SOCIAL RIGHTS AND
HUMAN WELFARE
Hartley Dean
Routledge
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Printed and bound by CPI Group (UK) Ld, Croqdan, CRO AY
To Pam, with love and gratitude60 soci ight in theory
Ge. propery) rights or distraction fom propely enforceable b,c and politica!) human
rights The nea-Marxist objection thu social rights, i spite ofthe advantages they have
brought the working cls, are exploitative, THEY ate a necessary component in die proces
by which labour power i eproduced and articulated with the capitals market sen, and
they ares s0utce of ideological mystfcaion
Feminist and-racis and dhabiliy activi complain that women, members of ethno-
coltral wniritis an disabled people can be systetatiealyexcloded fom eetive social
‘ghts or that sock ight anew framed ax ete to accommodate therm in a work chat is
lunges shape by aa for white sble-hovtied men, There are ao related defensive crits
‘stow coneera is withthe undemocratic naste oscil rights and thei capacity fo impose
Condition of social uniformity. The pow -stueturlis objection is that the extension ef ial
Fig is constituted 2 an extension of adnaistative state power, based on ap increasingly
sophisticated attay of disciplinary technigees for the definition and contro of indivi
sbject
inital his complex spectrum of arguments as been somesehat simplified, bur the
purpon of this chapter hay been to demonste that soc sights are contoversial Through
Dat te rest of the book we shill eturh w@ some ofthese controversies and wall conser
‘sehet, for al their potentially adverse an consoling propensities, soci rights are impor
taar aud can be srtegcslly deployed or developed. We shall also (parila ithe next
“hoptecoosier further questions about whether the socal rights famed for the capa
‘well stats ofthe global Nort canoes the auspiees of che human rights framewook, be
meaningfully transposed to counties of the global Sonth,
PART TWO
Social rights in practice5
SOCIAL RIGHTS IN GLOBAL CONTEXT
‘We have seen that sora rights were inisally famed at righ of citisnship through sub
santiverocillegishion by capitalist welfare sates, but alo formwlated as general principles
within dhe UDHR. This chapter weil consider to wit exten social rights
Paries betwen afin urban coastal egions and lygely impoverished ural westers China
le should always be borne in mind that cere canbe significa diversity an differences
hcween countries within the same eegion, and the above account is crude IF indeed iis
feonomicprowth chat drives social rights developmen, we showld perhaps review the pros
ects of the largest and most rapidly developing economies. At the tuen ofthe twenty-first
entry economst Jim O'Neil (2001) first coined the acronym HRIC for 8 group of lead
ing merging econanie and G20 members: Brarl Rua, India and China, The counties
‘hereafter formally eaablshed therecves a6 4 co-operative grouping and were joined in
2010 by South Aftica, More recently, the acronyms MINT (Frases, 2011) was coined for a
Farther group of nations with large populations and rapid economic development: Meso,
Indonesia, Nigevia and Turkey. At the tins of weiting, economic peformance ofthe URICS
and MINT counsies,ehough flucroating, is generally otecpping cst in North American
tnd Westcen European countries, and dhe diversity ofthe uajectories challenges orthodox
analyses of how soil sights development nigh occur.7. Soci sights in practice
Ross isa oligarchiceaptalisvpost communist welfine regime:
Latin American ibera-infornal welfie regimes (Mexico isan OBC re, Cina and
Indonesi ate radically covtraing East Asian countries ~ he former being se potentially
beeotne the migtiest economy in the world and the latex being one ofthe vibvane young
capitalist Tiger Cabs — but each has uneven socal ight provision. South Africs aed Nigeria
ure radically conteating African counties: the formee ~ a0 exceptional cae im the Afican
Context — which despite ts legacy of Woster-stle industrial development during ts parte
bid era suffers entrenched poverty and inequality: the latter (Niger) has very high levels
of poverty and simmering social divisions, despite its expanding, Ingelyel-bssed econo.
“Turkey might wil ecetly have been characterised os 3 Middle Esteza reise, subject to
iat ith an incipient welfire state Ra! been moving towards
uthoritarian paerulis rue,
ddemocrati-wellare-captli ans EU gecesi, albeit subject receat tines to strong neo
libersl policy tendencies (Borstay & Oral, 2006; Manning, 2007). These may be dhe
counties to watch, but there io discernible pattern a to dhe prospects or the most ikely
‘munner in which socal rights might dovel.
The cultural critique
‘The third of the three brood critiques ofthe human rights agenda densified by Sen was the
‘eulural” critique (te other two being the “legtimsey’ and the 'eierenceeriques se
Chapter 4, this volume), the ewence of which thet concepts of right’ forged during the
‘Western Enlightenment sn developed within democraie-captalist- welfare tte ate nimi
cal, for example, to Asian cultures Atempts to impose them in the name of development
{mount so ethnoceatrinn (eg. Pali & Schiab, 1979) if not eulura imperialism. There are
tov questions we might ask = dit tracy adjust why does mater?
Cultural values and practices
‘We have explored how the thicl foundations of rights disowts lie in Western philoso-
phy and va systema, bt Ure are Eastcrn philosophies and value systems ~ Confucian,
Hind, Buddhist, Masi ~ through sehich other cultures and erations have been shaped
and which mey, for example, prize hyalty,selErelinnce and abedience above indvidesl
‘hghts Early stempts to charscerte weir atte regimes emerging in Bast Asia sought to
characterise them as Confucian welfsre regimes constructed on principles of hierarchical
‘community building and in the manner of a eraditonal extended Confucian fansily ones,
1953) This characterization has since been questioned, not only because it ovesimliies
comple influences, but because ca be's convenient excuse, with 3 persuasive historia]
sand euleural camouflage, to filter sponse to social welfare needs’ (Walker & Wong, 2005:
215) Ie isa characterisation that alo sdeseps the fact that, 25 we have seen, even China
than written certain vis right into i constitution, as do for example 2 mamsber of amie
states (Jung et ly 2013), The Organisation of the Inie Conference i 1990 adopted the
Cairo Declaration on Homan Rights in lam. The declaration insists thot che roots of such
rights ie in Sharia, not Wester law, but i inclu, for example, the fllowing statement
“The State sll ensire the right ofthe individu to a deesut Living which will enable him
oct all is requirements and those of his dependents incloding food, clothing, housing,
‘dneation, eial cate anal other Basic needs (Article 17 fl). Ana though the Association
Social ightsingaba content 73
‘of Southesst Asian Nations’ (ASEAN) Declaration of Hunan Rights which was adopted
in 2012, has been held by Amnesty Tuterationsl, Haman Rights Watch and the UN High
‘Comision for Human Rights on several rounds wo be Flawed it dacs contin an exphet
anny of socal igh,
Sen (1999: 231-8) sgt that allusions to now-Westrn values may not be wed to expan
for jusify auhoriarian polices systemic inquaities. He claims that walter stcined
with tolerance and equality have deep-rooted counterparts within several Asian piloro=
pies, pointing by way of example vo parallels between the ancient eachings of Kastily, the
Indian philoropher and royol adver, and Aristole, with wim he happened to have heen
2 chronological contemporary: Keutilys was 2 strong advocate of personal liberty for the
privileged elite in Unda caste society ~ 36 was Aristotle for dhe Athenian ity lite ~ fut ike
Acie, he alvocated no sul ding for slaves or the members of lower cute, For won
nevertheless re advocated paterlistic government asstance to relews their misery. Uh
torial enjectovies vary, but eultaal constructions my ames cone
-A-eae can be made for the existence Within a vaiety of non-Westers philosophies of
ctical or moral prinepls dat, 1 would argu, are impliedly op even explicitly cosient
ith te ideal of share responsility for meeting individual neds and therfore with some
sort of bass for social rights as articulation of shared hiaman needs (though not necesily
fumed inthe language of righ)
+ Te Confucian iden of Rf hich tramates os hust-nes and the wlimat state 10
which al should aspzetheough the observance of sich value fil piety and loyalty
(Chan, 1999), There is to my mind at least a resonance between Ret atd the Ar
telan otion of eudaimonia 38 state of fallen at aval being, concerned nt wth
personal pins and pleasures, but with one's harmony of existence with other beings
+ The ancient pan-African bei system, Ubu, whose esence is caped in the apho=
rism, a person ionly a person throupls other persons It niles an inerentlysolidare=
tie abi potentially comervative philosophy, which ean nonetheless inform cing sl
sharing practices between and within human generations (Rasose, 2008; Whitworth &
Wilkisson, 2013.
+ The Islamic principle of Zaber: one of the pills of the Monn th based om a reli
iow obligation to share portion of one’ individual weakh with seedy members of
the Unmah (he worldwide community ofthe fithfu), At che heat of san hes a quite
particular conception of vocal justice (Dean & Klan, 1997)
| do not sugges that we should romantic the manner in which thes devs have over the
centutes been interpreted and reinterpeeted. My point i that non-Westera’ value aystenit
are by no tieansincommiensorte with social rights. They etal theories of personhood
‘ith implications for the way in which husssn needs ae to be waderton’ ad provided fr,
whether oot the framing of needs-baed claims involves an explici diacourse of right.
However elusively the examples I give contin pefigurativeelment ofthe oF even the B
pewpectives outlined in Figore 3.1 sn Chapter 3 this volome.
‘The cultural erigus, however, has relevance not only for the real or imagined te
sions betwee Western and Eatetn philosophical tations, bat alo fr the very practical
tension between the sci standards that are promoted in the global North and the cil
custons tht apply in the glob South, A well-intcutoned attempt in 2000 to establish» set74 Soc
rights in practi
‘of Global Social Policy Principe” distil from the raft of relevant UN conventions an
tleclacations (ce Fergiston, 199) foundered a the UN's Copenhagen pss 5 Social Sommit,
amides charges of hypoeriy agaist its proponents hy representatives fom the global South
(Deacon, 2007: 139-140). The proposals were ceseted a au unacceptable interference with
the sovereignty of nations the global South ad, without a tausfer of esourees from Noeth
te South, they would amount to an wnachievable imposition, The imposton of ILO labour
ondards, has long been and remains a thorny ive for many countries Felice, 1999). Tis
Claimed that te protection of highly exploted women workers and the abolition of child
Iuboue in certain parts ofthe word cannot necesarly be achieved withowt endangering the
liited sources of income avaiable to women (Kober, 2004) and without imposing Wester
cultusal conceptions of childhood aod of children’s legitimate role in socal and economic
Iie (Edmonds & Pave, 2008).
Conflicting epistemotogies
“There isa probes about transposing notions of eights constructed largely within the eapi-
tulst North to other parts ofthe world, bu this 3 cultural problems or an epistemological
‘se? Culture, undeniably, is dynamic, syeretic and evolving (Philips, 2007). Ina pose
to the eafural crtgue, Donnelly hones n oa precisely this argument, asserting that ‘lure
{s not destiny” (2008: 88). At ehe same time, however, he ako dismiss che posiility that
there can be, or ever were, non-Western conceptions of human rights. He sggest hat jst
ss cardinal principles of mathematics have snivesal validity eventhough they were invented
in the Arabic world, so the principle of human rights have univers validity even though
their origins ate “Wester. Hie argoment is redolent of Meyer's World Society” idea: the
‘ea thc systems of management snd governance around the world conform to increasingly
Similar ashazptions (Meyer, 2007, Meyer ta, 197). Human rights, Donnelly implies ae 3
twovdezn epistemological triuapl and jatt because older philosophies defined that which was
"Tight did not mean that they satisfactorily conceptoabned the ght that inbere tothe indi
‘al human being. Though certain margins of apprecistion may apply when it comes to
“fering interpretations of fxman eights, cultural relativism, according to Donnelly, should
be confined within proper limits, Donnelly is right sbour culture, but mistaken, I believe,
ahout the epistemological estos of hamsan rights
‘So far a socal right ate concerned, these may have been incorporated into the UDHR.
sd subsequent international covenants, but we have already seen First, that social rights in
the Marshallian sense had already been substantively formulated at legislative entilemnents
‘within vacios types of welfare tate nd second, eat the terms on whic they were incor~
porated as human rights were not dicovered or deduced but mst! by representatives
From many nations. They are not eteraal verter. They snight yet be renegotiated, So far as
thu rights more generally are concerned, the iste ie not confit of eulewres so mel
san epistemological or ideological conflict between what wos referred to in Chapter 2
ta hegemonic libers-individvslist conception on the one and and the cxteal minority
Conception on the other: the fornice i premised on what Arent desribed asthe ‘arogant
"nyt (1951 439) of inborn indivi] dignity che later i premised on a understanding of
the share vulverailty that the human condition (@g Turner, 2006), In an inereasngly
“nulki-pola world (Held, 2010: 2), ie et 5o meh that Western and Eastern assurapions
and belies converge or that che global South must adapt is understanding of rights to tha of
Soci ghts in gobs cantst. 75
‘heb, ttt Ea We Sth Nathan and wil hp gi
and evolve broader understandi * Sw hope
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Globalisation
The existence of an at-globaisation movements testimony to che extent to which plbali-
sation, like development, 2 contested concept (Held & McGrew, 2007) The concepts and
the procenes they purport to define ate interconnected. Supporters of globalisation regard
the process as coterminous with that of human development. ks opponents fear that the
hegemionie neo-liberal form of the globalisation procets promotes 9 ocially and eavieor
‘mentally damaging form of economic development, the expeuse of elective and inclusive
social development: that the age of ueo-iseal globalisation "has now superseded the age
of development’ (Shs, 2010: vi. The direction and pace of global change anx human
evelopment are affected by global events: ats of terrorism, military interventions, financial
crises and climate disasters. Butch extent ofthe interdependence ad iterconnectenes of
‘ounttcs, regions and transoatonal corporations is ever mote tense a they interact within
‘social space that is increasingly de-teritorilised: Globalization is synonystous with 3 pro-
‘set of time-space compression ~ literally a shrinking worl! ~ in which the sources of even
‘ery local developments, from unemployment to ethaie conflict, may be traced to distant
ondtions or atin (Held 8 MeCrew, 2007: 3).
Global institutfonal framework
One ofc consgiences in he cv ofthe ps alF-etary ha een Hs the context
sole elevanes soi rig ave been chang Bok Deaton fa eae hat oe
Been wires "the ltleton of oi palty ad he cat ga! ple
(0r3)."The ip of opinion hat flowed th nt ofthe Cols Wr fe soe com
tensor enon» bl crsmeniy ana sf ba eee edo ted
this of pace, lie an eclgil ointty ak 9), Teele ho
ies on ee teas re tat he anon fe
pan concerns wt ik sontnnent ter shan toc inl develope Fes
txt jem 9), Nees te oneness thal pte ne
coun oreo canna mae wou ens Gebel comet hat ake
ove sn cil ingles fave potions fr ey cote #9 eon
Ncoihra paaltion proce etd bythe aeaney and conto he
eshingeon comes) blige port and opponents ket think sense
shoot wt econ cli hte He ga Raion, gal Reglon st gba
‘social Rights (2007: 1). = “76. Social ights in practice
‘Table
Sexi igh the Ui None
Speculaacaiacpnaromns sone hss
+ ECOSOC a 10 me | ivclihiood/stantard of living
(Eeonemie a8 Sci Counc) ferationl Labour (otk anol cont)
Organnaton a
Kesudowmsw0c: v0 — 1
SUNDESA {wer Heats Orzaietion)
CaENtues Depsmewet SUNCOM Elon
[ceand Soil Atna) (Und Naty Edo
+ OHCHR ‘Scientific and Calo
(Other ofthe High Comnisioner Orgaicon)
for Hunn Ragbo)
UNDP Se (Soca) development
ean finns and ated (Unked Nations Development
osislogenion Progr)
SMF LEP ey Fo andar fling,
{tmertonal Monetary Fund} (World Fod Programe)
+ World Book SUN-HABITAT Sm Housing
twro (United Nations Human
(Wo Fade Organiatoe) —_—_—_Seterents Progra)
‘he Dyan pny of UN gece opis nce wee of et
oe ee hey ger ough he myers
Cae eee Tey fbogoc ner yea een perl
aa ee acai commrin noma beep pl
a ncrenera entitetions wcaipotcon sien oe
oo cane lito coarser pomodoro
Here Stns witin he UN Scrat these eit
aera ccc UNDESA) cote pnaunn ran riin genet
Sea ms rhs oft oe OACHN A po een on
aoe ty te Don Woe anray od Bacal Conee, ponte
cae ty stan ee tl noni teh ce
ae eran domes pc is Wen Ds ad ree se! ain
wa aro whe os haben town we God Aeon To
ROUSE apes sence tt ht ent se ine ee
es Te cc Lacon pnb fu ade
we Gane te pticheatendbshae tas (oe WHO) an esol
aera Shee lecupen (UNESCO, pty te nator Connite
Tees Tepe) Faye ese enced pc ec
enc Une teat es nt wich brent ened, WEP
Fa hn ayn ft cnt) nd UN HABITAT fn 196 al
Sees UN ay watt nia onan Sane ae)
cna eh he UN ce ey iat om hat fr wichita
Cee Pie lal he mol woh sone ne sere
Secis rights in lobat contest 77
century: However che relevance of supranational perspective onthe promotion and imple
mentation of socal rights, arguably, greater now than ever hefire
Global consumers and regulatory standards
[Nicola Yestes (2001) has sugested that a distinction may be driven between a ‘ong and a
‘weak’ glohulsaion thesis. Clearly, there ia specerum of interpretations a 9 whether glo-
Dilation iam inevitable process and as vo what implications are for the future of soca
sights. At the ‘stuongest end of the spectrum of belicf iti apposed that globalisation hos
ushered joa wholly new era (Fukuym, 1992) in which market wil rule supreme, andi
‘which our rights o income security and pension, to heath and socal care, edueuton and
outing will all be met on the busi of our rights as consumers of financial prods ant
hurnan services offered compeisively by private and/or trnsational providers ina global
‘matt place Insofar as there may be abertant minorities or eames who cannot aces
such provision, there shouldbe publicly provided safety nes, but thee shall be wlectve,
tional end intellocrl developmen’ (Article 12 {U}. But the protocol also suggest that tes
patties snus ‘undertake to improve mathods of prodactias, sappy ae distribution of food,
And to this end agree to promote grester international cooperation. in support of ee relevant
rational polio” (Article 12 [2), We se here as example of shetoric tht Hinks socal rights
to 3 wider international social development apends (ef, Chapter 5, this wlume)
[Antile 25 [1] ofthe UDHR also provides for cights to clothing, howsing, medical ese
and necessary social services. The right to clothing appears to be largely a ‘forgotten right
(anes, 2008), excep inofer a itis nireedy provided for throug cash transfers. Hos
fing, miedical care aud social services will be disensed in Chapeet 7, since these may be
consered as human services as opposed 2 wubsitence goods, These too may be provided90 Socalrighs ms pracice
in kind through public sector provision ~or their costo the individual maybe eee et
cosh transfer schemes specifically intended to cover feats, ies and charges.
Social security systems
‘We move thesefore to consider the complex eal of es thinsérs oF ~ the term we shall,
vow be using ~ socal security. The term socal serorty is ne na certain amo mit
undersvding, since it ean refer to diflezent things in Gifsent pars ofthe world. However,
by social security we ae alluding to the UDHR% reference in Article 25 xe ‘curity nthe
event of stemplayment, sickness, debility, widowhood, od age or other lack of velibood’
‘Catieusty, the provision relating 0 sci security in Ue OESCR of 1966 in warding be
isa ely that de ates parties recognise the rights of everyone to social security inching
social insurance’ (Article 9} a clanuy compronsine reflecting sntesolved disagreement 3
the mesningof wail security (U. Davy, 2013).
‘Michael Hill 2006; 67) us provided! what i pep the simplest definition of socal
security: ‘Collective sction to protect indlviduds against income deficiencies, Collective
action may take a variety of forms: soca! assistance Funded through geval taxation social
Insraice funded theough specific contributions universal social allowance sehotes; Y=
allowsnces; oF the public regulation of private provision. We shal be considering cach in
tum, The complexity of sacial security andthe diferent mechani o systems it an entail
seem patty fron the diferent contingencies or circumstances ia Which right to socal sceu-
rity right aie ~ but portly ao fom the proviso eh dhe right does noc aise oder than in
‘ncumstances where individal Ick of lvelibood is "beyond their control Rights to socal
Security a, to 3 greater or leer extent, condi,
‘Social assistance i the erm applied co forms of relief tae ste conditional on proof of
roe estally 3 text of means. Traditional” forms of weil sistance have thet 00% dnetly
jn be Poor Laws: frins of poor relief choractritialy to be found in Western counties
riot t the development of welfre sate regimes. The receipt of relief under such sebemes
had been based not on sights but upon the exercise of alminsrative discret. The Poor
‘Lays woyereded charitable forts of reli with organised relief ~ fonded fom loel rate,
‘or tnes Relief war a est jcgerental ~ being reserved only for those deemed to be su
Ficently deserving ond ac Worst puritve, searing supplicant to submit to incarceration
in workhouses, where they were rubject to conditiogs that were deliberstely contrived to
‘ne wore than thote endured by even the poorest independent labourer (eg Fraser, 200)
Soci asitance schemes unde capitals welfare regimes can vary in terms of dhe degree of
dscretion vested in chose who administer thea, but they are usually framed 35 eight for
‘the poorest in society and 8 a social eafety net, Subject 0 conditions, socal asitance may
‘ge dispensed for the maintenance of perions and the households af such persons where the
Ihowehold has no or isweien income From any otber source. Iisa characteristic feature
of liber welfire regime (Se Table 52 in Chapter 5, this volume), though usually noe
2 the only form of socal security provision (the exceptions hee being Australis and New
“Zealand. The advantage of social aistance is that it ea target astance where appeass wo
bbe most needed. Ie disadvantages ae that can stignatse ose who receive it (because they
bre identified by thie poverty) iis inevitably complex to administer (becaos the household
‘iteumesnees oF every ecient mt be stesed) adit cu create perverse incentives (since
‘clef is withdrawn should recipients ceceive other income from earings or savings). Inthe
igh toetnood 91
US, social asistance i not ehougt of form oF social security, tae "welfae~ a er that
tat acquized disney pejorative asociations, wholly isin from social insurance. Hat
Australia wd New Zend, where means-tested bevels are the mainstay of weil security,
they attract ew gia
Social assistance programmes have heen cierging ithe global Souths the dae sytem
in China (Yan, 201) ad she Child Suppore Grant sm South Africa (Lund, 2008). But most
prominent have heen ‘new’ forms of social anita, known a¢ conditional cash transfers
(Bascal, 2009) These were fist developed in Latin Auneica eg Opportunidades in Mex
{20 andthe Bolus Fain Beal ~ but schemes have proliferated eleewhere, Characterized a6
«form of ‘social citizenship forthe global poor (Letering & Barrienis, 013), shew locally
Dsed schemes provide cath incomes to poorer hewschols on the condition thst mnothert
port with their younger culdeen to health clinics, while older children atten sla
‘Tae explicit aim was not snerey to
lieve currest poverty, but wo underrrite invenent
human capital zo a8 to exsre higher levels of productivity among Sotsce generstions. The
schemes have generally been popular with recipients though dhere have been PAE itses
relting in sre instances tothe inaccessibility of health clnie and the poo quality of ed
{ation avslable in schools. Thee is ao, potential a matter of principe at take because of
the way such schemes make the household right 9 subsitence interdependent with tit
chile’ ight tn healieare and education, Wheres ‘vaditional sci asia, with ts
roots in the Poor Laws, reflects elements of the perspective on soci eights (2e Figure 3.1
‘inChapter 3, this wolums, the new” form of socal assistance, which instrongly supported by
the World Bank, reflects elements of che a perspective
Social insurance may be remembered atone ofthe big ides of the wentiety cenisry.
1 made the poiat in Chapter 4 tha social imeurance entail principle that ea be embroced
from ether an individualistic ora solarsic perspective: the term may encompass a Fully
fandd scheme where idivdual encidenente se tity dependent on individ contribu
‘ions, and wihich social’ ony in the sense thai is state admininered (or administered ae 3
Provident Fand on behalf ofthe government 2s, for example, in Hong Kes rit may bea
‘scheme where the eat itself mainsin a Sidon behalf of workers from which benefits and
‘Pensions ar paid, and whichis insarance-bised only in the ene that everyone ha ‘sed
protection (hough is was only under Soviet commana that any such scheme existed). In
Prictic, contemporary social insurance schemes can represent compromise chit sone=
hee between cheseextrene: they are ‘pay-as-you-go’ (PAYG) schemes nto which workers
and employers pay contributions, while the ate Unerwrites the ability of the scheme 10
_meet curent sbi for Benefits and pensions Bu globally, sme fear tht he socal ine
sce principle is beng marginalised in favour of wcialasintancesfeey nets on the one hand,
and regulated private insurance scheres on the ather fe Ry, 2010),
[Nevertheless social insorance against Ie risks ~ incading and eypecially the risks of
tnemployraent sicko, injury or debility; and old age ~ continaes a8 a sikstntial and
resent component of most established social security systems and is being ineremestally
sxlopted by some newer ones, inchading Chisa (Chan etal, 2008) ‘The essence of soca]
insurance is that membership and therefore contributions ae compulory, but tht sss are
shared. Stasory social insurance arangements sometime syed Yontary schemes,
begun by civ saciety ongaitations in the nisetenath century, Howevet the range of tks
‘or contingencies an he populations sc employment sectors covered by sich insure vais
fom country t country. Contributions and benefits mon aleo vary ad the redistbutive9 Social hts in pracice
flees of such scherses will depend on jos how sul ates ave st. The adeantge of socal
msrance rcheus itt they provide benef ecpiets with a clear seme of entilement ant
they are usally, therefore, popula, Their advantage ie that dhey aay tend primarily to
‘benefit ony certain workers: Inbour market ‘ontaiders,especislly women, can be excluded
Socal insutance schemes characterstialy reflect elements of dhe 7 perspective on socal
eke (ce Figure 31 in Chopter’ this voluie). However, fly funded for of social insor-
ince refiet elements of the a perspective, while generous and universally inlasve forms
reflect elanents of the 8 perspective
‘Universal social security schemes, sometines called Yoel llowances, are wnivenal
fn the emie that they ate non-meas-teted abd non-contributory, In practic, schemes te
‘oto much universal as categrial’; they are benefits payable in sone welie tates to per
sons in particular demographic groups or categories, inching the fllowing:
+ Childcen or files with children. The right 19 socal security for children (pecially
restated in the UNS Convention on the Rights ofthe Chill of 1989) can be realic
{hough social asistonce provision to the Towicome households i which children
res, or though child addons to socal insurance benefits payable ro parents. Aler=
tutively oF additionally, however, provision can be made through wnivesal farily
lowances of chill benefs payable to all houscholds with children, (Mritans Chi
Benefit scheme had ben an exanple of hi aldhough entilement has now Been iecty
withdeawn from certain high-income households, making i efectiely means-teted)
+ Disabled people and caters People who become disabled inthe course of their works
fing ives may have previoualy ‘earned! an entitlement to benefits under social insur~
tne themes, and those who have been disabled from bir or since childhood may be
tented to relief under social anistance rchemes.Aitionlly, however, social wecuticy
provision ry be made by way of univer bereft, intended to compensate not for lack
‘of earnings but for dhe additional living vost experienced bya disbed person, Entte=
tent, however, i subject to medic assent ertcrn, Universal social security may
ho he insured for people who provide fal-time unpaid care fora dhabled relative,
(Gets Persone! Independence Payznent and Caer’s Allowance schemes, respectively,
te example, thovgh entillesent eritera forthe former have recently been tighten,
and the lve of support provided by the laters wery modes indeed.)
+ Dider eople For people shove a specified retiemtent age, social asstance schemes may
_povide a safety net or else socal insurance schemes may pay retiree pesos. How
is abo posible for governinents provide a universal ate funded retirement
pension to all older ekizens, (New Zealand currently provides an exasiple, and such 2
possiblity has been mooted foun tne to time in Brits)
“Thre bus ben fong-standng debate around the ie of Fly nivel bs income
soc viendo a’ income pst, 1989; Try, 213), and insted experiments
‘Shh des hove heen aterpied in Nansbi (sta ty 203) and tia (ond
sen B01, The advo fuer beef schemes that ey singe oan
{chee they ihe na nens-teting or covribin) ad they ate spicy highly sl
Chon Te perecved dnevanager are tht eles Doin ate et aw eel he eves
Srpogctone uation reqied to pay chem wold be high ~and that people wth igh
Shounen would poy hgh ess while eeving + beef they do aot nee. Depending a
ghisto Wweihood 93
exaly how they are desigued amd imperseoted, ever benefits schenks cur appeal either
10 Brana perspective on social rights (ee Figure AI in Chapter 3, thie lume in theor
at le, chey ean help t0 underpin eter a substantively ora formally egalitarian soc.
Rican Titmuss (1988) coined the terms “fiscal welfire’ aid ‘occupational wel
to refer to systess dat run in prallel with the kind of wal scusity systems outlined above
By fiscal welfare he was refering to systems of tay allowances ort credit that can be of
benefit to people wio sleady have treable imooncs, Ana! by occupational welfare he vs
sefering 2 the panoply of perks and baveits that ean be made ovailble by employes to
‘heir employees. Timmuss particule concern was that such systens were oe likely tobe
of benef to individuals and households with higher incomes and better opportunitiey, an
it was important chat state alminiered social security shoul! not be reserved primatly for
the poorest or lest advanced in society Nevertheless, ives ans oceuptional welfare have
plyed a part in proving woialycurity: OF particular importance in nsany couutis has
been the development not only of occupational pension scivemes operated by empyers, bot
ako the range of privite savings schemes and Finacial proces that povetinents eat both
actively promote and regulate with view to eosuring opin sewity for oer citizens.
“The Woe Bank (1954; and sce Holman & Hine, 2005) his reeormencel hota coon
tries should eral pension eyes sel on three “ila
+ Fist pills» guaranced publicly fonded minimums safety net ~ whether means
faa socal insurance-baed or universal. (Poul, an earingyeated socal insurance
scheme might provide for an intermedia ‘pill’ above theft il an the next one)
Second pila: 2 mandatory savings schente, ether am occupational ora pevsonal pension
pln, subject to government reguliton,
+ Thind pillar wolumtary additional private nmurance or savings. (Arguably. informal
inerafamily or inter generational tans represent ia “pilse)
‘The right to socal security may be interprctd st sight to secure subutence acros the
life couse, but ts most problematic sapect rates to its intersection withthe right to work
‘The subsistence rights of workers
We hhave seen that the UDHR provides a right to social security fo invidoals and their
families inthe event of unemployment. I additionally provides that “everyone wo works
has he right to just and favourable remuneration ensuring for himscif an his family a
exitence worthy of human dignity, nd supplemented, ifnecesiry, by other means of socal
provection’ (Article 23 [3)). The prowling sssnption is that horaa Beings will nrially
ssin themselves wiehin families and ehroagh paid employment, but if they cannot, they
should have a elsim apo the wate for protection, Ii ao su but petbaps imple hat ts
person’ reciprocal responsibility to sostai herself in sucha manne. The beater of rights it
Prinasily contated st a poentisl wage labourer who ding er alulthood should work
susan herself he chiliten and, a ned be, he spouse or sll partic. In the two preceding
sentences Ihave deliberately used the feminine posesive pronoun, though the insruients
by which rights ate declared or insured have elasially been faine wring the male poses
sive pronoun: in the minds of shoe who fram! uch ineernnent, te bearer of rights would
fve been envisaged primarily as male (eg, Lister, 203). The foundational assmptions9 Soca ght practice
pn whch uch sight ha en Famed have Lg in be hl hy ach ed
{foe womes about mas parca he at Ne he he
ing anc of fly Te aed hae ot new ight ono the ight ne
sn er were loners hae, ay ener
"i norma ag ofthe oc igi agenda sexed a oer wa ye
cine ca at gn th 1970 ee Chap vole npr hare
Singer co mn ei lin esl Nr oe
‘ponies of cussion sot te re exc The mus at ached
‘Steen by thy othe milena we ite soa bh ihe