Socio-economic rights. Social human rights

Any person should be able to exercise their social rights, which they are obliged to provide.

The completeness of these rights is determined by the social status in society - pensioners, minors can enjoy various state benefits. But all these benefits are given so that each person, regardless of his status, can realize himself in society and life.

Social rights also mean the protection of children by the state

Social rights are a complex of social benefits provided to a person and a citizen by the state. The concept of "social" means a person's connection with society and affects their relationship. Social rights are given to a person in order to realize his interests related to life in society.

The main source of rights and their guarantor for a citizen of the Russian Federation and the entire population of the country is the Constitution of the Russian Federation. The document defines the rights and freedoms provided to Russians, foreign citizens, persons who do not currently have citizenship who are or reside in the country.

The Constitution of the Russian Federation distinguishes between the concepts of civil rights and human rights. Human rights are given to him from birth and do not depend on his nationality, race, gender, religion and other characteristics. In the documentary form, definitions of human rights are supplemented with the phrase “everyone has the right”, etc., thereby emphasizing the equality of the rights of any person staying within the borders of the Russian Federation.

In addition to the constitutional laws that each state has, human rights are also determined by an international agreement - the Universal Declaration of Human Rights, adopted at a meeting of the UN General Assembly a few years after the end of World War II. Social human rights are also regulated by other documents of the international level.

Social are protected by law, being a legal category. Social benefits of this type are given only to those people who are in stable legal relations with a particular state, that is, they are its citizens.

Social rights belong to the second generation of rights and freedoms. In total, three generations are distinguished in the history of the formation of this category:

• The first generation appeared at a time when bourgeois revolutions raged in Europe (17-18 centuries). The category of first generation rights and freedoms is of a political and civil nature. The concept of negativism is applicable to them, that is, the independence of their manifestation from the actions and attitudes of the state. It is customary to refer to the first generation as the right to life, freedom of thought, speech, personality, inviolability of the home, etc.
• The second generation of rights and freedoms includes social, economic and cultural benefits, the need for which was recognized only by the middle of the 20th century. in connection with the various socialist movements that have arisen around the world. These rights are classified as positive - requiring government intervention for their implementation and observance (the right to childhood and motherhood, health care, education, free labor, etc.)
• The category of third generation rights and freedoms includes collective and national goods, the need for which arose in connection with the aggravation of global problems affecting entire peoples and nations (the right to information, peace, a favorable environment, etc.).

An important point is that the use of the provided rights and freedoms of one person should not violate or infringe in any way on the rights of other people. Therefore, the benefits that the state can provide cannot be unlimited, otherwise it will lead to the emergence of many conflicts.

The video will acquaint you with the basics of social law:

The boundaries of social rights

Everyone has the right to social protection

The articles of the Constitution of the Russian Federation establish a number of social rights that can be used by any citizen of our country.

The right to social security is granted to various categories of citizens due to a number of circumstances:

1. reaching retirement age;
2. disability;
3. temporary disability;
4. loss of a breadwinner;
5. loss of earnings (work);
6. lack of earnings to ensure normal life, etc.

Social security is realized in material terms (payment of pensions, unemployment benefits, disability benefits, etc.) and in the provision of benefits (free trips in public transport, getting housing out of turn, getting medicines and medical services free of charge, etc.). The procedure for calculating pensions and benefits is regulated at the federal and local levels.

The right to motherhood and childhood and their protection, as well as the protection of the family, includes such points as:

• endowing both parents with equal rights and responsibilities for raising and caring for a child;
  realization of the rights of parents in accordance with the interests of the child;
• a ban on the refusal of employment for women raising young children and pregnant women;
  granting leave for the period of pregnancy and childbirth, childcare, payment of state benefits.

Encouraging motherhood and strengthening the family is one of the main trends in the social policy of the modern state.

The right to housing includes the following points:

1. legal basis for residence;
2. affordability of housing;
3. the suitability of housing for living;
4. availability of necessary services and infrastructure in the area of ​​residence.

The housing policy of the Russian state includes support for low-income families, other beneficiaries and other categories of citizens through the creation and maintenance of municipal and private housing funds, the development of private property, competition in the field of repair, construction and maintenance of the housing stock.

Any person who has applied to a medical institution has the right to health care and medical care. Municipal and state medical institutions provide the required assistance free of charge. The material support of such institutions is provided on the basis of budgetary funds, insurance premiums fund and from other available sources of funding.

In order to ensure and enable the realization of the right to health care, state policy provides for the development of a number of programs aimed at protecting and strengthening the health of citizens, developing health systems at all levels, and increasing public interest in a healthy lifestyle.

Any person in our country has the right to education, regardless of gender, nationality, religion, material well-being and other circumstances. The laws of the Russian Federation guarantee the availability and gratuitousness of education at all levels, from preschool to secondary vocational education. In municipal and state educational institutions, education is given in accordance with federal standards.

You can also get a higher professional education free of charge by first entering a state or municipal institution of the corresponding level on a competitive basis. The education system in Russia is constantly being modernized in order to fully realize the right to education.

Social rights in our country are regulated by the state Constitution and various international agreements, the main of which is the Universal Declaration of Human Rights. The state should not only provide social benefits, but also ensure the possibility of their implementation for all strata of society, regardless of national, racial, religious and other differences of individuals.

An expert lawyer's opinion:

The social security system in our country is now in a transitional period. It can continue for a long time, several decades. After the collapse of the USSR, in Russia there have been profound changes in society, economy and in the minds of people. The state monopoly on the ownership of the means of production ceased to exist. The redistribution of production results occurs according to a different principle, which is not fair.

According to the materials of the Accounts Chamber of the Russian Federation, 71% of the population owns 3% of the property, and 5% own 72.5% of the property. Therefore, the implementation of the state's social policy directly depends on its economic capabilities. The outbreak of another economic crisis makes it possible to write off the consequences of an ill-considered course in the social sphere. There is no clear state concept. Instead, the state randomly implements various social projects, depending on the mood in society and its capabilities.

The consequences of the so-called “monetization” of benefits are still fresh in the memory of pensioners and beneficiaries. The duty of the state is to protect the social benefits of a person and all kinds of support for those citizens who cannot do this on their own.

The main indicators of social development emphasize the unresolved problems of a person. The result of this is a contradiction between the social essence of the state and its constitutional obligations. The legislative activity of the state is reduced to the adoption of laws that are not able to build a coherent system of social guarantees for every citizen of Russia.

I. Personal (civil) rights and freedoms. According to Ch.
2 of the Constitution of the Russian Federation, this group of rights includes:
§ the right to live,
§ the right to liberty and security of person,
§ the right to inviolability of the home,
§ the right to privacy,
§ the right to privacy of correspondence, telephone conversations,
post, telegraph and other messages,
§ the right to determine nationality,
§ the right to use the native language,
§ the right to freedom of movement and residence,
§ the right to freedom of conscience
II. Political rights. Associated with possession
citizenship of the state and, in contrast to personal rights,
addressed in the Constitution "to everyone" belong
only "citizens". Their implementation allows
citizens participate in political life
society, in government. Citizen
can participate in the political life of society
reaching the age of 18.
Citizens have equal access to government
service of all kinds. Each of them has the right
to unite in public organizations, including
the right to form political parties for
direct solution of state problems,
trade unions to protect their production,
social and other interests, achievements
established goals, etc.
III. Social and economic rights. Form a special
a group of fundamental human and civil rights and freedoms.
They belong to such important areas of life as
property, labor relations, health, recreation,
education and serve to provide material,
spiritual, physical and other socially significant
needs and interests of the individual.
In Art. 7 of the Constitution of the Russian Federation enshrined the provisions
defining economic, social and
cultural rights of man and citizen. To them
include: property (Art. 35); the right to land (Art.
36); freedom of work and the right to work in proper
conditions (Art. 37); family protection (art. 38); right
social security (art. 39); the right to housing (Art.
40); the right to health care and medical care
(art. 41); right to a healthy environment
(art. 41); the right to education (art. 43); Liberty
scientific, technical, literary,
artistic and other types of creativity, teaching
(part 1.2 of article 44); right to use institutions
culture (part 3 of article 44).
Constitutional obligations, when enshrined,
in the Constitution of the Russian Federation, acquire the highest legal
strength and universal character.
To the constitutional obligations of a person and
citizen include:
§ Compliance with the Constitution of the Russian Federation
§ Respect for the rights and freedoms of others
§ The duty of parents to take care of children, of their
education
§ Obligation of able-bodied adults
children to take care of their disabled parents
§ Obligation of parents or their substitutes
(guardians, trustees) to ensure that children receive
education at this level
§ Take care of the preservation of the historical and cultural
heritage, protect historical and cultural monuments
§ Pay legally established taxes and fees
§ Conserve nature and the environment, carefully
treat natural resources
§ The duty of citizens of the Russian Federation to defend the Fatherland.

The totality of constitutional human rights (or only citizens of a particular state), giving him the opportunity to claim to receive material benefits from the state (under certain conditions). Usually to S.p.ch. relate right to social security, the right to education, right to health and medical assistance, right to housing, special rights of children and the rights of persons with disabilities. S.p.ch. are fixed at the constitutional level not in all countries of the world. They are proclaimed to the fullest extent in the constitutions of "socialist" and "post-socialist" states. In some developed as well as developing countries, C.p. ch. began to be proclaimed after the Second World War, but usually without providing them with judicial protection. Fixed in Art. 38-41 and 43 of the Constitution of the Russian Federation.

A large legal dictionary. - M .: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukhareva. 2003 .

See what is "SOCIAL HUMAN RIGHTS" in other dictionaries:

A set of constitutional human rights that allow him to claim to receive certain material benefits from the state. Typically, social human rights include: the right to social security; the right to education; right to… … Financial vocabulary

SOCIAL HUMAN RIGHTS- a set of constitutional human rights that give him the opportunity to claim to receive from the state, under certain conditions, certain material benefits. Usually to S.p.ch. include the right to social security, the right to education ... Legal encyclopedia

SOCIAL HUMAN RIGHTS- a set of constitutional human rights (or only citizens of a particular state), giving him the opportunity to claim to receive from the state, under certain conditions, certain material benefits. Usually to social human rights ... Professional education. Dictionary

The totality of constitutional human rights that give him the opportunity to claim to receive from the state, under certain conditions, certain material benefits. include the right to social security, the right to education, ... ...

The totality of constitutional human rights (or only citizens of a particular state), giving him the opportunity to claim to receive from the state (under certain conditions) certain material benefits. Usually to S.p.ch. belong right ... ... Encyclopedia of the Lawyer

social human rights- a set of constitutional human rights (or only citizens of a particular state), giving him the opportunity to claim to receive material benefits from the state (under certain conditions). Usually to S.p.ch. include the right to social ... ... Big Law Dictionary

Social human rights- This is a set of constitutional human rights (or only citizens of a particular state), giving him the opportunity to claim to receive material or other benefits from the state under certain conditions. Towards social rights that guarantee ... ... Big Law Dictionary

HUMAN RIGHTS SOCIAL- SOCIAL HUMAN RIGHTS ... Legal encyclopedia

Concept. characterizing the legal status of a person in relation to the state, his capabilities and claims in the economic, social, political and cultural spheres. The concept of P.ch. appeared in the era of bourgeois revolutions. P.ch. wear ... ... Encyclopedia of the Lawyer

- (see HUMAN SOCIAL RIGHTS) ... Encyclopedic Dictionary of Economics and Law

Books

• Human rights. Textbook , . "Human Rights" is the first textbook on this subject in Russian legal literature. The team of authors tried to show all the complexity and versatility of human rights, their essence, ...
• Human rights. Textbook, E. Lukasheva (ed.). "Human Rights" is the first textbook on this subject in Russian legal literature. The team of authors tried to show all the complexity and versatility of human rights, their essence, ...

A wide range of public relations in the social sphere is regulated by the norms of social law. The subject of social law is:

Legal regulation of employment; occupational safety and health of the population; social Security;

Social insurance and pension provision;

Legal regulation of social protection of certain categories of citizens (military personnel, veterans, elderly citizens, disabled people, citizens with children, women and children, refugees, internally displaced persons, officials of various categories and other persons) living in Russia and in need of social protection ;

Legal regulation of the formation and activities of social protection bodies.

Social law, as a branch of Russian law, is associated with other branches of law of the Russian Federation: constitutional or state law, labor law, civil law, administrative law, financial law and criminal law.

The basic legal principles of social law are enshrined in the Constitution of the Russian Federation, a number of civil law norms providing for the protection of the rights of minors, the possibility of recovering damages in the event of harm to the health of citizens, are also used in social protection of underage citizens, as well as citizens who have been injured.

For example, in the social protection of women and minors, labor law norms are used that regulate the work of women and minors.

The norms of social law, which provide for the procedure for the payment and establishment of the amount of benefits paid to citizens with children, are closely related to the norms of financial law.

Social law performs the following main functions:

Economic;

Political;

Social;

Educational.

The allocation of these functions is necessary for understanding the specifics and social purpose of social law.

Economic function social law is the impact of the right to create livelihoods for people, the processes of distribution, consumption, labor protection and wages.

Political function social law lies in the fact that in its norms the main provisions of the social policy of the state are fixed. And this circumstance is precisely what contributes to the implementation of this policy.

Organizational function social law is the creation of a system of social protection services, the organization of protection against unemployment, the organization of social security, social insurance, ensuring safe living conditions and the well-being of the population, improving the culture of work, everyday life and recreation.

Educational function social law is to improve the culture of relationships in the process of work and in everyday life, in respect for the interests of others, especially for the interests of socially unsettled persons, in fostering kindness to people, in affirming the principles of compassion, mercy, philanthropy in society.

The successful functioning of the social protection system is of particular importance in the context of the transition to market relations. The legal regulation of the organization of social protection consists in the fact that a number of normative acts on social protection provide for a system for managing such protection.

The structure of this system is as follows:

a) the control subsystem (executive bodies of state power of the Russian Federation, administrations of cities, districts, local government bodies, state bodies of social protection in the center and in the field, charitable organizations, citizens engaged in charitable activities);

b) a controlled subsystem (social protection institutions and persons who are subject to social protection in accordance with the social legislation of the Russian Federation);

d) social control over the implementation of normative acts on social protection and responsibility for their violation.

It is generally recognized that social control is one of the regulators of social relations that ensure the stability of the social system and the management of the subjects included in its structure. Responsibility means the observance of the rights and the fulfillment of their duties by the subjects included in the structure of the system. For these reasons, social control and responsibility are necessary elements of the structure of the system of organizing social policy.

Public relations in the field of legal protection, regulated by the norms of social law, are social legal relations. Participants, subjects of these legal relations have mutual obligations and rights.

Participants in social legal relations are limited in their choice of behavioral options by the framework of the legal norm that regulates this type of legal relationship. If the behavior of at least one of the participants deviates from the prescription of the legal norm, appropriate sanctions are applied to the offender. The object of a social legal relationship is understood to be what the command of its participants is directed to. The objects of social legal relations can be very different For example, this is the provision of material or medical assistance, the provision of legal services, the provision of spiritual benefits, services at home and in social protection institutions, the performance of certain works to ensure normal living conditions for persons who find themselves in a difficult life situation, who have become a victim of accidents, etc. The end result of the interaction of the subjects of social legal relationship will be the implementation of a specific type of social assistance provided for by this legal relationship.

Financial resources of any country accumulate and move between the state, enterprises (firms) and the population (households) The finances of the social sector as the most important sphere of society's life are accumulated and distributed between the state, firms and the population, but their roles, financial obligations and responsibilities differ significantly depending on from the adopted business model and the achieved standards of consumption of social goods and services in each country.

In the modern Russian economy, the division of financial obligations to ensure social policy between the state, firms and the population takes specific forms. They are distributed between the state and households. The overwhelming majority of firms from this practically

are eliminated. Employers are also the subject of social policy. In most cases, their role is passive, since they are obliged to follow the general social rules that are established by state (central and local) power structures.

So, in the field of social policy, employers must provide mandatory conditions for social support of employees (minimum wage level; compulsory insurance according to established standards - pension, social, medical, unemployment, social payments and compensation. Attributed to the wage fund, etc. .). At the same time, having significant financial resources, many employers can create jobs at their enterprises and organizations that are attractive to employees for their high wages, various social benefits (free meals, the possibility of obtaining long-term interest-free loans, etc.).

State power structures, creating this or that economic environment, shape the economic interests of employers who develop the most profitable industries for them. In the event that the decisions of the legislative and executive authorities are erroneous or inaccurate, the economic interests of employers come into conflict with the interests of society as a whole and become factors in the growth of social tension.

The social infrastructure and social funds of enterprises, which were large-scale in Soviet times, have become unacceptable in market conditions due to very high costs. Therefore, a massive "dumping" of social infrastructure, departmental housing to local budgets followed, which immediately became widespread in Russia. The burden of social spending has largely shifted to the state and its budgetary system, which led it to a deep crisis, to a complete inability to provide the Soviet level of consumption of social services. An uncontrolled movement has arisen towards the commercialization of basic social services, that is, a spontaneous shift of the financial burden on the income of the population, as a rule, without taking into account the growing differentiation of its income, the social significance of equal access to basic social services.

The development of the processes of budgetary federalism, the redistribution of power between the Center and the regions, leads to the fact that the budgets of the constituent entities of the Russian Federation play an increasingly positive role. Due to the current circumstances, they currently finance everything related to the life support of the population in the region. Regional budgets are much more socially oriented than the federal budget. They finance more than 70% of the costs of the national economy, on average about 80% of the costs of social and cultural events.

Local budgets are aimed at preventing a sharp decline in the standard of living of the population. These are currently survival budgets. First of all, For the poorly protected segments of the population. Local budgets are subsidized everywhere, do not have the ability to freedom of financial maneuver and create prerequisites for the socio-economic development of the city and district.

Trade union and other public organizations, including political parties and social movements, play a kind of "ideological" role in the development and implementation of social policy. They do not have any significant financial resources of a regular nature in comparison with the funds of the state budget, extra-budgetary social funds and employers. At the same time, these structures are representatives of certain strata of the population and stipulate, by documenting the appropriate agreements with state authorities and employers, the minimum level of social protection of those employed in social production (trade unions) or other categories of citizens (social and political movements and parties of various directions).

There is a group of so called passive subjects of social policy, performing infrastructural functions during its implementation. These are banking and credit institutions, insurance companies, health care organizations, culture, etc., responsible for bringing financial, material, technical, spiritual and other values ​​to the object of social policy - a person.

Despite the existing difficulties and contradictions, the process of the formation of civil society and its main structures is under way. The country is developing non-governmental charitable, insurance funds, non-governmental non-profit organizations, which are increasingly involved in solving complex social problems. The level of activity of subjects of various levels depends on many conditions of the order, including measures of economic, financial and legislative.