Implementation Of Social Rights Research Articles

The public budget as a limit for the implementation of social rights: analysis of social rights from the perspective of reserving the possible

This paper analyzes the promotion of social rights as a fundamental objective provided for in the Constitution of the Republic, which must be promoted by the public power as a way of promoting citizenship and human dignity. The promotion of fundamental social rights requires large sums of public resources, which are insufficient to fund all public policies. The postulate of the theory of reserve of the possible establishes that the State must use reasonable criteria and give the greatest possible effectiveness to social rights in the measure of available financial resources. Public Budget is an institutional guarantee of the stability of the Public Power, essential for the development and balance of the State's financial activity.

Introduction: Marshall in Brussels? A new perspective on social citizenship and the European Union

This introductory article to the Special Issue Marshall in Brussels? A new perspective on social citizenship and the European Union first argues that there is a need for a novel systematic framework that captures the increasingly complex web of relationships between the European level and the national and local levels in the creation and implementation of social rights. It then summarizes the contributions of the articles included in the Special Issue, starting with the first article that provides such a novel framework, a power resource-based and multi-layered conception of social rights which looks at social rights as bundles of three key power resources: normative, enforcement and instrumental resources. It then shows how the other articles apply this framework when analysing a variety of issues related to European social citizenship. Finally, it sums up the main contributions of the Special Issue: its contribution to the further development of power resource theory; to the theory of social citizenship; and to capturing how social rights in the EU increasingly result from the creative assemblage of different resources provided by different actors and levels of government, resulting in a ‘marble cake’ pattern akin to that existing in historical federations like the US or Switzerland.

Social Rights in Comparative Constitutional Law: Right to Health in the Perspective of the Brazilian and German Constitutional Courts

This article deals specifically with the current phenomenon of the judicialisation of social rights in Brazilian and German Constitutional Courts, taking as practical example the right to health. A progressive increase in the number of lawsuits in Brazil involving health insurance plans, expensive and experimental medicines and hospital admissions has been noted in the last years. The main obstacles to the judicial realization of social rights in Brazil are the alleged violation of the principle of separation of powers – branches of state – for decisions regarding the allocation of public financial resources, the absence of a previously prepared public policy and the impossibility of universalizing social demands due to economic-financial limitations. Nevertheless, the legal categories of the ’existential minimum’ and the ‘duty of progressivity’ have been used in the most recent decisions of the Brazilian Supreme Court as a way of realising social rights under strong influence of the German Federal Constitutional Court and international human rights law. Finally, the situation of Brazil before the Inter-American Court of Human Rights regarding the implementation of social rights in a structural context of exclusion and poverty is analysed.

Social policy in Ukraine during the Covid-19 pandemic and its impact on public finance

The Purpose of the article: research and analysis of social policy in Ukraine during the COVID-19 pandemic and its impact on public finances. Methodology: dialectical method of cognition of social phenomena, logical-semantic and formal-logical methods, special-legal method. Conclusions and results: it is noted that an important aspect is the implementation of social policy based on distributivity, that is, competent authorities being able to conduct their activity on the basis of redistributive processes aimed at overcoming socio-economic inequality among different segments of the population. Emphasis is placed on the effectiveness of introduction of a remote form of work that enables employees to continue to perform their duties. The growing level of digitalization of public services is justified. The introduction of a range of measures to support the population and business in Ukraine since 2020 has been studied. It is found that social support of citizens in this period can be considered in two aspects, as direct and indirect. Direct social support is a set of measures taken by the government to ensure the implementation of social rights of citizens by increasing the amount of social benefits. Indirect social support of citizens should include measures taken by the government to curb unemployment.

UNIFICATION OF THE LEGISLATION OF SOCIAL PROTECTION OF THE MILITARY SERVANTS OF THE ARMED FORCES OF UKRAINE AND PERSONS EQUALIZED TO THEM

ANNOTATION: the Paper is devoted to the study of the problem of systematization of legislation in the field of social protection of servicemen of the Armed Forces of Ukraine. It is noted that the system of social protection of servicemen of the Armed Forces of Ukraine and its legal regulation are chaotic, and do not have a proper conceptual sense. The main directions of reform are analyzed, in particular, adjustment of the content of social and control; systematization and codification of protection of military personnel; improvement of the mechanism for ensuring such social protection legislation on social protection of military personnel; the main problems of reform are highlighted. Significant influence of the political components, to regulate the social protection of servicemen, particularly by the Government can in the implementation of delegated authority, and the consequences of such influence on the implementation of the social rights of servicemen. The interaction of General and special rights of military personnel in the field of social protection is analyzed from the point of view of lack of systematization and inconsistency of legal regulation of such rights of military personnel of the Armed Forces of Ukraine and the mechanism for their implementation. In the article the conclusion about necessarity of creation of a Code of social protection of the military personnel of the Armed forces of Ukraine was made. The purpose of Code of social protection of the military personnel of the Armed forces of Ukraine is not only to systematize, but also to establish a mechanism for effective regulation and ensuring the implementation of both General and special social rights of military personnel of the armed forces of Ukraine. The General structure of the Code, and the main thematic areas for the content of its sections, as well as mandatory components that determine the mechanism of its action, are proposed.

Removal of military servants and members of their families from the registration of needs of improvement of housing conditions in the event of departure to a permanent local location

Problem setting. The relevance of this study is, first of all, to cover issues related to the protection of the right to housing of a serviceman when deregistering him, in order to improve the legal framework, which, in turn, is one of the legal means to ensure the practical implementation of the right to housing serviceman and members of his family. The issue of protection of housing rights of those servicemen who did not receive living space in the settlement where they were registered as in need of better living conditions, moved to another settlement for permanent residence, and as a result were removed from this registration. Target of research. Since the right to housing is one of the constitutional rights of citizens, we will carry out a critical scientific analysis of the constitutionality of the provisions of paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR and the “modernity” of the requirements of the Housing Code of the Ukrainian SSR and other regulations on the provision of housing for servicemen and members of their families, if they are removed from the list of those in need of better living conditions. and became the purpose of this article. Аnalysis of recent researches and publications. A.R. Melnyk drew attention to the problematic aspects of providing servicemen and members of their families with housing according to the housing legislation of Ukraine, which established what housing is. L. O. Moses considered such a social value as the provision of housing for a serviceman. A.V. Minaev points to the need to solve the problem of housing for servicemen. L.P. Bear analyzes the implementation of social rights and freedoms of servicemen for housing. Article’s main body. As the issue of providing housing for servicemen registered as in need of better housing conditions has not been resolved by the Government before January 1, 2005, there is reason to believe that paragraph 19 of the Regulation on Privileges for Conscripts applies to this issue, persons discharged from military service and their families, approved by the resolution of the Council of Ministers of the USSR of February 17, 1981 № 193. But for paragraph 2 of Part 2 of Art. 40 Housing Code of the Ukrainian SSR, citizens are removed from the housing register and excluded from the lists of persons who enjoy the right of first refusal of housing, if they moved to a permanent place of residence in another locality and, therefore, lost this right. Conclusions and prospects for the development. In summary, we outline the following points. First, the provisions of the Housing Code of the Ukrainian SSR meet the requirements of clarity, clarity, unambiguity of law, are provided for the legal consequences of their application, so do not contradict Part 1 of Art. 8 of the Constitution of Ukraine, Part 2 of Article 24 of the Constitution of Ukraine and Part 2 of Art. 47 of the Constitution of Ukraine. Secondly, substantiating compliance with paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR, we argue that these provisions comply with the provisions of Part 2 of Article 24 of the Constitution of Ukraine because the rights and freedoms of citizens enshrined in laws and regulations are equal. Compliance with paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR and indicate in relation to Part 2 of Art. 47 of the Constitution of Ukraine, a former serviceman who could be provided with living space in accordance with paragraph 19 of Regulation № 193. Third, if we consider the “modernity” of the Housing Code of the Ukrainian SSR in 1983, it certainly needs updating through the adoption of the draft Housing Code of Ukraine at the legislative level. In addition, the failure of the Government of Ukraine to resolve the issue of providing servicemen with living space requires the application of paragraph 19 of Regulation № 193, and Art. 40 of the Housing Code of the Ukrainian SSR, item 2 part 2 of which it is determined that citizens are removed from the register of those in need of better living conditions in case of departure to a permanent place of residence to another locality. It should be acknowledged that the mechanism of providing ex-servicemen with housing registered with citizens in need of better housing conditions by January 1, 2005 is imperfect.

What Is Solidarity About? Views of Transnational Organisations’ Activists in Germany, Poland, and Greece

The notion of solidarity plays an important role in debates about the future of Europe. Yet, it can be used in a diverse or even contradictory manner as contemporary discussions about refugees in Europe or the implementation of social rights at the EU-level well illustrate. While the focus of public attention is often on political leaders, the goal of this article is to deepen our knowledge about the understanding of solidarity by its practitioners at the grassroots-level of solidarity work. Our study is based on 97 individual interviews with representatives of transnational solidarity organisations (TSOs) located in Germany, Poland, and Greece. We show how their understanding of solidarity varies across three basic themes: the rationale of action, the scope of beneficiaries, and relations with and among beneficiaries. Most strikingly, our research reveals that the core understanding of solidarity among the TSOs under review reflects a progressive, transnational type of solidarity that emphasises universalism, connection-building between targets of solidarity and establishing group identities based on collective action and not pre-defined features. At the same time, our study shows how TSOs adapt to complex country- and field-specific contextual conditions.

To the issue of the content of the principle of address in the law of social security

Problem setting. In recent years, as a result of legislative activity, many new legal principles have emerged that guide the legal regulation of the social sphere and indicate the general directions of the implementation of social rights. As a result, there is both a theoretical and a practical need to clarify their content and streamline the principles of social security law throughout the system. Characterizing the principles of social security, it should be noted that today there are many classifications of sectoral principles and those that were developed in Soviet times, and those that are more or less focused on the specifics of today. Some principles disappeared, losing their relevance and ceasing to affect all social security; others, on the other hand, have become more and more confident in the system of sectoral principles, having barely appeared in social security legislation. One such principle is the principle of targeting. Analysis of recent researches and publications. Problems of providing targeted assistance in their scientific works were studied by such scientists as O. O. Bogdanova, T. Z. Garasimov, A. Gladun, S. V. Kudlaenko, O. V. Moskalenko, I. Yu. Khomych, T. Yu. Khrenova, O. Chutcheva, O. M. Yaroshenko and others. Target of research – to find out the content of the principle of targeting in the law of social security and to determine its place in the mechanism of legal regulation of the law of social security in modern conditions in the implementation of social rights. Article’s main body. Targeted social protection in general is aimed at determining the real standard of living of persons seeking social assistance, their real need for social assistance. It is a characteristic tool of social programs to combat poverty, which allows to achieve a significant effect by qualitatively identifying the criteria characteristics of “beneficiaries”. The main advantage of the targeted social protection system is, firstly, the more efficient use of available limited budget funds to provide social assistance to the most vulnerable categories of citizens; secondly, most of such funds are spent on poor citizens. Therefore, addressing the system of social protection of vulnerable groups can, on the one hand, significantly increase the ability of this system to provide social assistance and services to those who really need it, and on the other – to prevent access to budget funds for state social assistance and provision of social services to those to whom it is not intended. This, in turn, will reduce the overall cost of social assistance programs at the state and regional levels, which is an important factor given the limited financial resources. Conclusions and prospects for the development. The principle of targeting social benefits, taking into account the financial situation of a particular person in a particular life situation, recognized by the state society as socially respectable, will contribute, on the one hand, more effective implementation of social rights, as it will take into account the specific life situation and, on the other hand, without limiting the volume and types of social benefits already provided by the current legislation, will promote a more rational distribution of funds from public consumption funds. Targeted social protection should be aimed at determining the real standard of living of persons seeking social assistance, their real need for social assistance

Rights to Weapons: Rights as a Resource in Workplace Conflicts in Late Socialist Bulgaria

Social rights are essentially rights to the betterment of life. And because of this, they lack any internal principle of limitation. Socialist governments recognized social rights as the core of human rights and therefore as legal rights, the implementation of which was a matter of obligation rather than policy. However, since the governments commanded limited resources, they had to limit the implementation of social rights. The article describes the ad hoc limitations on the implementation of social rights, developed by the Bulgarian Communist Party, which brought forth their transformation into instruments of government, and their appropriation by different forms of counter-conduct.

Controle jurisdicional de políticas públicas no brasil: alguns parâmetros para a atuação do judiciário na concretização de direitos fundamentais sociais

O presente trabalho tem por objeto o estudo do exercício de cada uma das funções-poderes estatais, verificando a prevalência de uma sobre a outra, ou porque tal exercício seja demasiado, de modo que um dos Poderes passe a superar os outros, ou porque os outros não dão ao exercício a intensidade que seria normal. Em um país de Modernidade Tardia, como o Brasil, a ineficiência de políticas públicas básicas leva, sem dúvida, a uma judicialização de questões afetas à concretização dos direitos sociais. Constatou-se que esse ativismo judicial, calcado e plasmado na esteira do pós-positivismo, vem encontrando frontal resistência na classe política, que se insurge contra os supostos ataques do Judiciário, àquilo que chama de soberania do voto, para fazer referência à legitimidade dos atos dos administradores, porquanto fundados em mandato de representação política democraticamente conquistada. O procedimento metodológico adotado consistiu no estudo de casos da jurisprudência, em especial da Suprema Corte brasileira, a qual, aos poucos, tem firmado posicionamentos que representam importantes parâmetros para se verificar o limite da atuação jurisdicional. Conclui-se que o estado de coisas inconstitucional, o mínimo existencial e a não-intervenção em questões meramente políticas constituem parte de tais parâmetros.

An Essay about Development of Public Policies on Social Rights in Brazil: Between Human Rights, Dignity, and Grounds for Governance

The implementation of social rights through public policies may be validly justified in the discussion of human rights. The public policies for the area are important factors in the development process and to the governance of public actions in the sector. Nonetheless, those policies are not often formulated or voluntarily produced by the public power due to lack of planning, budgetary nature, or even the lack of effective and practical’s recognition as grounds for a complete elucidation of the human rights development. Then, human, social and economic rights in Brazil and its political-juridical importance can be investigated by the possibility and effectiveness of the invocation of human dignity as a foundation. This way, it must offer an alternative to the development crisis of this category of rights to the Brazilian state.

Efetividade do Direito à Educação: Positivação e Justiciabilidade

A contemporaneidade dos direitos humanos é marcada pela conjugação do valor liberdade e igualdade, o que implica reconhecer que a plena realização dos direitos civis e políticos está condicionada à efetivação dos direitos sociais, com destaque para o direito à educação. Assim, o presente artigo objetiva destacar os principais desafios e os mecanismos para a efetivação do direito humano à educação, haja vista a tendência de esvaziamento do espírito solidarístico dos direitos sociais, o que se fará por meio da contextualização histórica e da análise de casos concretos, com utilização de pesquisa analítica e descritiva.

СОЦІАЛЬНІ ПРАВА ЛЮДИНИ: ЗАГАЛЬНОТЕОРЕТИЧНА ХАРАКТЕРИСТИКА

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.

A Ação Direta de Inconstitucionalidade (ADI) Nº 1.923/DF e o papel do Estado e das Organizações Sociais na concretização dos direitos sociais

Starting from the analysis of the Federal Supreme Court’s decision in ADI 1.923/DF, lodged against Law n. 9.637/98, which regulates Social Organizations (SOs), the article discusses the role of the state in the provision of services of social interest, particu¬larly in areas related to education, health, environment and culture, through these entities of the third sector. After analyzing the main opinions, it shows that, in the context of the 1988 Federal Constitution, such entities may act in partnership with the state in the implementation of social rights, but should never fully replace gov¬ernment in the provision of services that ensure full access to such rights. This is so because, by adopting the canons of the welfare state and democratic rights model, the Constitution imposes on the state the duty to ensure the provision of social services in a framework of public services, understood as material activities provided under a special publicist legal regime, which does not apply to Social Organizations. The article then analyzes the decision taken by the Supreme Court on the understanding that the promotion activity carried out by the state is not enough to fulfill the constitu¬tional objectives imposed on it with regard to the guarantee of social rights, so that a direct action of the state to accomplish the fundamental rights is imperative.Keywords: social organizations, promotion, social services, fundamental rights.

Egalitarianism, Welfare Policies and the Legitimation of Political Regimes. The Case of the Czech Republic

Economic and social rights have been effectively used for the legitimation of the political regime both by pluralist democracies and, in their own way, by fascist or communist movements during the 20 th century. These rights provide a basis for a type of distributive justice in the modern society. Sociological studies have indicated relatively strong egalitarian tendencies in the Czech society during the post-communist transformation after 1989, which were not easy to explain. In this article we will argue that the explanation should not be sought only by putting forward the obvious argument of the persistence of communist stereotypes or some kind of Czech Ostalgie . Rather, we will try to demonstrate that such egalitarian tendencies could be rooted deeper in the collective experiences shaped by the confrontation with the world wars and the particularities of the formation of the modern Czech nation. We may formulate this statement even more radically. Egalitarian tendencies in the present-day Czech society are not merely a result of the fact that the country was under socialist dictatorship between 1945 and 1989. On the contrary. The birth of a socialist dictatorship after the Second World War made these egalitarian tendencies easier, however the tendencies themselves are historically older, and they formed a strong consensus for the need for social reform in the Czech society, enabling the Communist Party to monopolize power much more easily. This article is divided into three thematic sections. The first one traces the formation of a post-war consensus for reform, which was the basis for the rapid growth of social expenses on both sides of the Iron Curtain, as a result of industrial crises and conflicts following the Second World War. The second part elaborates on the specific issues arising in the implementation of social rights under the conditions of the socialist dictatorship, whereas the third and final part concentrates on the formation of public opinion among the Czech population related to guaranteeing social rights in a transition economy. Key words: Czechoslovakia, Czech Republic, Social Rights, Full Employment, Distributive Justice, Welfare State

Proteção dos direitos sociais: desafios do ius commune sul-americano

This paper discusses social rights by focusing on their protection in the international and regional context. It describes and analyzes the difficulties and challenges of the implementation of social rights in South America with the aim of building a regional constitutionalism whose foundation is the ius commune. For this purpose, the article presents the historical background of the affirmation of human rights and social rights as well as structural notions of the systems of their protection both at the global level and regional level in order to provide within the latter, especially in the South America, the challenges of the ius commune.Key words: ius commune, social rights, South-American region.

Proteção dos direitos sociais: desafios do ius commune sul-americano

This paper discusses social rights by focusing on their protection in the international and regional context. It describes and analyzes the difficulties and challenges of the implementation of social rights in South America with the aim of building a regional constitutionalism whose foundation is the ius commune. For this purpose, the article presents the historical background of the affirmation of human rights and social rights as well as structural notions of the systems of their protection both at the global level and regional level in order to provide within the latter, especially in the South America, the challenges of the ius commune.Key words: ius commune, social rights, South-American region.

O modelo de proteção social brasileiro: notas para a compreensão do desenvolvimento da seguridade social

This article aims to discuss the development of the Brazilian model of social protection and its implications for access to citizenship rights. The study is a theoretical reflection Initially, characterizes the association of the social protection system on the concept of social law. Further, it addresses the origin of social protection and its development up to the 1988 Federative Republic of Brazil Constitution, especially the new conception of public social policies arising from the deployment of the concept of social security. Thus, ensuring the evolution of social protection is characterized as a contractual right to achieve its universalization In this direction reflects a pattern of wellness that focuses on the demands for reducing inequality, with policies and concrete actions of affirmation of social rights as part of citizenship rights by pointing to a strong relationship between state and citizen Later, displays the changes in the political scenario that resist the implementation of social rights in the form inaugurated by the 1988 Federal Constitution, mocking the original design of the Brazilian social protection, as well as its consequences for public policies. The main results point to an institutionalized social protection model, however fragile attention to its demand, requiring complementation of the market. We conclude, although the Constitution has meant a unique breakthrough to the Brazilian social protection, its materiality just posed to the whole population It considers, though, in a period marked by profound changes in the world of work, mainly linked to an increase in structural unemployment and underemployment, the social protection model has converged to a logic of access through the market, restricting citizenship to the purchasing power of people, thus implying directly in the form and content of public social policies that constitute the social protection system.

Disability Rights Commission: From Civil Rights to Social Rights

This paper argues that, although originally conceived as part of the ‘civil rights’ agenda, the development of disability rights in Britain by the Disability Rights Commission (DRC) is better seen as a movement towards the realization of social, economic, and cultural rights, and so as reaffirmation of the indissolubility of human rights in the round. As such, that process of development represents a concrete exercise in the implementation of social rights by a statutory equality body and a significant step towards the conception of disability rights as universal participation, not just individual or minority group entitlement. The paper considers the distinctive features of that regulatory activity. It asks what sort of equality the DRC set out to achieve for disabled people and where, as a result, its work positioned it on the regulatory spectrum. From the particular experience of the DRC, the paper looks forward to considerations of general relevance to other such bodies, including the new Equality and Human Rights Commission.