- What is social law?
- Definition according to authors
- Characteristics of social law
- Branches of social law
- Importance of social law
- Examples of social law
- Social state
We explain what social law is, its characteristics, branches and examples. Also, why is it important and what is the social state.
What is social law?
Social law is the set of laws, provisions and rules that establish and differentiate the principles and measures for the protection of persons, groups and sectors of the society economically weak. It is about the legal framework that deals with eventual conflicts that occur within society and between social classes that compose it.
Social law, as its name implies, deals with social rights, which are subjective rights recognized by the positive law and that are part of the fundamental rights of the human being, in accordance with the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR) that entered into force internationally in 1976.
These Rights They are also recognized by the Universal Declaration of Human Rights promulgated in 1948. They are commonly distinguished from the natural rights and for that they receive a legislation Besides.
Social rights can be based on the "social contract" as understood by Rousseau (explicit or not in a National Constitution), or derived from the respective Human Rights Declarations. They deal with issues related to freedoms individuals, work, social security and access to basic services.
Definition according to authors
There are many formal definitions of social law. We will list a few below:
- According to Trueba Urbina, it is the “Set of principles, institutions Y rules that based on integration, protect, protect and vindicate those who make a living from their work and those who are economically weak ”.
- According to González Díaz, it is about “… an organization of society based on a dynamic integration, theologically aimed at obtaining the greatest social well-being of people, of peoples, through social justice”.
- According to Radburch, on the other hand, “The central idea on which social law is inspired is not the idea of equality of the people, but of the leveling between the inequalities that between them exist; equality thus ceases to be the starting point of law, to become the goal or aspiration of the legal order.
Let us note how all the 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, of the just resolution of the social needs of the human being, from the intervention of the institutions. This has to do directly with equality, equity, the rule of law and other conditions that guarantee the continuity of social peace.
At first glance, this would have to 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 for granted within the law, forming part of other legal precepts (such as the labor law, the procedural law, etc.).
Branches of social law
Social law includes the following branches:
- Labor law (or right to work). The one that regulates the relationship between employers and employees workers, to ensure that it occurs in the fairest way possible and with the full and mutual agreement of the entities involved.
- The right to social security. In charge of guaranteeing the access of individuals to a dignified life model with regard to individual integrity, non-discrimination and fair retribution for their efforts.
- Immigration law. It is known that changing residence is a human right and an activity carried out en masse since the beginning of the humanity. This branch of social law deals with legislation on immigration and migrations from each country or region.
- Agricultural 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 to guarantee social change, that is, the gradual construction of a more just society, free from phenomena that impoverish the social life of individuals, such as the discrimination, the racism, abusive work, lack of access to education, etc.
These concepts are often grouped under the term of the social justice, and their attention is essential for the existence of social peace, that is, the minimum consensus of social classes within a community organized and productive.
Examples of social law
Examples of the areas of interest of social law are the following:
- The combat of the xenophobia, racism and various forms of discrimination.
- The visibility of the role of women in contemporary societies and the fight against sexism.
- The social protection of working classes and the sectors most vulnerable to exploitation, marginalization and other toxic social dynamics.
- The defense of fundamental freedoms and internationally recognized human rights.
Social state
The term "Social State" is a construction of German legal history, coming from ancient Prussia and that after many transformations still survives today, although within the "Social and democratic state of law", that is, as more or less less synonymous of Rule of law.
The latter means the principle of equality before the law, that is, of equal opportunities for all, theoretically avoiding exclusion, segregation and discrimination.