ACTIVITY OF SOCIAL WORKERS AND SOCIAL WORK SPECIALISTS
Normative-legal basis of the social worker's activity
In its activities, social workers rely on the legal framework existing in the United States, international legal instruments ratified by the United States. These documents are both general (for all spheres of activity) and special (for the social sphere - regulating the activities of social workers).
The United States legal and regulatory documents include:The Constitution of the United States , which declares that: 1) the rights and freedoms of man and citizen are recognized and guaranteed in the United States in accordance with generally recognized principles and norms of international law and in accordance with this Constitution; 2) the basic human rights and freedoms are inalienable and belong to everyone from birth; 3) the exercise of rights and freedoms of man and citizen should not violate the rights and freedoms of others (Article 17 of the Constitution of the United States).
The Labor Code of the United States guarantees the following rights to employees:
- the conclusion, amendment and termination of the employment contract in the manner and under the conditions established by this Code, other federal laws;
- giving him work due to an employment contract;
- a workplace that meets the state regulatory requirements for labor protection and the conditions provided for in the collective agreement
- timely and full payment of wages in accordance with their qualifications, the complexity of labor, the quantity and quality of the work performed;
- rest provided by the establishment of normal working hours, reduced working hours for certain occupations and categories of workers, the provision of weekly public holidays, non-working holidays, paid annual leave;
- complete reliable information on working conditions and labor protection requirements in the workplace;
- vocational training, retraining and upgrading of their qualifications in accordance with the procedure established by this Code, other federal laws;
- association, including the right to form and join trade unions to protect their labor rights, freedoms and legitimate interests;
- participation in the management of the organization in the forms provided by this Code, other federal laws and the collective agreement;
- the conduct of collective bargaining and the conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;
- protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
- the resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by this Code, other federal laws;
- compensation for harm caused to him in connection with the performance of employment duties, and compensation for moral damage in accordance with the procedure established by this Code, other federal laws;
- compulsory social insurance in cases provided for by federal laws.
An employee is required to:
- conscientiously fulfill their labor duties entrusted to him by the employment contract;
- observe the rules of internal labor regulations;
- observe labor discipline;
- to fulfill the established norms of labor;
- comply with the requirements for labor protection and labor safety;
- take care of the property of the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees;
- immediately inform the employer or the immediate supervisor of the occurrence of a situation that poses a threat to life and health of people, the safety of the employer's property, including third-party property held by the employer, if the employer is responsible for the safety of this property (Article 21 of the LC RF ).
Federal Law No. 5487-1 of July 22, 1993, "The Fundamentals of the Legislation of the United States on the Protection of the Health of Citizens" warrants the right to health:
- citizens of the United States have an inalienable right to health protection. This right is ensured by the protection of the natural environment, the creation of favorable working, living conditions, recreation, education and training of citizens, the production and sale of benign food products, and the provision of affordable medical and social assistance to the population;
- the state provides citizens with health protection regardless of gender, race, nationality, language, social origin, official position, place of residence, attitude to religion, beliefs, membership in public associations, and other circumstances;
- the state guarantees citizens protection against any forms of discrimination caused by the presence of any disease (the persons guilty of violating this provision bear the responsibility established by law);
- citizens of the United States located outside its borders are guaranteed the right to health protection in accordance with international treaties of the United States;
- Citizens have the right to receive on a regular basis reliable and timely information on factors that contribute to the preservation of health or exert harmful influence on it, including information on the sanitary and epidemiological well-being of the area of residence, rational dietary norms, products, jobs, services, sanitary norms and rules, on other factors (information is provided by the local administration through the mass media or directly to citizens at their request in the order established the Government of the United States);
- In case of illness, disability and in other cases, citizens have the right to medical and social assistance, which includes preventive, therapeutic and diagnostic, rehabilitation, prosthetic-orthopedic and denture care, as well as measures of a social nature but care for the sick, disabled and invalids, including payment of temporary disablement allowance (articles 17, 19, 20 of the Law).
Federal Law No. 125 of June 24, 1998, "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" warrants right to:
- provision for insurance in accordance with the procedure and on the terms and conditions established by this Federal Law;
- participation in the investigation of the insured event, including with the participation of the trade union body or its authorized representative;
- appealing decisions on the investigation of insurance cases in the state labor inspectorate, trade union bodies and in court;
- the protection of their rights and legitimate interests, including in court;
- free training in safe methods and methods of work without interruption from production, as well as with separation from production in the manner determined by the Government of the United States, with the preservation of average earnings and travel expenses;
- an independent appeal to the medical and preventive institutions of the public health system and the establishment of medical and social expertise on medical examination and reassessment;
- applying to trade union or other authorized representative bodies on compulsory social insurance against accidents at work and occupational diseases;
- receive from the insured and the insurer free information about their rights and obligations for compulsory social insurance against accidents at work and occupational diseases.
The insured must:
- observe the rules on labor protection and instructions on labor protection;
- to notify the insurer of the change in the place of his residence or place of work, as well as about the occurrence of circumstances that result in a change in the amount of security received by him for insurance or loss of the right to receive security for insurance, within ten days from the date of such circumstances;
- to implement recommendations on medical, social and professional rehabilitation within the timeframe established by the rehabilitation program of the person injured as a result of an accident at work and occupational disease, undergo medical examinations and re-examination at the time prescribed by the medical and social expertise institutions, and also in the direction of the insurer (art. 16 of the Law).
Federal Law No. 122 of August 2, 1995, "On Social Services for Older Citizens and People with Disabilities" guarantees social workers:
- the right to professional activity in the field of social services (Article 34 of the Law);
- the right to private activity in the field of social services (Article 35 of the Law);
- the rights of social workers (Article 36 of the Law), according to which social workers employed in the state and municipal sectors of social services are entitled to:
1) work on the terms of an employment contract (contract),
2) free preventive examination and examination upon admission to work and free medical check-up at state and municipal health institutions at the expense of appropriate budgetary allocations,
3) protection of professional honor, dignity and business reputation, including in court,
4) Obtaining qualification certificates and licenses for professional activities in the field of social services,
5) advanced training at the employer's expense,
6) free reception of living space and housing and communal services in case they live in rural areas or urban-type settlements, in accordance with the procedure established by the legislation of the United States.
In the performance of duties, social workers employed in the state or municipal social services sectors are entitled to:
1) provision of special clothing, footwear and equipment or payment of cash compensation for their acquisition in accordance with the procedure determined by the Government of the United States;
2) extraordinary service by state and municipal enterprises of trade, catering, everyday life, communications, branches of savings banks and institutions providing legal assistance to social workers in the performance of official duties;
3) the first installation of a residential telephone and the acquisition of motor vehicles on preferential terms for the purpose of servicing the elderly and disabled people in accordance with the procedure determined by the Government of the United States;
4) free travel on public transport (except taxis) for social workers whose professional activities are related to traveling;
5) compensation for the operation of personal vehicles used to provide social services in the manner determined by the US Government.
In addition, social workers are entitled to additional benefits, which are determined by US law and the laws of US subjects (Article 36 of the Law).
Social services for elderly people and disabled people are subject to control by the relevant services (Article 37 of the Law).
The social worker is obliged to serve the citizens of the elderly and disabled in the following forms:
- social services at home (including social and medical services);
- semi-permanent social services in the departments of day (night) stay of social service institutions;
- inpatient social services in stationary social services (boarding houses, boarding houses and other social services regardless of their name);
- urgent social services;
- social counseling (Article 16 of the Law).
Federal Law No. 195 of December 10, 1995, "On the Basics of Social Services for Population in the United States" determines that:
- the effectiveness of social services is provided by specialists with professional education, meeting the requirements and nature of the work performed, experience in social services and prone to their personal qualities to provide social services;
- measures of social support for employees of the state system of social services are determined by state authorities of the US subjects in accordance with their authority;
- the medical workers of the state system of social services, directly engaged in social and medical services, may be provided with measures of social support in the manner and under the conditions provided for by the laws and other normative legal acts of the United States entities for medical workers of public health institutions;
- employees of social services institutions of the state system of social services who directly carry out social rehabilitation of minors may provide for social support measures in the manner and under the conditions provided for by the laws and other regulatory legal acts of the United States for pedagogical personnel of educational institutions, orphans , children left without parental care, and special educational institutions for minors;
- measures of social support for employees of social services of other forms of ownership are established by their founders independently on a contractual basis (Article 25 of the Law).
The law defines the principles of social services, which should be the basis of the activities of social workers - targeting, accessibility, voluntariness, humanity, the priority of providing social services to minors in difficult life situations (Article 5 of the Law), and definitions of concepts social services social service client & quot ;, social services & quot ;, difficult life situation & quot ;, (Article 3 of the Law).
According to Federal Law No. 2300-1 of February 7, 1992, "On Consumer Protection" , a social worker as a performer of a certain type of activity is obliged:
- to provide quality services in accordance with existing requirements or a contract concluded (Article 4 of the Law);
- timely provide the consumer (client) with necessary and reliable information about services, providing the possibility of their right choice (Article 10 of the Law);
- be responsible for the violation of consumer rights (Articles 12, 13).
At the same time, as a consumer, a social worker has all the rights of the consumer who are called upon to guarantee this Law.
According to Federal Law No. 181 of November 24, 1995 on Social Protection of the Disabled of the United States, social workers as representatives of social protection services should carry out social - The service of the disabled (Article 28 of the Law).
Federal Law No. 124 of July 24, 1998, "On Basic Guarantees of the Rights of the Child in the United States" states:
- state minimum social standards of the basic indicators of the quality of life of children, which include the established minimum volume of social services, in particular, for social services, social protection of children, social adaptation and social rehabilitation of children in difficult life situations (art. 8 of the Law);
- defines the social services for children - organizations, regardless of the organizational and legal forms and forms of ownership, carrying out activities for the social servicing of children (social support, provision of social, medical, social, psychological, educational, legal services and material assistance, social rehabilitation of children in difficult life situations , ensuring the employment of such children upon attaining their working age), as well as citizens who carry out entrepreneurial activities without the formation of a legal entity nomu services to the population, including children (Art. 1 of the Act).
According to the Law, social workers:
- are responsible for the work on education, education, health, social protection and social services for the child,
- on behalf of the guardianship and trusteeship agencies and other competent bodies can participate in activities to ensure the protection of the rights and legitimate interests of the child in education, health, labor and social development, law enforcement and other bodies involved in the protection of the rights of the child (Article 7 Law).
Based on the Federal Law No. 120 of June 24, 1999, "On the Basics of the Child Neglect Prevention and Juvenile Delinquency System" social service institutions, which include territorial centers of social assistance to families and children, centers for psychological and pedagogical assistance to the population, centers for emergency psychological care and other social service institutions, in accordance with the statutes of the said institutions or regulations on them:
- provide social services to minors who are in a socially dangerous situation or other difficult life situation, on the basis of requests from minors, their parents or other legal representatives or on the initiative of officials of the bodies and institutions of the system for preventing child neglect and juvenile delinquency in accordance with the procedure established by law subject of the United States;
- identify minors in socially dangerous situations, as well as families whose minor members need social services, carry out social rehabilitation of these persons, provide them with the necessary assistance in accordance with individual social rehabilitation programs;
- participate, within the limits of their competence, in individual preventive work with unaccompanied minors, including by organizing their leisure, developing the creative abilities of minors in circles, interest clubs established in social service institutions, and also assisting in the organization of recovery and recreation of minors in need of state assistance;
- officials of social service institutions (social workers) have the right:
1) in due course visit minors, hold conversations with them, their parents or other legal representatives and other persons,
2) request information from state bodies and other institutions on issues within their competence, invite minors, their parents or other legal representatives and other persons (Article 12 of the Law) to clarify these issues.
US Government Resolution No. 1151 of November 25, 1995, "On the Federal List of State-Guaranteed Social Services Provided to Older Citizens and Disabled Persons by State and Municipal Social Services" was no longer valid after amending the Federal Law "On Social Services for Older Citizens and the Disabled" of August 22, 2004, No. 122.
The international agreements on which the principles of social work are based, the activities of social workers ratified by the United States are:
The UN Charter (adopted June 26, 1945 at the UN Conference in San Francisco), which proclaimed the principle of equality of people regardless of race, gender, language, religion: "To carry out international cooperation in solving international problems of an economic, social, cultural and humanitarian character and in promoting and developing respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion"; (ratified by the Supreme Soviet of the USSR of August 20, 1945).
The Human Rights Charter: the Universal Declaration of Human Rights (adopted on December 10, 1948 by the UN General Assembly) proclaims the character of a person, regardless of ethnic, religious, gender: All people are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in the spirit of brotherhood (ratified by the Decree of the Presidium of the Supreme Soviet of the USSR of March 18, 1954).The Declaration of the Rights of the Child (adopted by the UN General Assembly on November 20, 1959) proclaims the rights of the child (10 principles), which are recognized for all children without distinction, distinction or discrimination on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status relating to the child or the family. The International Covenant on Civil and Political Rights (adopted on December 16, 1966 by the UN General Assembly, entered into force on March 23, 1976) declared that: " The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights provided for in the present Covenant. " The Declaration on the Elimination of Discrimination against Women (adopted on November 7, 1967 by the UN General Assembly) guarantees the realization of the principle of equality beyond gender differences. The Convention on the Elimination of All Forms of Discrimination against Women (adopted on December 18, 1979 by the General Assembly of the PLO, entered into force on September 3, 1981) ; discrimination against women - "any distinction, exclusion or restriction on the basis of sex that is aimed at weakening or nullifying the recognition, enjoyment or exercise by women, regardless of their marital status, on the basis of equality of men and women, of human rights and fundamental freedoms in the political, economic , social, cultural, civil or any other area. " Convention No. 156 on Equal Treatment and Equal Opportunities for Working Men and Women: Workers with Family Responsibilities (adopted on June 3, 1981 by the General Conference of the International Organization Labor (ILO) provides for measures designed to promote the approach to the issue of equality of rights by dividing labor benefits and family responsibilities between working men and women on the basis of the principle of equal opportunities (ratified by the State Duma of the US Federal Assembly on October 10, 19 October 1997, Decree II ezidenta United States October 30, 1997 № 137-Φ3).
The Declaration on the Elimination of Violence against Women (adopted on December 20, 1993 by the UN General Assembly) for the first time reveals the concept of "violence against women" - "any act of violence committed on the grounds of sex that causes or can cause physical, sexual or psychological harm or suffering to women, as well as threats of committing such acts, coercion or arbitrary deprivation of liberty, whether in public or private life".The Convention on the Rights of the Child (adopted by the UN General Assembly on November 20, 1989) defines the tasks of the state, its role in protecting children's rights, as well as the rights of the child as an international rights, introduces a number of new child rights: survival and development; the preservation of individuality; to freely express their views; to non-participation in hostilities; on the physical and psychological recovery and social reintegration of victims of abuse and exploitation. The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (approved on October 6, 1999 by the UN General Assembly) allows the right of women and women's non-governmental associations to file individual complaints violation of the Convention. After the ratification and entry into force of the Optional Protocol in 2004, such complaints may be forwarded to the United Nations Commission on the Elimination of Discrimination against Women by individuals, groups of individuals or organizations that have suffered damage or otherwise suffered as a result of violations of the Convention rights.
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