Legal encyclopedia. Letter C

SOCIAL AND ECONOMIC RIGHTS

- a set of human rights and freedoms relating to property, labor relations, health, education, intended to ensure physical, material, spiritual and other social needs of the person.

Features of socio-economic rights:

1) their scope and feasibility largely depends on the state of the economy, hence, the guarantees for their implementation are less developed than those of other rights;

2) they apply only to socio-economic life;

3) the legal wording of these rights may be of a recommendatory nature;

4) the state's duties in the sphere of protection of social and economic rights are to carry out socio-economic reforms, ensure the participation of its people in the benefits of social and economic development and ensure the use of its natural resources by the population.

Types of socio-economic rights:

1. Economic rights are the rights that

Provide a person with free disposal

The main factors of economic

Activities:

A) the right to work. According to Art. 23 of the Universal Declaration of Human Rights, everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection from unemployment. Everyone has the right to equal pay for equal work without any discrimination. Everyone has the right to work in conditions meeting the requirements of safety and hygiene, to remuneration for work not lower than the minimum wage established by law (Article 37 of the Constitution of the Russian Federation);

B) the right to rest. Everyone has the right to rest. Workers under the employment contract are guaranteed by the length of working hours established by law, weekends and holidays, paid holidays;

C) the right to property. The right of private property is protected by law. Everyone has the right to own property, to own, use and dispose of it alone as well as jointly with other persons. No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can be made only on condition of prior and equivalent compensation (Article 35 of the Constitution of the Russian Federation).

The state guarantees the right of inheritance. Citizens and their associations have the right to privately own land, possession, use and disposal of which are carried out by their owners freely, if this does not damage the environment and does not violate the rights and legitimate interests of other persons;

D) the right to housing. According to Art. 40 of the Constitution of the Russian Federation everyone has the right to housing. No one can be arbitrarily deprived of a home. The bodies of state power and local self-government bodies encourage housing construction, create conditions for the exercise of the right to housing. The poor, other citizens indicated in the law who need a home, it is provided free of charge or for affordable payment from state, municipal and other housing funds in accordance with the norms established by law;

E) the right to business. Everyone has the right to freely use his abilities and property for business and other economic activities not prohibited by law. The Constitution does not allow for economic activities aimed at monopolization and unfair competition;

F) the right to strike. The Constitution of the Russian Federation recognizes the right to individual and collective labor disputes using the methods of their resolution established by law, including the right to strike;

G) the right to join national or international organizations to protect their interests.

2. Social rights - rights that ensure a decent standard of living and social security:

A) the right to social security. Everyone is guaranteed social security by age, in case of illness, disability, loss of breadwinner, for the upbringing of children and in other cases established by law.

State pensions and social benefits are established by law (Article 39 of the Constitution

RF);

B) the right to social insurance. According to paragraph 3 of Art. 39 of the RF Constitution encourages voluntary social insurance, the creation of additional forms of social security and charity;

C) the right to health and medical care. Everyone has the right to health care and medical care.

Medical assistance in state and municipal health institutions is provided to citizens free of charge from the funds of the relevant budget, insurance premiums, other income (Article 41 of the Constitution of the Russian Federation). In the Russian Federation, federal programs for the protection and promotion of public health are funded, measures are being taken to develop state, municipal, private health systems, activities promoting human health, the development of physical culture and sports,

Epidemiological well-being;

D) the right to protection of motherhood and childhood. In accordance with Art. 38 of the RF Constitution, motherhood and childhood, the family are under the protection of the state. Care for children, their upbringing is the equal right and duty of parents. Working children who have reached the age of 18 must take care of disabled parents.

3. Spiritual rights - the rights that guarantee the cultural development of a person, ensuring his participation in social progress:

(A) The right to disclosure;

B) the right to access to cultural values;

C) the right to free participation in the cultural life of society;

D) the right to creativity, enshrined in Art. 44 of the Constitution of the Russian Federation. The right to creativity is expressed in freedom of literary, artistic, scientific, technical and other forms of creativity, teaching;

E) the right to use the results of scientific progress and their practical application.