Universal right to social securityThe strengthening of the principle of equality of the right to social security in the US Constitution does not at all mean that it has an adequate reflection in the law.
In analyzing the principle of universality , the question of the circle of persons subject to compulsory social insurance is of great importance.
During the Soviet period, state social insurance extended only to workers and employees who worked under an employment contract, and did not cover persons who performed work and services but civil-law contracts. Therefore, such persons did not have the right to temporary disablement, pregnancy and childbirth benefits, etc. Social insurance of collective farmers was carried out at the expense of the centralized union fund for social insurance of collective farmers. Social insurance of members of creative unions was in charge of the funds created by them.
In Art. 21 and 22 of the US TC define the right of employees to compulsory social insurance and the corresponding duty of the employer to implement it, i.e. pay insurance premiums to state off-budget funds. This means that when insured events occur, workers have the right to appropriate types of social insurance benefits: temporary disablement benefits, maternity benefits, old age retirement pensions, invalidity, survivors, etc.
In the text of the Labor Pensions Act, the term worker not used at all. Instead, it refers to citizens of the United States, foreigners and stateless persons who reside permanently in the United States and are insured in accordance with the law. These are:
- persons working under an employment contract or under a contract of a civil-law nature on the performance of work or provision of services, as well as under an author's and license agreement;
- individual entrepreneurs, private detectives engaged in private practice, notaries, lawyers;
- members of peasant (farm) farms;
- persons who work outside the territory of the United States and voluntarily pay insurance premiums, unless otherwise provided by an international treaty of the United States;
- members of patrimonial, family communities of indigenous peoples of the North engaged in traditional branches of management;
- Other categories of citizens.
US law of April 19, 1991 No. 1032-1 "On employment in the United States" does not indicate directly the circle of persons to be secured in case of unemployment. It also uses the term citizens & quot ;.
The category of citizenship means a special relationship between a person and the state. However, to acquire the right to social security citizenship should not be given paramount importance. Article 22 of the 1948 Universal Declaration of Human Rights proclaims that every person, as a member of society, has the right to social security, as well as to exercise the rights necessary for maintaining his dignity and for the free development of his personality in the economic, social and cultural fields. The realization of this right is carried out through national efforts and international cooperation, but in accordance with the structure and resources of each state.
Since the national resources of the state are not unlimited, the right to social security is fully guaranteed only to citizens of the United States. Along with citizens of the United States, this right is enjoyed only by those foreigners and stateless persons who permanently reside in the United States. Foreigners temporarily on the territory of the United States, the right to social security can be granted on the basis of international treaties.
The Law on Health Protection establishes the rights and duties of a person and citizen, certain groups of the population in the sphere of health protection and guarantees the realization of these rights. This means that the right to health and medical care is universal for the population of the United States and is carried out in accordance with federal and territorial programs of state guarantees.
In the Law on the Basics of Social Insurance, the scope of coverage is not clearly defined. In Art. 1 states that compulsory social insurance is intended to compensate or minimize "the consequences of changes in the material and/or social status of working citizens, and in cases provided for by the legislation of the United States, other categories of citizens" due to the achievement of the retirement age, the onset of disability, loss of the breadwinner, illness, injury, work accident or occupational disease, pregnancy and childbirth, the birth of a child (children), care of a child under the age of one and a half years and other events established by the legislation of the United States on compulsory social insurance.
The effect of this Law also applies to persons who independently provide themselves with work, other categories of citizens, provided they pay or for them insurance premiums for compulsory social insurance.Thus, in addition to hired workers, the part of the self-employed population that is close to them and is to a large extent subject to material insecurity with the loss of labor income should be included in the circle of persons subject to compulsory social insurance. To such categories of the self-employed population it is possible to carry individual businessmen; persons of creative and free professions (writers, artists, private practitioners, teachers, etc.); persons performing work and rendering services under civil law contracts, etc.
Work to bring legislation into line with the principle of universality is constantly.
An example of the development of this principle is the improvement of the system of state benefits for citizens with children. Since 1995, not only mothers, but also fathers, grandmothers, grandfathers and other relatives or guardians who actually carry out the right to a monthly allowance for the period of leave to take care of a child (born, adopted, taken into custody) care for the child and subject to state social insurance.
Since 2006, an early pension (but reaching 55 years) is assigned to men who raised a disabled child from their mothers until they were 8 years old.
The principle of universality is basic and in the realization of the right to state social assistance to poor people.
Legislation does not fix any exemptions in the right to receive various types of social security in the event of social risks specified in regulatory enactments. But the principle of universality can not be understood as an unconditional right to payments, medical care and social services. Legislation determines the conditions for their provision. In particular, the realization of the right to receive labor pensions depends on the citizen's participation in the past or present in the work activity and the payment of insurance premiums, and the right to social assistance - on the level of individual income or per capita income of the family.
Legislation exempts certain categories of employed citizens from compulsory payment of contributions to certain types of social insurance. So, individual entrepreneurs and lawyers are not subject to compulsory social insurance in case of temporary disability, pregnancy and childbirth, and, consequently, do not acquire the nature to receive appropriate benefits. By they can register in the territorial offices of the US FSS, pay voluntary contributions and acquire the right to these benefits.
The International Labor Organization sets before the member states the task of extending all types of compulsory social insurance to individual entrepreneurs, self-employed persons, homeworkers, domestic workers, temporary and seasonal workers, etc.
In order not to leave employees of the informal sector economy in general beyond social protection, the ILO proposes to recognize for them the right to free medical care and child benefits at the expense of budgetary funds, and also allow them to voluntarily pay social insurance contributions.
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