We explain what social law is, its characteristics, branches and examples. Also, why it is important and what the Social State is.
What is social law?
Social law is the set of laws, provisions and norms that establish and differentiate the principles and protection measures for economically weak people, groups and sectors of society. It is about the legal framework that deals with possible conflicts that occur within society and between the social classes that compose it.
Social law, as its name indicates, deals with social rights, which are subjective rights recognized by positive law and that are part of the fundamental rights of the human being in accordance with what was approved by the International Covenant on Economic, Social and Cultural Rights (ICESCR) which entered into force internationally in 1976.
These rights are also recognized by the Universal Declaration of Human Rights promulgated in 1948. They are commonly distinguished from natural rights and therefore receive separate legislation.
Social rights can be based on the “social contract” as Rousseau understands it (explicit or not in a National Constitution), or derived from the respective Declarations of Human Rights. deal with issues linked to individual freedoms, work, social security and access to basic services.
Definition according to authors
There are many formal definitions of social law. Below we will list a few:
- According to Trueba Urbina (1972), it is the “Set of principles, institutions and norms that, based on integration, protect, protect and vindicate those who live from their work and the economically weak.”
- According to González Díaz (1978), it is “…an organization of society based on a dynamic integration, theologically directed at the obtaining the greatest social well-being of people of the people, through social justice.”
- According to Radburch (1998), on the other hand, “The central idea on which social law is inspired is not the idea of the equality of people, but of the leveling between inequalities that they exist among them; Equality thus ceases to be the starting point of law, and becomes a goal or aspiration of the legal order.
Let us note how all formal definitions coincide in the specific approach of social law regarding the legal resolution of social problems, as well as the construction of a more legally just society.
Characteristics of social law
The areas of interest of social law have to do with the coexistence of human beings in society, that is, the fair resolution of the social needs of human beings based on the intervention of the institutions. This has directly to do with equality, equity, the rule of law and other conditions that guarantee the continuity of social peace.
At first glance, this should be one of the fundamental branches of law, in a society like the current one that increasingly understands the satisfaction of social needs as something more important. However, it is usually taken as understood within the law, forming part of other legal precepts (such as labor law, procedural law, etc.).
Branches of social law
Social law contemplates the following branches:
- Labor law (or right to work) That which regulates the relationship between employers and employee workers, to guarantee that it occurs in the fairest manner possible and with the full and mutual agreement of the entities involved.
- Right to social security Responsible for guaranteeing individuals' access to a model of a dignified life in terms of individual integrity, non-discrimination and fair remuneration for their efforts.
- Immigration law It is known that changing residence is a human right and an activity carried out massively since the beginning of humanity. This branch of social law deals with legislation on immigration and migration in each country or region.
- Agrarian law Those that regulate the possession and exploitation of the national territory for agricultural purposes, that is, for the production of food.
Importance of social law
Social law is of crucial importance in guaranteeing social change, that is, the gradual construction of a more just society free from phenomena that impoverish the social life of individuals, such as discrimination, racism, abusive work, lack of access to education, etc.
These concepts are often grouped under the term social justice, and their focus is essential for social peace to exist that is, the minimum consensus of the social classes within an organized and productive community.
Examples of social law
Examples of the areas of interest of social law are the following:
- The fight against xenophobia racism and various forms of discrimination.
- Visibility of the role of women in contemporary societies and the fight against sexism.
- Social protection of the working classes and the most vulnerable sectors in the face of exploitation, marginalization and other toxic social dynamics.
- The defense of freedoms fundamental principles and internationally recognized human rights.
social status
The term “social state” It is a construction of German legal history coming from ancient Prussia and which after many transformations still survives to this day, although within the “social and democratic State of law”, that is, as more or less synonymous with the rule of law.
The latter means the principle of equality before the law that is, equal opportunities for all, theoretically avoiding exclusion, segregation and discrimination.
Continue with: Equal rights
References
- “Social rights” on Wikipedia.
- “Concept and classification of Social Law” in Public health policies and their impact on popular insurance in Culiacán, Sinaloa, Mexico” by Manuel Ruiz Medina on EUMED.net.
- “Social Law” in Legal Encyclopedia.
- “Social law” at Atlantic International University.
