, for the latter presupposes the former. To others, among whom I include myself, tension does exist, for basic rights, in lending protection to certain persons and groups, limit the possibilities of political decision. In this connection it is important to take up the problem of the necessary conditions for realizing basic rights. One of these conditions concerns the delimiting of the scope of institutional action that is found, so to speak, in the space between the constitutional justices and the legislature, the latter as representative of the popular will.

In Macedonia as across the Balkan region, individual continue to face difficulties with the basic social/economical rights and protection. These violations include unequal access to employment and healthcare, education, and under-representation in decision-making bodies. The wel-fare state is a concept of government in which the state plays a key role in the protection and promotion of the social and economic well-being of its citizens. It is based on the principles of equality of opportunity, equit-able distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions for a good life. In Macedonia there is a considerable discrepancy between the laws which guarantee basic social and economical rights, and the actual legal practices or implementation of such laws, especially in rural areas. In this paper, I will make two points: first, I will underscore the links between Social Welfare State, the discrepancy between laws and the actual practices in relation to social rights and protection, and the need for institutionalized legal policies to combat such inconsistencies; and second, I will argue that the State needs to implement legal changes in Macedonia to combat un-equal social protection in which violence basic human rights of citizens. With reference to the legal framework of Macedonia, I will use the Macedonian case to argue that legal reforms and the social-democracy of the state since 1990/91 have not fundamentally transformed the system, but rather have supported the continuation of violence of basic social and economical rights.

While the Basic Law, in a departure from the Weimar Constitution, does not recognize any basic social rights, but only the welfare state principle, the opposite is true in South Korea. However, this difference loses significance at the level of interpretation, since the various basic social rights in South Korea are formed into a general welfare state principle. This paper attempts to compare the welfare state in South Korea and Germany. The reasons for the considerable differences that nevertheless exist between the two legal systems with respect to the welfare state are elaborated.

However the project of the European Community (EC) is conceived - whether it be simply as a move toward deregulation in keeping with a neoliberal agenda, or toward organizing and planning an integrated society complete with basic social rights - it entails important implications for gender relations. At stake is whether European women will be defined as other than workers or dependants. Currently women in Europe (as in many other places) are located predominantly in the secondary labour market - in part-time, temporary, and insecure employment. Among all EC women in employment, most have jobs in the service sector. They tend to be paid lower wages, have fewer fringe benefits and experience higher levels of unemployment.

As Christine Chinkin once asked, is poverty an international legal problem? Answering positively to this question, as Chinkin does,raises interesting questions for all those engaged in the international fight against poverty and extreme poverty. If poverty is a human rights issue, the quest for the eradication of poverty must be resolved accordingly to human rights substantive and institutional standards. Human rights can serve as a powerful qualifier for any strategy aimed at eradicating poverty. Human rights are not only about quantifying basic needs. They speak to the core of human dignity by asking for political, democratic, material and economic changes that respond and respect the standards set by human rights instruments. They call upon state and non-state actors to meet their obligations as duty-bearers to the benefit of rights-holders. Yet, in the land of poverty eradication strategies, everybody is not pulling in the same direction. If nobody nowadays denies the relevance of a human rights framework, some are tempted to play ”pick and choose” from the basket of interdependent human rights established by a set of human rights instruments, general principles of international law and jus cogens as well. This opportunistic approach to human rights is dangerous. First, it carries the risk that the politics of poverty priorizes certain rights and liberties at the cost of denying the principle of interdependency, embedded in the human rights theory. Secondly, it also could move the analysis of poverty as a human rights violation over to a parallel track where political institutions and actors do not pay sufficient attention to treaty body monitoring work. This paper wishes to explore such questions in an historical perspective, Part (1) will quickly survey the history (1970-2000) of the building of an institutional relationship between poverty and economic and social rights. Part (II) will illustrate how poverty and extreme poverty became a constant preoccupation of Treaty bodies’ mechanisms, which found, in case after case, reasons to state and unfold the relation between human rights violations and poverty. Part (III) proposes that economic and social rights, and more specifically the CESCR (UN International Covenant on Economic, Social and Cultural Rights), are at the core of the analysis suggesting that poverty is a human rights’ violation. It also proposes a methodological approach to economic and social rights violations, which can support the claim of the interconnection between poverty, extreme poverty with economic and social rights violations. Part (IV) will focus on the multiple institutionalization requirements of those rights at the national and international levels. Finally, Part (V) will explore the question of States’ responsibility toward non-State actors in an era of globalization and neoliberalism as far as the protection and the promotion of social rights are concerned. This document is aimed at showing the necessity, and the promising methodology, of paying specific attention to the requirements of economic and social rights in the contextof the fight to eradicate poverty. In addition, this paper hopes to contribute towards resolving the confusion between the political and the legal approaches that are nevertheless both required in order to eradicate poverty and extreme poverty.