Social rights consist of a group of rights that are guaranteed by ordinary legislation, social rights are fundamental and are affirmed by the national Constitution and international human rights treaties. They are inspired by justice and are responsible for regulating people' behavior within society, thus allowing the resolution of social conflicts that may arise in a given place. It looks for ways to control and establish equality among the individuals of a nation in order to safeguard social security.
Social law is the area of law that is based on the principles and different norms whose main objective is to protect, watch over and establish the behavior and attitudes of men, ensuring equality within social classes.
They consist of a group of principles and rules or regulations that seek the sole purpose of protecting, integrating and monitoring the appropriate behavior of individuals who live within a society, either in the middle of it or in the workplaces. Social law is the equivalent of human rights and also seek ways to make the rights and guarantees of the sectors that are most affected by society, more flexible and increased. It is the law’s way of promoting order and repairing the differences that may exist between social groups in order to provide protection.
The main features of social law are the following:
Social law is divided into four different branches, all of equal importance to society.
This is the kind of right that protects workers, and which also involves companies, employers, trade unions and government. Within it, we find collective and individual labor legislation. The Collective refers to the relationship between the employee, the boss and the union. The individual refers to the rights each worker has.
It is the type of social right that guarantees people, regardless of age or ability, the means they need to achieve basic services. It consists of the principles of integrity (social security covering the loss of livelihoods), flexibility (flexible retirement ages depending on the work performed), and non-discrimination (social security must be for all without discrimination of any kind, i.e. sex, ethnicity, health, sexuality, language, religion, etc.).
It involves the government policies of a nation that controls immigration and people’ deportation. These laws vary from place to place and are regulated by international law. Each country is responsible for defining the amount of time a person can be in the country and the rights of the same.
It includes the agrarian laws that regulate and exploit agricultural land and is one of the most important branches of social law as it gives protection to workers who own land.
Some historians consider that social law was born from a series of sociological causes obeying a group of circumstances. In this way, the Industrial Revolution and the liberal economic system gave rise to the working class and Social Law. From the moment the different society groups appeared and social law was initiated, social rights have a history based on a series of revolutions and struggles,
Social law evolved with the advent of the Renaissance, which produced a new and revitalized idea of law to promote equality of relationship between the individuals of a society. Before that time, Roman law applied to all communities. When the modern state emerged, they arose with different types of law, including social law.
The purposes of the social right imply that all persons in a place have the same rights to health, to education, to work in order to obtain a productive occupation, to protection for families and individuals, to social security as a public service guaranteeing health, to trade unionism and to strikes.
It is important because it points out the equality that exists between men and women with respect to the law, since all individuals can enjoy the same rights regardless of their ethnicity, social class, language, religion, skin color, type of work, studies, disabilities, and so on. It clearly states that everyone has the right to the services that the State can provide and, for this reason, sets out the laws and guidelines to be followed in order to achieve it.
Some examples of social rights would be:
Briceño V., Gabriela. (2019). Social law. Recovered on 22 September, 2022, de Euston96: https://www.euston96.com/en/social-law/