Social Citizenship Rights Research Articles

SOCIAL AND LABOR GUARANTEES FOR FAMILIES WITH CHILDREN AS THE BASIS OF THE STATE'S FAMILY POLICY

Task. The author of the article set himself the task of analyzing the social and labor guarantees provided by the state to families with children. Model. To solve this problem, it is necessary to investigate the social purpose of support measures in relation to children, families with children, to investigate the grounds for their provision. Conclusions. The system of social and labor measures is aimed at providing comprehensive support to families with children, helping to protect the labor and social rights of citizens. Research framework. Limited by relations in the sphere of social, labor and family law of the Russian Federation. Practical value. A systematic analysis of measures to help and support families with children, issues of protecting women - mothers allow us to systematize the prerequisites for the birth of children, to determine the incentives and obstacles to the birth of a child. Social implications. Determination of the purpose of support measures for families with children, analysis of individual types of assistance will determine the relationship and interdependence of social, labor and family-type norms, the effective interaction of which will ensure the basic needs of each family. Originality, value. The systematic study and research of social assistance measures, the study of labor guarantees for women with children makes it possible to assess the effectiveness of the state's family policy, to identify shortcomings and gaps in the country's social system. An analysis of the norms of the diverse legislation of the Russian Federation makes it possible to identify additional guarantees for children and families with children, for working women.

What’s in a name? Children of migrants, national belonging and the politics of naming

ABSTRACT As Western societies experience a ‘transition to diversity’ spurred by international migration, an enduring question is how this transition impacts on the nation and its symbolic borders. The article addresses this question by adopting an original analytical lens, what I call the ‘politics of naming’, i.e. the agonistic tensions around naming practices between the majority society and children of migrants. Focusing on the case of Italy, the article identifies three main discursive practices: the embracement by children of migrants of the names ascribed to them by the majority society as a way to claim social visibility and citizenship rights; the rewriting of ascribed social categories (e.g., ‘second generation’) as a way to rewrite the boundaries of national belonging; the rejection of these interpellations for more plural identities. The findings suggest, on the one hand, the persistence of an ethno-racial bias which continues to inform the nation in the age of diversity and, on the other hand, an attempt by the children of migrants to re-imagine the nation along cultural (rather than ethno-racial) lines. It is by more closely attending to this tension that the impact of the transition to diversity on the nation can be revealed.

Gender, welfare state regimes and social policy beyond advanced capitalism: Pathways to decommodification in middle‐income countries

AbstractIn Three Worlds of Welfare Capitalism, Gøsta Esping‐Andersen, using decommodification as a basis, classified advanced capitalist countries into liberal, conservative‐corporatist, and social‐democratic welfare regimes. Subsequently, Ann Shola Orloff deemed his approach gender blind, and dimensions such as access to paid work and the capacity to form and maintain an autonomous household were added to the existing variables of state–market relations, stratification and social citizenship rights. Based on Orloff's theoretical propositions, this paper develops the decommodification measures to classify middle‐income countries (MICs). The paper classifies MICs into five clusters based on hierarchical cluster analysis using variables such as GDP per capita, female labour force participation, availability, duration and wage replacement levels and providers of maternity leave benefits and availability of childcare services, legislation on sexual harassment, marital rape and domestic violence, protection orders, the availability of legal aid for civil and criminal matters and the proportion of seats held by women in parliaments.

Social Policy and State–Community Relationships: Storm over Forest Rights in India

Abstract Social Policy is concerned with minimising poverty and inequality through redistribution of goods and services. In the twentieth century, after the Second World War, European parliamentary democracies enlarged its ambit by making social policy an important instrument to create equality setting the benchmark for other countries. For the new independent countries in the global South, such as India, social policy followed different trajectories. In the aftermath of independence, India relied on preventive instruments to address the effects of famine, de-industrialisation and high levels of deprivation. Despite achieving high economic growth and rapid poverty reduction in the following decades, its dependence on targeted poverty reduction programme has remained. Recently, there has been some attempt to replace these strategies by rights-based programmes supported by legal framework advocated by civil society groups. Through a case study of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (referred to as FRA 2006), this article analyses the successes and failures in realising the goal of linking welfare provisions with the ideas of social citizenship and democratic rights. The article finds widening gulf in the interests of state actors and local community arising from the compromised interpretation of the social justice vision enshrined in FRA.

THE BOUNDARIES PROBLEM OF THE 1950 EUROPEAN CONVENTION DYNAMIC INTERPRETATION ON HUMAN RIGHTS ON THE EXAMPLE OF ENSURING THE SOCIAL RIGHTS OF CONVICTS

The 1950 Convention for the Protection of Human Rights and Fundamental Freedoms is an instrument for the dynamic development of the human rights system in the member states of the European Council. Such an active formation of the latter is due to the activities of the European Court of Human Rights. However, the case-law of the court is not always accepted in national jurisdictions, especially when it comes to the most sensitive areas of life in modern societies. As the goal of the research, the author sets out the identification of the current approach of this international court to the problem of social rights of convicts, especially in the context of ensuring their social rights. The material for the research was the case-law of the ECHR on the social rights of citizens - with special attention to the rights of persons in places of isolation from society, the legal positions of domestic researchers on the problem posed. The author uses traditional research methods - general scientific and special, with an emphasis on historical, social and legal methods. The paper describes the stages of the international soft law sources formation on penitentiary rules and the impact on this of the ECHR practice in the context of the discrimination standarts prohibition regarding the right of ownership and violation of the forced (compulsory) labor prohibition. A common European standard “the right of a convicted person to retire” has not yet been developed, which has been confirmed in the practice of the ECHR. This decision is due to the need to maintain the effectiveness of the entire convention system, the policy of compromises with states. Through the dynamic interpretation of the ECHR, this right is recognized as an element of the convention rights protection, the convict should be granted an increasing amount of social rights.

Talking Tax to Social Policy Historians

When it comes to the links between taxation and social policy, the growth of the welfare state, funded by income tax, is the obvious starting point. But in Give and Take, Tillotson goes far beyond the obvious. In her hands, the tax system has complex “welfare effects.” Looking through the tax lens, Tillotson gives us fresh perspectives on the origins, politics, and consequences of social welfare programs, as well as the negotiation of social citizenship rights and obligations. In this essay, I also suggest Give and Take points us towards a relatively unexplored set of questions about the history of social policy in twentieth-century Canada, namely how the tax system and especially tax expenditures have been used to achieve social policy objectives.

Problems of the implementation of social state and the constitutional reform 2020

The 1993 Constitution of the Russian Federation enshrined the principle of social state, a number of social rights of citizens and other provisions of a social nature. However, according to many researchers, the actual situation, including mass poverty and extreme property differentiation of the population, and the dominant vector of social policy, which is reflected in commercialization and "optimization" of the social sphere, raising the retirement age, strengthening the selective character of social assistance, etc. speak of the dismantling of the welfare state. At the same time, the Constitutional Court of the Russian Federation does not adequately fulfill its function of protecting the Constitution and, in particular, ensuring the constitutional principle of social state and social rights of citizens, does not recognize the legislative norms that normatively formalize such reforms as unconstitutional, sometimes — as in the case of considering the constitutionality of increasing retirement age in 2018 — actually avoiding consideration of the case on the merits. The draft Law on Amendment to the Constitution of the Russian Federation "On Improving Regulation of Certain Issues of Organizing Public Authority", proposed by the President of Russia in the winter of2020, was substantiated, inter alia, by considerations of the development of social state, ensuring the social rights of citizens and the corresponding social obligations of the State. The article shows which of the key social problems could be solved within the framework of the previous version of the Constitution; the question is examined whether their solution requires its changing. It is shown that the Law on Amendment to the Constitution of the Russian Federation adopted in the spring of 2020 does not solve a number of the key social problems in modern Russia, and does not make enough use of foreign experience in constitutional regulation of the social sphere. Based on the experience of other countries, the article proposes a number of norms, the constitutional enshrining of which could to a greater extent ensure implementation of the principle of social state.

TRAINING FUTURE BACHELORS OF SOCIAL WORK TO USE REGULATORY LEGAL ACTS: A DESCRIPTOR ANALYSIS

This study seeks to identify methodological foundations of the legal training of bachelors of social work, in particular, training to use of regulatory legal acts. The aim of study was to reveal the descriptors of legal training, developed by Novikov, that characterize methodology as a way of organizing activities. The Russian Professional Standard “Social Work Specialist” and the Federal State Educational Standard 39.03.02 “Social Work” require that the graduates majoring in this discipline acquire the legal competency that is manifested in the ability to use normative legal acts of the international, federal and regional levels to protect and assert social rights of citizens. It is recommended, in training bachelors of social work to use normative legal acts, to identify such descriptors as the activity characteristics, the logical structure, and the temporary structure. Using the analysis and synthesis of scientific and practical activities, the process of training future bachelors of social work is described through its features (standards, personal orientation), principles (organizational, substantive), norms of activity (competence, individualization of training), subject, object, subject matter, forms (interactive seminars on legal framework, workshops), means, methods (organization and implementation of educational and cognitive activities, stimulation and motivation, control and self-control), activity outcomes, and stages (informational and methodological stage, organizational activity stage, conceptual strategic stage, experimental and formative stage). The identification of structural components corresponds to the principles of the systemic approach that allows a deeper study of the essence, content and characteristics of the object under study. The descriptive analysis of training can be used in the system of professional development for social work specialists.

Serviço social e a interlocução com a determinação social na saúde em tempos de pandemia

O presente artigo tem por objetivo refletir sobre a importância do debate da determinação social da saúde para a ação profissional das/os assistentes sociais na política de saúde. Trata-se de um ensaio teórico com base em livros, revistas e artigos publicados. O serviço social é uma profissão atuante na política de saúde, em especial a partir do movimento da reforma sanitária. Com base no projeto ético-político a profissão tem defendido os princípios do Sistema Único de Saúde (SUS) e da garantia dos direitos sociais. Em tempos de pandemia do coronavírus a/o assistente social é desafiado em sua ação profissional a reafirmar seus princípios éticos e profissionais na garantia da justiça e diretos sociais de cidadania.

Bringing EU citizens together or pulling them apart? The European Health Insurance Card, east–west mobility and the failed promise of European social integration

Although the European Health Insurance Card (EHIC) was meant to bring Europeans together, this study shows that it is amplifying social inequalities across regions and classes. First, we evaluate the effects of east–west EHIC mobility, and of Eastern Europeans’ participation in it, on the practice of EU social citizenship rights to access cross-border care along spatial (east–west) and social class divides. We then assess the impact of these mobilities on healthcare resources in Western and Eastern Europe. Our findings show that the EHIC reinforces rather than reduces the spatially and socially uneven access to social citizenship rights to cross-border care. Moreover, EHIC patient outflows from Eastern to Western Europe result in a much higher relative financial burden for the budgets of Eastern European states than outflows from Western to Eastern Europe do for Western European countries. As a result, east–west EHIC mobility is reproducing rather than reversing healthcare inequalities between the two regions. Hence, the EHIC does not fulfil its promise of European social integration – not, however, because it creates a burden on Western European welfare states as often argued in Eurosceptic tabloids, but because it increases social inequalities both inside and between richer and poorer EU member states.

Multa pessoal ao agente político: uma possibilidade de efetividade ao instituto da ação civil pública

Este trabalho pretende analisar a possibilidade de multa pessoal ao gestor público por descumprimento de decisões judiciais que visam garantir a efetividade dos direitos sociais fundamentais. Além disso, trabalha a questão dos direitos estampados no art. 6º da Constituição Federal como fundamentais e de aplicação imediata, analisa a possibilidade do controle judicial de políticas públicas e o instrumento da ação civil pública como objeto de efetivação desses direitos e, finalmente, sugere a fixação de multa pessoal ao gestor público e não ao ente público por inércia em caso de descumprimento de obrigações que visam resguardar os direitos sociais básicos dos cidadãos.

Peculiarities of determining propriety of a party in public legal disputes on appealing decisions of medical and social expert commissions and military physician boards by the Ministry of defence of Ukraine

In the process of developing a legal democratic state on the way to European integration, the Ukrainian society and the state as a subject of law face the next tasks related to the implementation in national legislation, the state policy of standards and principles of international law, embodied, in particular, in the provisions of international agreements between Ukraine and the European community.
 One of the significant agreements that contributed to the revision of the conceptional approaches to law-making and enforcement activities in Ukraine is “The Agreement on Association between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand”, ratified Verkhovna Rada of Ukraine and the European Parliament on September 16, 2014. Under this Agreement, Ukraine undertook a number of commitments, in particular to increase the level of social protection of the population (Article 420 of the Agreement). In order to achieve this goal, among others an effective system of organizational and legal guarantees (means and measures) for ensuring social rights of citizens should be functioning in the state, which in turn should be based on the close cooperation of Ukraine with the European community in the field of justice, freedom and security with to ensure the rule of law and respect for human rights and fundamental freedoms of states (Article 1 of the Agreement). In accordance with the Regulations of article 14 of the Agreement within the framework of such cooperation, the state should attach particular importance to the establishment of the rule of law and the strengthening of institutions of all levels in the field of administration generally and law enforcement and judicial authorities in particular. Cooperation should be aimed, in particular, at strengthening the judiciary, improving its effectiveness, ensuring its independence and impartiality and fight against corruption, and should be based on the principle of respect for human rights and fundamental freedoms.

Introduction: beyond nation states?

ABSTRACT The Roma, as Europe’s largest minority group and who experience disproportionate levels of poverty, unemployment, poor accommodation and social exclusion have received significant political and policy-related attention in recent years. In 2011 the European Parliament announced the EU Framework for National Roma Integration Strategies (NRIS) which marked the first EU wide effort to address Roma poverty and marginalisation via national strategies devised at the national level. Each member state has produced national strategies for Roma inclusion in the core areas of education, housing, health, employment and discrimination with a focus on integrated inclusion, e.g., recognising that inclusion in one sphere requires inclusion in the others. In 2017 the European Commission published its mid-term review of the EU Framework which examines the progress made in each member state. The series of articles in this special edition addresses the progress made in meeting the NRIS’s objectives in seven member states each providing an in depth and critically informed analysis of policy development, progress and limitations in each country. The introduction provides a historical and policy context of the NRIS and considers its implications for the social integration and citizenship rights of Roma people.

Отсутствие конституционно-правового регулирования форм взаимодействия органов государственной власти и органов местного самоуправления как негативный фактор в обеспечении социальных прав и свобод граждан

The article describes the problematic issues of constitutional and legal regulation of the interaction of state authorities and local self-government in ensuring the social rights of citizens at the present stage of development of Russia. The examples from domestic constitutional practice reveal specific problems in the social sphere, the solution of which could be avoided and possibly overcome by effective constitutional and legal regulation and institutionalization of issues of interaction between state authorities and local governments.

Rethinking social contracts in the MENA region: Economic governance, contingent citizenship, and state-society relations after the Arab uprisings

Abstract This article examines post-2011 transformations of economic governance in the MENA region. It argues that Arab regimes have responded to the threats posed by the 2011 uprisings not by embracing appeals for inclusive social contracts, but through the imposition of repressive-exclusionary social pacts in which previously universal economic and social rights of citizens are being redefined as selective benefits. These pacts are shown to represent a significant shift in economic governance and in state-society relations in the MENA region, evident in the growing institutionalization of “contingent citizenship” as a framework for the organization of state-society relations and the management of social policy. In stressing discontinuities in economic governance, this argument challenges claims that the reassertion of authoritarianism in Arab states after 2011 represents a “back-to-the-future” process exhibiting little change from the formally inclusive social pacts associated with pre-2011 models of authoritarian governance.

Social insurance – guarantee of the right of citizens to social protection due to accidents and occupational diseases on the manufacturer

Problem setting. In the transition to a market economy, social rights acquire a fundamentally new meaning, as they are designed to guarantee radical changes in the socio-economic situation of man as a participant in market relations. The Constitution of Ukraine reflects a wide range of social rights of a person and a citizen to work, leisure, social protection, health care, medical care, health insurance, family protection, childhood, motherhood and fatherhood, education, etc. One of the central and universally recognized in the system of social rights of citizens is the right to social protection, the requirement of which is embodied in international acts ratified by Ukraine. The right to social protection is guaranteed by the obligatory state social insurance at the expense of insurance contributions of citizens, enterprises, institutions and organizations, budgetary and other sources of social security, as well as the creation of a network of state, municipal and private institutions for the care of the disabled. Without these guarantees, this right becomes an intention (wish) in the relevant field, has no practical value either for the individual or for society as a whole. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V. M. Andriyiv, D. V. Bozhko, N. B. Bolotina, M.M. Klemparsky, O. L. Kuchma, K. Yu. Melnyk, O. V. Moskalenko, P. D. Pilipenko, S.M. Prilipko, V. I. Prokopenko, O. I. Protsevsky, S. M. Sinchuk, I. M. Orphan, B. I. Stashkov, O. V. Tishchenko, L. P. Shumna, M. M. Shumylo, O. M. Yaroshenko, and others. Target of research to consider compulsory state social insurance as a guarantee of the right of citizens to social protection due to accidents and occupational diseases at work. Article’s main body. The main guarantee of a person’s right to social protection due to accidents and occupational diseases at work is compulsory state social insurance. The task of social insurance against accidents at work and occupational diseases that have caused disability is to carry out preventive measures aimed at eliminating harmful, dangerous production factors; prevention of accidents at work, other cases of threat to the health of the insured, caused by working conditions; restoration of health and working capacity of victims at work; compensation for damage related to the loss of insured persons’ wages or the relevant part of it during the performance of their duties, provision of social services in connection with damage to health, as well as in the event of their death, making insurance payments to incapacitated members families. Confirmation of the central place of social insurance against accidents and occupational diseases at work in the system of guarantees of the right of citizens to social protection can serve as indicators of the cost of material support in this area. Conclusions and prospects for the development. As a result of studying the place and role of compulsory state social insurance in the system of guarantees of the right of citizens to social protection due to accidents and occupational diseases at work, we can state that the right to social protection is one of the central and universally recognized social human rights. Compulsory state social insurance is the main material guarantee of the realization of the right of citizens to social protection due to accidents and occupational diseases at work. Its main essence and purpose are to receive the insured person in the event of an insured event from the insurer of material support (temporary disability benefits, burial) and social services (payment for treatment in the rehabilitation departments of the sanatorium after illness and injury) at the expense of the insured.

The “Guest” Who Refuses to Work, the “Terrorist” Who Contemplates Global Hunger: Minorities in Fatih Akin Films

In her book that explores Turkish migrant organizations in Germany, sociologist Gökçe Yurdakul detects a historical transformation in the political representation of migrants and minorities from the 1970s through the 2000s. She marks six historical events that lead to this transformation: labor migration (1961–1972), the introduction of family reunification law (1973–1979), post-1980 military coup asylum seekers from Turkey (1980–1988), the fall of the Berlin Wall and its aftermath of exacerbating xenophobia against non-German minorities (1989–1998), the introduction of the new citizenship law (1999), and finally the terrorist attacks on September 11 (2001–present). According to Yurdakul, these events mark a gradual shift in the minority rights debate. While the first minority organizations were formed around labor rights, gradually, due to these landmark events and laws, their demands shifted toward political and social rights of citizenship, and identitarian rights, such as the right “to exist as Muslims and as Europeans.”

НОРМАТИВНІ ЗАСАДИ ДІЯЛЬНОСТІ РЕГІОНАЛЬНОГО ДЕПАРТАМЕНТУ СОЦІАЛЬНОГО ЗАХИСТУ НАСЕЛЕННЯ: ПОРІВНЯЛЬНО-ПРАВОВИЙ АНАЛІЗ

У статті проаналізовано етимологію правової ка-тегорії «нормативно-правові засади», окреслено рівні нормативних засад діяльності регіонального Департаменту соціального захисту населення з урахуванням юридичної сили нормативно-правових актів, що врегульовують досліджувані правовідносини. Вказано, що діяльність регіонального Департаменту соціального захисту населення вимагає від держави своєчасного розроблення, ухвалення чи оновлення нормативно-правових засад. Як орган публічної влади Департамент під час реалізації та захисту соціальних прав громадян повинен керуватися як загальноправовими, так і спеціальними принципами діяльності. 
 Акцентовано увагу на перевагах і недоліках нової редакції Закону України «Про соціальні послуги». Вказані автором позитивні напрацювання законодавців у сфері соціального захисту населення, а саме: 1) чітко визначені на законодавчому рівні суб’єкти системи надання соціальних послуг; 2) у статті 10 Закону «Про соціальні послуги» окреслено основні засади функціонування системи надання соціальних послуг; 3) стали революційними положення статті 15 Закону щодо Реєстру надавачів та отримувачів соціальних послуг; 4) на основі державного стандарту соціальних послуг деталізовано порядок їх надання. На підставі аналізу та порівняння положень Закону України «Про соціальні послуги» у редакціях від 2003 року і 2019 року вбачається можливим дійти висновку про всебічний розвиток зазначеного нормативно-правового акта шляхом деталізації ключових положень Закону в останній редакції. Автором звернута увага на наявність широкого кола повноважень органів місцевого самоврядування у сфері соціального захисту населення, що стало передумовою для подвійної підпорядкованості регіонального Департаменту соціального захисту населення. Також вказано на велике коло правовідносин у сфері соціального захисту населення, які потребують відповідного врегулювання.

The Social Policy Indicators (SPIN) database

The Social Policy Indicators (SPIN) database provides the foundations for new comparative and longitudinal research on the causes behind, and the consequences of, welfare states and social citizenship rights. The SPIN database is oriented towards analyses of institutions as manifested in social policy legislation. To date, SPIN covers 40 countries, of which several have data on core social policy programmes from 1930. There are currently six data modules in SPIN, covering different social policy areas. The following research note describes the theoretical and conceptual basis of the SPIN project, as well as the data it contains.

Оrganizational and methodological bases for improving the planning of state budget expenditure on the social protection of families with children

Introduction. The fulfillment of social obligations of the state and realization of the constitutional rights of citizens for social protection are possible provided that a sound social policy and effective use of budgetary resources aimed at the realization of its goals are implemented. In view of this, there is an urgent need for an in-depth study of the theoretical and practical bases for the implementation of expenditures of the State and local budgets of Ukraine for social protection of the population, substantiation of expediency and development of recommendations for improvement of this process. Methods.The theoretical basis of the research is the scientific development of domestic and foreign scientists on public finance and social policy. The following methods of scientifick nowledge were used in the research: induction and deduction, analysis and synthesis, comparison, generalization, associations, analogies and others.The purpose is evaluation of the state of budget financing of social protection of the population in Ukraine, identification of the main problems and development of proposals concerning improvement of budget expenditures of the state for social protection of families with children in the context of ensuring inclusive sustainable development of the state. On the basis of the analysis and evaluation of the state of budget provision of social protection of the population in Ukraine, the main problems of its organization have been defined in the article. The necessity has been grounded and the directions of improvement of the order of realization of the state budget expenditures on social protection of the population have been substantiated. Conclusions. In order to ensure the realization of social rights of citizens, the scientific and methodological approach to improving the planning of the state budget expenditures for social protection of families with children has been proposed, which foresees changing of the order of state assistance at birth of a child, taking into account certain parameters (the value of the statutory / actual minimum subsistence level for children up to 6 years of age and for able-bodied persons, the number of children under 3 years of age with one recipient of state aid at birth of a child; the number of recipients of the stated aid) and allows to improve the efficiency of spending of budgetary resources. Discussion. Theprospectoffurtherresearchistodevelopmeasuresaimedatensuring a de centstandardoflivingforallcitizens.