The social rights consist of a group of rights that are guaranteed by the legislation ordinary , social rights are fundamental and are affirmed by the Constitution and by international human rights treaties . They are inspired by justice and are in charge of regulating the behavior of people within society, thus allowing them to resolve social conflicts that may arise in a given place. Find a way to control and establish equalitiesbetween the individuals of a nation in order to protect social security .
Social law is the branch of law that is based on the principles and different norms whose main objective is to protect , ensure and establish the behavior and attitudes of man, ensuring equality within social classes.
- What is social law?
- Branches of social law
- Labor Law
- The right to social security
- Immigration law
- Agricultural law
- Background and History
- Importance of social law
They consist of a group of principles and rules or regulations whose sole purpose is to protect , integrate and monitor the proper behavior of individuals living within a society, either in the middle of it or in the workplace. The right social is the equivalent of human rights and seek ways to relax and increase the rights and guaranteesof the sectors that are most affected by society. It is the law’s way of promoting order and repairing the differences that can occur between social groups to provide protection
The main characteristics of social law are the following:
- It is a cultural and human product .
- It has multiple instrumental functions.
- It is a dynamic object .
- It will be known as a process and not as a single act.
- It has a systematic presence and its rules are hierarchical .
- It is based on social reality .
- Seeks to provide balance to human interests .
- Seeks to establish social values to promote order .
Social law is divided into four different branches, all of them of equal importance to society.
This is the kind of right that protects workers and that also involves companies, employers, unions and the government. Within it we find collective and individual labor legislation . The collective refers to the relationship that exists between the employee, the boss and the union. The individual refers to the rights that each worker has.
It is the type of social right that guarantees people, regardless of age or ability, the means they need to achieve basic services . It is formed by the principles of integrity (social security that covers the loss of livelihoods), flexibility (flexible retirement ages depending on the jobs performed), and non- discrimination (social security must be for everyone without any type of discrimination, this implies sex, ethnicity, health, sexuality, language, religion, etc.).
It involves the policies of the government of a nation that controls immigration and deportation of people. These laws vary from place to place and is regulated by international law . Each country is responsible for defining the amount of time that a person can be in the country and their rights.
It includes the agrarian laws that are in charge of regulating and exploiting agricultural lands and is one of the most important branches of social law as it gives protection to workers who own land.
Background and History
Some historians consider that social law was born by a series of sociological causes obeying a group of circumstances . In this way, the Industrial Revolution and the liberal economic system gave rise to the working class and Social Law. From the moment that different groups of society appeared and social law began. Social rights have a history based on a series of revolutions and struggles,
Social law evolved with the advent of the Renaissance which produced a new and revitalized idea of law to promote equal relationships between individuals in a society. Before that time, Roman law was the one that applied in all communities. When the modern state arose, they arose with different types of law, including social law.
The purposes of social law imply that all people in a place have the same rights , to health, to education, to work to obtain a productive occupation, it provides protection to families and individuals, to social security as a public service that guarantee health, unionism and strikes.
It is important because it indicates the equality that exists between men and women with respect to the law, since all individuals can enjoy the same rights regardless of their ethnicity, social class, language, religion, skin color, type of work , studies, disabilities, etc. It clearly establishes that everyone has the right to the services that the State can provide and, for this reason, indicates the laws and guidelines to follow to achieve it.
Some examples of social rights would be:
- Right to a job and a fair salary.
- Right to social protection in cases of need.
- Right to decent housing.
- Right to education .
- Right to health.
- Right to a healthy environment, access to culture and all areas of public life.
- Right to food and food sovereignty.