Security Legislation Research Articles

Social Security Income and Health Care Spending: Evidence from the Social Security Notch.

The paper exploits Social Security legislation changes to identify the causal effect of Social Security income on out-of-pocket medical expenditures of the elderly. Using the 1986-1994 Consumer Expenditure Survey and an instrumental variables strategy, the empirical results show that health care expenditures are responsive to changes in Social Security income for elderly individuals with less than a high school education. The estimated income elasticities are between 1.41 and 3.47 depending on the outcome measures and are statistically significant at conventional levels. The findings are in contrast to existing studies that find a small income elasticity at the individual/household level.

THE FUTURE OF SOCIAL SECURITY

(with an introduction by Daniel L. McFadden)The past and the present processes leading to social security legislation inform expectations regarding the future of social security, and with international comparisons, provide lessons to those who would learn them. (JEL H55)

THE IMPACT ON THE ECONOMIC BENEFITS OF THE SPANISH DEPENDENCY SYSTEM OF DEDUCTIBLE COMPLEMENTS OF ANALOGUE NATURE AND PURPOSE

Social Security fulfils the general principles of protection of the needy through social assistance and social security, specific for the safeguard of workers. In Italy, according to the principle of territoriality of the insurance obligation, the non community worker is subject to the country's social security and welfare legislation. On 7 December 1984 an administrative agreement is signed in Tunis for the application of the convention on social security, between the Italian Republic and the Tunisian Republic, with the possibility for the Tunisian citizen to work in Italy, while remaining under the responsibility of the legislation on social security in your country of origin. Because of the political alternation of the Italian Governments, more restrictive guidelines have been reached, with the introduction of the limitation to equating to Italians only non-EU immigrants holding EC residence permits as long-staying guests, exceeding even the provisions of bilateral agreements including the Italy - Tunisian one. This has subordinated the provision of certain social security benefits, discriminating against Tunisian citizens and limiting the enjoyment of the fundamental rights recognized to Italian citizens.

ADDRESSED SOCIAL ASSISTANCE AS A SOCIAL AND ECONOMIC FACTOR OF OVERCOMING POVERTY OF THE POPULATION OF UKRAINE

Urgency of the research. The addressed social assistance has a significant social and economic value for supporting the livelihoods of households in Ukraine. Target setting. The significance of the effective implementation of the addressed social assistance is stipulated by the need to improve the system of social security legislation and the subsidiary policy of social support of the low-income group of population. Actual scientific researches and issues analysis. V. Andriiv, N. Bolotina, N. Bublyk, O. Moskalenko, E. Libanova, O. Kuchma, S. Prylypko, B. Stashkiv, L. Shumna, N. Shpak and others were involved in the research of the effectiveness of the social and economic policy of poverty reduction and support of the low-income groups of the population. Uninvestigated parts of general matters defining. The definition of the essence of the addressed social assistance and the feasibility of introducing social inspection for monitoring the system of socio-economic support of the population remains the unsolved and not enough studied problem, as well as compliance of addressed social and economic support for the population in the form of a subsidy for separate categories of citizens. The research objective: it is necessary to substantiate that the conceptual and important direction for overcoming poverty in Ukraine is the construction of the system of social and economic support of the low-income groups of the population and to prove the necessity of reforming the appointment of subsidies to certain categories of the population. The statement of basic materials. Based on the disclosure of the impact of targeted social assistance on preventing and overcoming the poverty of the Ukrainian population, the expediency of forming a single register of recipients of assistance and services and introduction of social inspection was substantiated. It is proposed to take into account the actual amounts of income of certain categories of population for a socially fair calculation of subsidies. Conclusions. The system of adressed socio-economic support for the low-income population of Ukraine needs to be updated, taking into account the current trends, which will serve as an effective means to overcome poverty.

ОТПУСК ПРИ ВРЕМЕННА НЕРАБОТОСПОСОБНОСТ – СПЕЦИФИКИ, РЕАЛИЗАЦИЯ И ОСИГУРИТЕЛНО ОБЕЗПЕЧАВАНЕ (Vacation Leave Under Temporary Work Disablement – Specifics, Realization and Social Security Indemnification)

Bulgarian Abstract: Студията изследва института на отпуска поради временна неработоспособност през призмата на трудовото и осигурителното законодателство. Акцент в разработката е детайлната осигурително-правна уредба, явяваща се същностна част от института и гаранция за неговото приложение. На база на установените взаимовръзки и практически проблеми, авторите правят изводи, набелязват съвременните тенденции в развитието на нормите и правят предложения де леге ференда за усъвършенстване на законодателството. English Abstract: The scientific paper researches the institute of vacation leave under temporary work disablement through the prism of the labour and social security legislation. The emphasis of the research is the detailed social security legal regulation, which is the essential part of the institute and guarantee for its application. Based on the established interconnections and practical problems, the authors disclose summaries, mark contemporary trends in the development of the enactments and propose de lege ferenda for the improvement of the legislation.

Regulation tendencies of access to individual health care in the European Union and Lithuanian law

The article provides systematic analysis of EU legislation, laws and other legal acts of the Republic of Lithuania, also political documents, jurisprudence and scientific literature related to the content and legal concept of access to healthcare services and its definition. Analysis shows, that EU Member States have the obligation to apply legal and organizational measures to ensure the rights of patients to access both urgent and planned healthcare services in the state of insurance and in other EU Member States, one of such measures can be considered implementation of the Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare, provisions of which, coordinated with the EU social security legislation, require to establish clear conditions for the provision of healthcare services. Implementation of that requirement would enable patients to make reasonable choices of the most appropriate healthcare provider, and increase patients' access to the healthcare needed without delay. Authors argue, that, in order to implement the EU law in the field of healthcare services provision it is necessary to define in detail the legal the concept of the access to healthcare services, also to establish and enforce accessibility criteria. The concept of access to health care is difficult to define unambiguously because of it‘s interdisciplinarity, but nevertheless, EU Member States should not only clearly define the healthcare services accessibility standards, but also provide procedures and tools that help all patients, both domestic and coming another EU Member State, to exercise and defend their rights. The analysis of the development of legislation in Lithuania shows tendency to adjust the definitions both of the concepts of quality and accessibility of health care services. Legislation, establishing more detailed requirements at the state level, enabling greater universality, coordination and control of health care provision criteria is being prepared and enforced. The assumptions for adopting new legislation cannot be directly related to the availability of cross-border health care services, but they are undoubtedly influenced by the increasing coordination of the Lithuanian health system with the EU health policy and the aim of ensuring internationally recognized healthcare provision standard.

Shinzo Abe's security legislation reform and peacebuilding in Mindanao

ABSTRACTRecent literature on Japanese foreign policy has focused on analysing the implications of Prime Minister Shinzo Abe's security legislation reform for the bilateral security alliance relationship with the US amidst a rising China and the right to collective self-defence. Its impact on Japan's multilateral security policy, in particular, peacebuilding, has so far received little attention. In what ways and to what extent does Japan play a peacebuilding role under this change? This article examines key implications of the security legislation reform, along with the renewal of Japan's Official Development Assistance charter, for its peacebuilding efforts. By taking Mindanao, the Philippines, as a case study, it argues that Abe focuses on taking a foreign aid-centred approach while showing little interest in sending Japanese Self-Defence Force. This article provides a counter-narrative to the claim that Japan is taking a more assertive approach to international security. Abe is more risk-averse as far as his approach to peacebuilding is concerned.

Rehabilitation for Cancer Patients.

Rehabilitation for cancer patients aims at reducing the impact of disabling and limiting conditions resulting from cancer and its treatment in order to enable patients to regain social integration and participation. Given current trends in cancer incidence and survival along with progress in medical treatment, cancer rehabilitation is becoming increasingly important in contemporary health care. Although not without limitations, the International Classification of Functioning, Disability and Health (ICF) provides a valuable perspective for cancer rehabilitation in understanding impairments in functioning and activity as the result of an interaction between a health condition and contextual factors. The structure of cancer rehabilitation varies across countries as a function of their healthcare systems and social security legislations, although there is a broad consensus with respect to its principal goals. Cancer rehabilitation requires a careful assessment of the individual patient's rehabilitation needs and a multidisciplinary team of health professionals. A variety of rehabilitation interventions exist, including psycho-oncological and psycho-educational approaches. Research on the effectiveness of cancer rehabilitation provides evidence of improvements in relevant outcome parameters, but faces some methodological challenges as well.

The Enforcement of Socio-Economic Rights

In recent years the South African legislature has made a very bold attempt to improve the socio-economic conditions of citizens. Amongst others, the Social Assistance Act 59 of 1992 provides for monthly payments to citizens under certain prescribed conditions. In situations where other legislation does not provide a remedy for those unable to care for themselves the Constitution provides for justiciable socio-economic rights. Unfortunately legislative rights alone have proved insufficient and all too frequently the constitutional values and aspirations of human dignity and equality have had a ‘hollow ring’. The most obvious reason for this failure of delivery on the part of the government is of course a shortage of financial resources. Another reason has been a simple disregard for the terms of legislation and court orders by organs of the state and state employees. The authors are of the view that in order to avoid such a dire result, the courts, given their broadly framed constitutional powers, should be adventurous in crafting means to ensure that their orders are properly implemented and adhered to. This article explores the role that courts can play in ensuring proper implementation of both the terms of social security legislation as well as the implementation of court orders with reference to well-fare judgments in the Eastern-Cape.
 

Twenty-Five Years of Japanese Peacekeeping Operations and the Self-Defense Forces’ Mission in South Sudan

Japanese participation in Peacekeeping Operations began in the balance between Constitutional and other legal constraints and demand for a larger international role in the post-Cold War era. The success of participation in the PKO in Cambodia and East Timor (UNTAC and UNTAET) created opportunities for further participation because of gradual acceptance of the participation of Self-Defense Forces (SDF) in UN PKOs. However, these successes did not change the fundamental constraints of the conditions for participation, namely the Five Principles on PKO participation. The arrival of the second Abe Administration, whose policy objective is to proactively contribute to peace, increased the expectation of Japan taking a much larger role in the UN PKOs, but the SDF participation South Sudan (UNMISS), which faced difficulties due to the lack of a firm ceasefire agreement and sudden breakout of civil war, raised questions of whether Abe’s policy was too aggressive. With the establishment of Peace and Security legislation, more proactive missions can be taken, but the necessity of national debate for building consensus about participating in PKOs still remains.

Policy by Other Means: Collective Self-Defense and the Politics of Japan's Postwar Constitutional Reinterpretations

Policy by Other Means:Collective Self-Defense and the Politics of Japan's Postwar Constitutional Reinterpretations Adam P. Liff (bio) keywords japan, security policy, u.s.-japan alliance, collective self-defense, japanese constitution [End Page 139] executive summary This article analyzes Japan's landmark cabinet decision reinterpreting the constitution to allow the limited exercise of collective self-defense (CSD) in both a historical and a contemporary context and assesses its implications for the conditions under which Japan may use military force. main argument In July 2014, a historic cabinet decision reinterpreted Article 9 of Japan's 1947 constitution to allow the use of force to aid an ally under attack, overturning 60 years of authoritative constitutional interpretations categorically prohibiting Japan's exercise of CSD. The decision was followed by a revision of the U.S.-Japan Defense Guidelines and landmark legislation intended to transform Japan's security policy. Yet the change is evolutionary rather than revolutionary. Japan's self-imposed precondition for the use of force by the Japan Self-Defense Forces (JSDF) remains uniquely strict: an armed attack posing an existential threat to Japan's security. Nor is this the first case of a major reinterpretation of Article 9. Though its original wording remains untouched, the article's effective policy significance has changed repeatedly over 70 years in accordance with shifting domestic political winds and perceived strategic exigencies. Specific to post-2014 developments, understanding what changed and why—especially how Prime Minister Shinzo Abe and his allies' push for full exercise of CSD failed—elucidates the strategic, political, and normative factors shaping changes to Japan's security policy and the U.S.-Japan alliance. policy implications • While Japan may now legally exercise "limited" collective self-defense, unique, self-imposed conditions appear so strict that the use of force in support of allies or partners outside a defense-of-Japan scenario seems unlikely. • Security legislation in effect since 2016 opens up space for more expansive JSDF logistical support for U.S. military operations, bilateral planning, and exercises, as well as new authorities that somewhat resemble collective security or CSD operations in peacetime, including use of small arms during UN peacekeeping operations and protection of foreign militaries engaged in activities contributing to Japan's defense. • Without formal constitutional revision (at a minimum), however, more ambitious efforts to fundamentally transform Article 9's interpretation or the scope of scenarios in which Japan can use force overseas are unlikely without major domestic political realignments. [End Page 140] On July 1, 2014, global headlines were awash with news of Japan's historic cabinet decision "reinterpreting" its never-revised 1947 constitution to allow the country for the first time to exercise collective self-defense (CSD)—the UN Charter–sanctioned right to use force to aid an ally under attack. This substantively unprecedented, controversial decision spearheaded by Prime Minister Shinzo Abe overturned 60 years of authoritative government interpretations forbidding the exercise of CSD on constitutional grounds. It sparked a political firestorm domestically, and its policy impact was swift: in April 2015, Tokyo and Washington rewrote the seminal document articulating the allies' respective responsibilities and procedures for operational coordination. In March 2016, landmark legislation intended to transform and "normalize" Japan's security posture and expand the roles and missions of the Japan Self-Defense Forces (JSDF) came into effect. The debate that was sparked by the Abe administration's push to enable Japan to exercise CSD without formally revising the constitution's famous Article 9 "peace clause" became a revealing focal point for the latest intense contestation of core issues permeating Japan's postwar domestic politics. These issues range from the legitimacy and appropriate role of Japan's de facto military and alliance with the United States to deeply sensitive domestic political issues concerning civil-military relations, Japan's democratic institutions, and even national identity. The political atmosphere was highly incendiary. Domestic and overseas criticism of Abe's allegedly unprecedented affront to Japan's democratic norms and constitutionalism was widespread, while warnings of resurgent Japanese "militarism" abounded and opposition parties disparaged bills codifying the reinterpretation in law as "war legislation" (senso hoan) that would inevitably trap young Japanese in foreign wars "on the far side of the...

Bent into Security: Barrister Contribution to a Skewed Order in Two Terrorism Prosecutions in Australia

This article explores two terrorism prosecutions – R v. Benbrika and Ors and R v. Elomar and Ors – to probe how Australian lawyers approach the integration of national security interests into the heart of public law. A brief background is provided followed by an analysis of how the Security Legislation Amendment (Terrorism) Act 2002 (Cth), as amended, and the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) deviate from the legal order to produce a ‘skewed blend’ between national security and criminal justice. We examine three ways in which barristers contribute to bending of process in counter‐terrorism trials: accommodation to the precautionary standard, the resetting of equality of arms expectations, and brokered agreements that depend on the deferential relationships within the court. Consequently, the moral asymmetry of terrorism is the backdrop for the ‘plausible legality’ of ‘just world’ derogations from liberal politics.

Metadata Laws, Journalism and Resistance in Australia

The intelligence leaks from Edward Snowden in 2013 unveiled the sophistication and extent of data collection by the United States’ National Security Agency and major global digital firms prompting domestic and international debates about the balance between security and privacy, openness and enclosure, accountability and secrecy. It is difficult not to see a clear connection with the Snowden leaks in the sharp acceleration of new national security legislations in Australia, a long term member of the Five Eyes Alliance. In October 2015, the Australian federal government passed controversial laws that require telecommunications companies to retain the metadata of their customers for a period of two years. The new acts pose serious threats for the profession of journalism as they enable government agencies to easily identify and pursue journalists’ sources. Bulk data collections of this type of information deter future whistleblowers from approaching journalists, making the performance of the latter’s democratic role a challenge. After situating this debate within the scholarly literature at the intersection between surveillance studies and communication studies, this article discusses the political context in which journalists are operating and working in Australia; assesses how metadata laws have affected journalism practices and addresses the possibility for resistance.

Evolution of US Health Care Reform

Major health policy creation or changes, including governmental and private policies affecting health care delivery are based on health care reform(s). Health care reform has been a global issue over the years and the United States has seen proposals for multiple reforms over the years. A successful, health care proposal in the United States with involvement of the federal government was the short-lived establishment of the first system of national medical care in the South. In the 20th century, the United States was influenced by progressivism leading to the initiation of efforts to achieve universal coverage, supported by a Republican presidential candidate, Theodore Roosevelt. In 1933, Franklin D. Roosevelt, a Democrat, included a publicly funded health care program while drafting provisions to Social Security legislation, which was eliminated from the final legislation. Subsequently, multiple proposals were introduced, starting in 1949 with President Harry S Truman who proposed universal health care; the proposal by Lyndon B. Johnson with Social Security Act in 1965 which created Medicare and Medicaid; proposals by Ted Kennedy and President Richard Nixon that promoted variations of universal health care. presidential candidate Jimmy Carter also proposed universal health care. This was followed by an effort by President Bill Clinton and headed by first lady Hillary Clinton in 1993, but was not enacted into law. Finally, the election of President Barack Obama and control of both houses of Congress by the Democrats led to the passage of the Affordable Care Act (ACA), often referred to as “ObamaCare” was signed into law in March 2010. Since then, the ACA, or Obamacare, has become a centerpiece of political campaigning. The Republicans now control the presidency and both houses of Congress and are attempting to repeal and replace the ACA. Key words: Health care reform, Affordable Care Act (ACA), Obamacare, Medicare, Medicaid, American Health Care Act

The Digital Footprint and Principles of Personality Protection in the European Union

The concept of so called Digital Footprint represents a phenomenon of modern digital era. Natural persons who use digital services create, deliberately or unknowingly, a kind of digital imprint which contains sensitive personal information. Personal data can be relatively easily tracked by digital services providers and subsequently processed for commercial purposes, usually for targeted advertising, or misused for illegal purposes. Therefore, personal data shall be regarded as a potential threat to individual’s privacy. It shall be borne in mind that awareness about digital safety within society is still low - social websites encourage users to share sensitive personal data with undisclosed range of recipients, benevolent settings of internet browsers allows to track cookies or mere visiting websites enables specialised programs to create a comprehensive behavioural profile consisting of one’s private life, customs, social status or consuming preferences. Current trend in digital security legislation seeks for a balances solution between the right to privacy and commercial interests of personal data processors. The European legislation on personal data protection and respective case law has begun to constitute an integral part of consumer protection law.

REFLECTIONS ON THE CONDUCT OF THE SOUTH AFRICAN POLICE (SAP) AND VIOLENT POLITICAL CONFLICT, CA. 1984-1989

During the 1980s, political violence had the best of the South African landscape. While the minority regime struggled to find a political solution, it simultaneously employed its vast security complex to suppress the upheavals. The South African Police, naturally, represented the apartheid-state’s immediate mechanism. The carnage was unprecedented in scope and severity. As such the South African Police, bolstered by draconian security legislation, utilized unprecedented means in quashing opposition. The article aims to address certain aspects of the police’s conduct during this time. It should, however, be taken into account that an in-depth analysis of police conduct during the 1980s cannot be undertaken in a single article.

Юрисдикція щодо правопорушень вчинених на борту літака під час польоту за Токійською конвенцією 1963

Мета: основна мета даної статті полягає в уточненні деяких аспектів юрисдикції щодо злочинів та інших правопорушень вчинених на борту повітряного судна під час польоту. У статті розглядається правовий механізм регулювання авіаційної безпеки відповідно до Токійської конвенції 1963 року, а також оцінюється його ефективність щодо попередження правопорушень проти авіаційної безпеки у майбутньому. Методи: для аналізу правового регулювання у сфері юрисдикції щодо злочинів та інших правопорушень, вчинених на борту повітряного судна під час польоту, використано метод індукції, системний підхід, формально-юридичний та case-study методи. Результати: з дослідження випливає, що хоча Токійська конвенція внесла значний внесок у встановлення більш чітких правил юрисдикції щодо злочинів та інших правопорушень, вчинених на борту повітряних суден, вона не є досконалою і містить певні недоліки. Таким чином, законодавство у сфері юрисдикції щодо злочинів та інших правопорушень, вчинених на борту повітряного судна під час польоту, потребує доповнення та вдосконалення. Обговорення: результати дослідження дозволяють виділити основні недоліки Токійської конвенції. По-перше, Конвенція не надає чіткого визначення або переліку злочинів та інших правопорушень, до яких вона застосовується; натомість у цьому питанні вона покладається на внутрішні закони держав. Крім того, наявність виключення про злочини політичного, расового або релігійного характеру (“freedom fighter exception”) і відсутність дієвого примусового механізму може стати перешкодою для досягнення основних цілей Конвенції – забезпечення правосуддя у разі порушення авіаційної безпеки, а також запобігання подібним злочинам та іншим правопорушенням у майбутньому. Таким чином, подальше вдосконалення законодавства в галузі авіаційної безпеки є необхідним для забезпечення його ефективності та відповідності викликам сьогодення.

Methods to Counter Information War

The government should be prepared to prevent and counteract state of the art techniques of warfare, viz.: to work out measures to oppose enemy’s information weapons; to gain information superiority; to develop a society that is immune to information; to establish a con- cept of counteraction to information warfare. The authors have examined both foreign and Russian sources of law defining the requirements for the government activities to confront the information war. They also refer to the viewpoints of foreign and Russian researchers, politicians and public figures who have narrated their opinions on the concept and features of such political and legal constructs as information war and information weapons. The problem of information warfare must be identified as a profoundly serious and damaging threat. The paper expands on some provisions defining the characteristics of information warfare and methods to resist it as well as the proposals to amend the domestic legislation to create conditions for an accurate understanding of this political and legal phenomenon. In addition, it emphasizes the view that amending the Information Security Doctrine is not enough to counterbalance the threat of IW. In a separate document it is necessary to recount all notions, requirements and methods for the government actions to bring about a gradual change in the situation, inter alia, developing sectoral (information security) legislation, training specialists in informational and psychological counter aggression, shaping public opinion through the government-run media, pursuing advocacy policy, etc.

Un Peacekeeping as the Most Presentable Part of Japan’s 2015 Peace and Security Legislation

In September 2015, the Japanese Diet enacted a series of laws – the Peace and Security Legislation – to enable the Japan Self-Defense Force to play an enhanced role in peace deployments overseas. The enactment of the new laws was made possible by a “new” interpretation of Article 9 of the Japanese Constitution. While the main objective of the introduction of the laws was aimed at strengthening the alliance with the United States, jsdf participation in peace operations was also an important consideration politically. This article suggests that the Japanese government will now need to convince the public that the new Peace and Security Legislation is compatible with Japan’s constitutionally mandated pacifism. In light of the prospect of an expanded participation of Japan in international peace operations this will be particularly important.

The Legal Quagmire of Civilian Protection in Peacekeeping under Japan’s New Security Legislation

Japan’s new security legislation, enacted on 30 September 2015 and came into force on 29 March 2016, has expanded the scope in which the Japanese Self-Defence Forces (sdf) personnel can use weapons while engaging in a peacekeeping mission. Among other changes, it authorises the sdf to use weapons in order to protect civilians (civilian protection mandate) or to come to the aid of geographically distant units (“come-to-the-aid” mandate). While this policy itself deserves approbation, its implementation by the sdf in peacekeeping operations under the new security legislation requires careful consideration. This article examines the legal quagmire they will encounter due to the recent jurisprudential development and associated debate regarding the regulation of the use of force in peacekeeping under international law and the circumstances where legal obligations may arise to use force in order to protect civilians. It concludes by suggesting the need for Japan to form its own legal position in relation to each of the debatable legal issues and to develop national rules of engagement for each peacekeeping operation they participate in with a view to effectively communicating its legal position in operational terms to its forces.