scholarly journals GUARANTEES FOR THE IMPLEMENTATION OF THE RIGHT TO SOCIAL PROTECTION OF EMPLOYEES IN THE CONTEXT OF EUROPEAN INTEGRATION AND THE IDEA OF DECENT WORK

2020 ◽  
pp. 52-56
Author(s):  
L. P. Amelicheva
Keyword(s):  
European Integration ◽  
Social Protection ◽  
Decent Work ◽  
The Right

scholarly journals TOWARDS A LABOR RIGHT WITH A HUMAN FACE

2021 ◽  
Vol 52 (3) ◽  
pp. 17-24
Author(s):  
Alberto Chartzman Birenbaum ◽  
Keyword(s):  
Human Rights ◽  
Gender Discrimination ◽  
Personal Development ◽  
Social Inclusion ◽  
Social Protection ◽  
National Development ◽  
Human Person ◽  
Decent Work ◽  
The Right ◽  
Human Faces

There can be no development without human rights, just as there are no human rights without development. Furthermore, peace and security are essential for development and respect for human rights. A phrase that sums up and frames very well what the 2030 Agenda means: a roadmap to the world that we want and that we are already building. To help stabilize an economic model in democracy that puts the human person at the center and promotes social inclusion must create conditions that allow decent work. The challenges posed by globalization need human faces for world, regional and national development, through the reaffirmation of essential and universal values. In this context, work constitutes an ethical value, a decisive and determining factor for production. From this premise arises the right to work as a source of personal dignity, family stability and consolidation of social cohesion. It synthesizes the aspirations of people during their working life. It means the opportunity to access a productive job that generates a fair income, security in the workplace and social protection for families; better prospects for personal development and social integration, and equal opportunities and treatment for women and men. Decent Work, that ethical-evaluative assessment designed by the ILO in the 90s at the 89th annual meeting, today in 2021 is still a search paradigm. We are convinced that the worker must be the central axis of the system, subject to preferential guardianship. For this we need all workers to respect their fundamental labor principles and rights, enjoy a fair income, a work environment without gender discrimination or of any other type, where social protection is provided.

Assessing social sustainability in the gig economy

2021 ◽  
Author(s):  
Muralidharan Loganathan
Keyword(s):  
Economic Growth ◽  
Social Protection ◽  
Social Sustainability ◽  
Decent Work ◽  
Sustainable Development Goal ◽  
Development Goal ◽  
Country Level ◽  
Gig Economy ◽  
The World ◽  
Sustainable Economic Growth

Sustainable Development Goal 8 to “Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all” necessitates country level measures across the world. We take forward a comparative analysis of India’s SDG 8 indicator list with both the UN and ILO measurements. We note inadequate measurements on social-protection and rights for non-standard forms of employment including gig work, that are intermediated by ICT platforms. From our analysis we identify some levers to broaden the current indicator measurements to include these non-standard workers as well, to improve social sustainability.

Overcoming Extreme Poverty by Social Protection Floors – Approaches to Closing the Right to Social Security Gap

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Markus Kaltenborn
Keyword(s):  
Sustainable Development ◽  
Social Security ◽  
Development Policy ◽  
Social Transformation ◽  
Social Protection ◽  
Social Rights ◽  
Extreme Poverty ◽  
The Right ◽  
Security Guarantees ◽  
Security Gap

AbstractThe 2030 Agenda for Sustainable Development contains a very ambitious poverty reduction schedule: According to Sustainable Development Goal 1 extreme poverty shall be completely eradicated within the next 15 years (SDG 1.1), and also other forms of poverty shall be reduced within the same period at least by half the proportion of men, women and children of all ages (SDG 1.2). Governments are requested to “(i)mplement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable” (SDG 1.3). The authors of the Agenda refer to the concept of so-called social protection floors which has been identified as an important instrument in the fight against extreme poverty and therefore has attracted much attention in recent development policy debates. In June 2012 the General Conference of the International Labour Organization (ILO) had adopted the Social Protection Floors Recommendation. In this document ILO members are urged, as a first step, to establish basic social security guarantees, including access to essential health care and basic income security for all residents of their countries and, as a second step, to systematically extend these basic social security guarantees into more comprehensive strategies. If we look for legal answers to the global challenge of extreme poverty, then social protection law – and in particular the human right to social security – deserves special attention. Based on the research framework which has been presented by Haglund and Stryker in their book Closing the Rights Gap. From Human Rights to Social Transformation (2015) this article will try to analyze which role the legal systems in the Global South will play in implementing SDG 1 at the national level and in closing the “right to social security-gap”. Haglund and Stryker describe, inter alia, two models for social rights realization which represent alternative approaches to the MDG/SDG concept: (a) the so-called multistage spiral model whose main focus lies on the different phases which new norms have to go through when they are implemented in a state’s society, and (b) the “policy legalization model” which highlights the role of litigation in ensuring social rights compliance. Furthermore the article will deal with the responsibility of the international community in this area of development policy.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

Theories of the food insecurity ‘problem’ and the right to food ‘solution’

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Food Insecurity ◽  
Food Systems ◽  
Social Protection ◽  
Social Acceptability ◽  
Human Right ◽  
Right To Food ◽  
The Social ◽  
Definition Of ◽  
The Right ◽  
Sufficient Food

Chapter 3 sets out the key theories with which the book engages: food insecurity and the human right to food. Following on from a conceptualisation and definition of food insecurity, the right to food is introduced. Emphasis is placed on normative element of ‘adequacy and sustainability of food availability and access’ and on the state’s obligation to ‘respect, protect and fulfil the right to food’. Theories of ‘othering’ and ‘agency’ are employed to assess the social acceptability of emergency food systems as a means of acquiring food, and the power of providers to make sufficient food available through these systems and of potential recipients to access it. Theories of ‘care’ and ‘social protection’ are employed to explore the ways in which charitable providers are in practice taking responsibility for the duty to respect, protect and fulfil the right to food and how shifts in welfare policy are affecting need for this provision.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

PRINCIPLE OF (NON) CUMULATION, THAT IS, ABOUT THE CONFLUENCE OF THE RIGHT TO A RETIREMENT PENSION FROM THE GENERAL AND MILITARY SYSTEMS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 707-716
Author(s):  
Justyna Czerniak-Swędzioł
Keyword(s):  
Social Insurance ◽  
Social Protection ◽  
General System ◽  
Social Solidarity ◽  
Pension Insurance ◽  
Social Insurance System ◽  
Retirement Benefits ◽  
Retirement Pension ◽  
Constitutional Principle ◽  
The Right

Professional soldiers have their own social security system, separate from the general social insurance system, which provides social protection in the event of long service, total incapacity to serve and the death of the breadwinner (pension benefits). At the same time, a professional soldier can accumulate and receive two pensions from different systems, ie universal and reserve. However, the principle of accumulation of benefits based on the applicable provision is dedicated to a narrow group of entitled persons. The principle of non-cumulation is considered to be the basic and dominant one. It is an expression of the principle of risk solidarity in force in social insurance law and is not inconsistent with the constitutional principle of equality expressed in Art. 32 of the Polish Constitution. In the event of the overlapping of the right to several benefits specified in the Act, the pension authority is obliged to pay only one (higher) benefit, even if this right results from various acts, and the possibility of combining benefits must be clearly indicated in the provisions of law. Separation of the insurance and supply system allows each of these systems to fulfill separate obligations towards professional soldiers, not related to the general system. Maintaining the principle that for the same period of retirement pension insurance, two retirement benefits cannot be awarded simultaneously (Article 5 (2a) (2a) of the Pension Act). The exception to the principle of non-accumulation (ie the principle of collecting one benefit) in the case of a professional soldier remaining in service before January 2, 1999 is not determined by the date of admission to service, but the lack of the possibility to calculate the military pension taking into account the “civil” retirement age. The convergence of the right to benefits (from the general and military pension) with the parallel occurrence of these events is contrary to the constitutional principle of social justice. It is not socially just to deprive an insured person who has met the statutory requirements of the right to benefits solely on the basis of social solidarity. In such situations, a significant part of the retiree’s professional life is not reflected in the amount of received retirement benefits.

Assessing vulnerability of informal floating workers in Bangladesh before and during COVID-19 pandemic: a multi-method analysis

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Shafiqul Alam ◽  
Ziaul Haq Adnan ◽  
Mohammed Abdul Baten ◽  
Surajit Bag
Keyword(s):  
Social Protection ◽  
Qualitative Interviews ◽  
Working Environment ◽  
Mental Wellbeing ◽  
Second Phase ◽  
Decent Work ◽  
Content Type ◽  
Informal Workers ◽  
Work Concept ◽  
The Government

PurposeGlobally, a myriad of floating workers is in grave jeopardy due to the ceasing of employment opportunities that resulted from the mobility restriction during the Covid-19. Despite the global concern, developing countries have been suffering disproportionately due to the dominance of informal workers in their labour market, posing the necessity to campaign for the immediate protection of this vulnerable population. This paper analyses various dimensions of the vulnerability of urban floating workers in the context of Covid-19 in Bangladesh. In reference to International Labour Organization's (ILO) “Decent Work” concept, this paper endeavours to examine floating workers' vulnerability using the insider-outsider framework in context to Covid-19 pandemic.Design/methodology/approachThe study was conducted in two phases. In the first phase, data were collected before the pandemic to assess the vulnerability of the informal floating workers. Later, we extended the study to the second phase during the Covid-19 pandemic to understand how pandemic affects the lives and livelihood of floating workers. In phase one, data were collected from a sample of 342 floating workers and analysed based on job security, wages, working environment, psychological wellbeing and education to understand the vulnerability of floating workers. In phase two, 20 in-depth qualitative interviews were conducted, followed by thematic analysis to explore how the pandemic affects the existing vulnerability of floating workers.FindingsVarious social protection schemes were analysed to evaluate their effectiveness in reducing the vulnerability of floating workers facing socio-economic crises. The study has found that the pandemic has multiplied the existing vulnerability of the floating workers on many fronts that include job losses, food crisis, shelter insecurity, education, social, physical and mental wellbeing. In response to the pandemic, the Government stimulus packages and Non-government Covid-19 initiatives lack the appropriate system, magnitude, and focus on protecting the floating workers in Bangladesh.Practical implicationsThis paper outlines various short-term interventions and long-term policy prescriptions to safeguard floating workers' lives and livelihood from the ongoing Corona pandemic and unforeseen uncertainties.Originality/valueThis paper is the first of its kind that aims at understanding the vulnerability of this significant workforce in Bangladesh, taking the whole picture of Government and Non-government initiatives during Covid-19.

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