Social and economic rights

Relation to socio-economic rights in different countries varies. In the states of totalitarian socialism it is emphasized and they are in first place in the head of the constitutions of the rights and duties of citizens. In the post-socialist constitutions, they pushed back the natural rights of man. The constitutions of the capitalist countries, and many developing countries, they are usually listed interspersed with other rights.

The constitutions adopted before the First World War, did not address the socio-economic rights of the individual and citizen. The inclusion of such provisions in a large scale (some references in the Constitution met in Mexico in 1917, Germany's Weimar Constitution of 1919.) Is associated with the experience of Russia, then the Soviet Union and other countries of totalitarian socialism. After the Second World War, the situation of social and economic rights of citizens were included in the constitution of the capitalist countries (in Japanese in 1946, Italian 1947).

But now, not only in the existing old constitutions (eg U.S.), but also in many new basic laws no rules on social and economic rights of citizens, and in many cases (including some post-socialist states) the relevant provisions are framed as requests how certain intentions of the state (remember what was said above about the moral rights).

By the same standards of social and economic rights allow for other options (the right to work does not exclude the unemployment rate). In some countries, regulations on social and economic rights are included in the sections of the policy principles of the policy of the state and are not seen as subjective rights protected by the court, but only as a guide to the activities of the government (India, Nigeria, the Philippines, etc.).

Among the socio-economic rights is first and foremost the right to property and inheritance. Some property, even for a small household items, other items, the elements of the natural environment, to all persons, even those that are in the jungle or on the Lost Isles are primitive way of life.

The constitutions it is primarily about the property, providing vital human needs. It is usually referred to as a privately owned, although there are other concepts of private property (eg, Marxism).

However, a large private property (especially one that is defined by Marxism as the ownership of the means of production) may not have all the members of society, some of them denied it, and forced to work for wages in the state, at the collective owners (such as joint-stock companies) or entrepreneurs .

The output of such a provision Marxists see the destruction of private property, which they described as exploitative (it is the ownership of the means of production, - the existence of the same property as such and ownership of Marxism rejects).

Such elimination of private property can be carried out from the point of view of Marxism-Leninism, by continuous nationalization of means of production to make all workers' syndicate unified state, "or through the voluntary cooperation of farmers, artisans and craftsmen, which was seen as the transformation of private property into public employment socialist, although in practice this has resulted in the forced cooperation, which led to the Soviet Union millions of victims.

Representatives of other scientific fields they see ways to overcome this contradiction in the creation of the "middle class" that has become prevalent in a society with a high standard of living, or to limit the rotation of employees in the co-owners of enterprises (through the purchase of shares, profit-sharing in enterprise management, etc . etc.), limit the rights of the owner in accordance with the concept of the social role of private property, etc.

There are other scientific opinion, according to which the modern productive forces in the era of post-industrial information society outgrown the framework of private ownership of the means of production, becoming uneconomical for owners and retarding the development of production.

It is believed that the very development of production leads to the socialization of property in a variety of ways, including through the establishment of such enterprises that belong to persons working on them (such businesses, including those owned by the unions, quite a lot in some of the Scandinavian countries, and they have to USA).

On the right of property in a given volume states in almost all constitutions (except for temporary Basic Law). Many of them have no previous language of the sacred and inviolable private property, but instead refers to the social functions of private property, that it behooves the owner (Brazil, Germany, Italy, etc.).

Under the Constitution, the property may be seized for state and public needs in the public interest. Possible nationalization of certain industries, serving public needs (electricity, water, gas, oil, automobile plants), however, in practice, this provision is interpreted very broadly: the nationalization of various objects occurred in the UK, Egypt, Italy, France, Mexico, etc. d.

Under martial law can requisition - a temporary seizure of property, such as for the purposes of national defense, but for a fee, perhaps temporary seizure by customs forbidden to export items may be limited to the owner's right to dispose of land (urban, agricultural land, etc.).

However, the specific property of the owner (other than requisition and some other cases) may be withdrawn only for a public purpose, on the basis of the law by the court and fair compensation, which in case of dispute, as determined by the court, and often must be provisional.

You can have any property which is not prohibited by law. However, in many countries, foreigners do not have title to land, natural underground wealth. In addition, some of the objects removed from circulation and can not be owned by individuals (poisons, certain weapons, etc.).

According to classical Islamic law four "elements" - pasture, water, air and fire - are the subject of public and can not be owned by private individuals. In fact, land and water in many Muslim countries have long established private property.

The constitutions of totalitarian socialist countries, there is a different approach to ownership. Private ownership is seen as exploitative and, in principle, be considered incompatible with socialism, although in recent years the surviving totalitarian socialist countries (except North Korea and Cuba in part) private ownership and entrepreneurship are allowed in a rather large scale.

Constitution of totalitarian socialism come from the division of ownership of objects of production and consumer goods (appliances). The latter form is characterized by the constitutions of the property as personal property, its protection is guaranteed. Also permitted private ownership of labor: the property of individual peasants, artisans and craftsmen of the limited size means of production, tools, etc.

Constitution of totalitarian socialism establish the unequal status of different types of property. The law establishes the advantages of the socialist ownership (state and public, that is property of various associations of employees, primarily production cooperatives of farmers), the highest among them is the State, subject to heightened legal protection.

In modern constitutions, increasingly, intellectual property associated with creative work (such as copyright). We are talking about the intangible property, such as the author's name on the integrity of the work, inventions, the right to derive income from authorship, etc.

On the right of ownership is related to the free economic initiative, to entrepreneurial activity. This right to engage in any gainful activity, if such activity is not prohibited by law (may be prohibited, for example, the production of toxins, weapons). For business there is a state registration certificate is issued, the license indicating the permitted activities.

Abuse of this right is not allowed. In many countries prohibited monopolistic activity - creating associations to oust competitors from the market and set monopoly prices for its products, it is forbidden to restrict the freedom of legitimate competition, there are special laws for the protection of consumer rights, organized a special consumer society (associations), whose activities are usually quite effective.

Among the most important socio-economic rights are the rights relating to labor relations. It is above all the right to work and freedom of labor. The Constitution and laws govern the collective work in the community rather than the individual for themselves (for example, work in the garden area). Constitution of totalitarian socialism are limited to the right to work (freedom of labor does not say), under which usually means providing state-guaranteed work for all able-bodied and willing to work hard, and the elimination of unemployment.

Indeed, in many of these countries (but not all) of mass unemployment in 10 - 15 years after the socialist revolution has been eliminated, however, due to an overabundance of jobs and the associated extremely low wages: wages, in fact, shared among all workers, including redundant.

In capitalist countries, the situation of the right to work has been included in the constitution, as a rule, after the Second World War, and was accompanied by the proviso of state aid the unemployed. It was supplemented by provisions on the freedom of labor, ie the right to engage in any type of work as they wish, if this form of work is not prohibited by law.

This formulation was simultaneously directed against forced labor practiced in totalitarian, fascist states, and against mandatory forced labor (in some socialist countries, particularly in the Soviet Union, in time of peace was introduced forcing the so-called socially useful work for parasites, practiced their administrative expulsion of some of the larger cities). In democratic countries, forced labor is allowed in the military, upon conviction, to a state of emergency.

The right to work and freedom of work are complemented by constitutional provisions for a safe and healthy working conditions, the right to free choice of employment, to adequate remuneration (in socialist constitutions usually refers to a payment depending on its quantity and quality, and sometimes - from the social significance) , the right to a fair wage. The law establishes a mandatory hourly (in the U.S.) or monthly (in France) for a minimum wage. There is a welfare payment in the event of involuntary unemployment.

It is usually a percentage of the previous average wage (in the UK - 50-60%, 30-35% in Germany) and is paid less than a year (in Canada - 8 months), and only those persons who previously paid from the salary insurance contributions for unemployment (in most countries, the benefit is obtained only from 2/3 to 1/2 the unemployed). The allowance is reduced every few months. In case of refusal of the proposed work twice unemployed person can be removed from the manual.

Among the socio-economic rights of the constitution of foreign countries is also called the right to rest. It means the provision of one or two days off a week, which is paid by the employer (sometimes these days more if carried out a forced reduction of working time in order to increase employment), the establishment of the law limiting the working week of 40 hours (which, however, does not exist in many developing countries), annual paid leave.

In many developed capitalist countries, the duration of such leave, the law is 3 (Germany) - 5 (Spain, France) weeks, but according to statistics, it lasts longer (for example, in Germany, two thirds working rest, including holidays, 36 days), so both the employer and the collective bargaining union leave may be increased, which is done. In Italy, the holiday lasts approximately 4 weeks, and the U.S. - 23 days.

The shortest vacation in Japan: Statistics 7.6 days per year. In many developing countries the laws of leave there is no way, however, and most holidays for many categories of workers, especially in agriculture, the service

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