Original scientific paper
https://doi.org/10.3935/rsp.v3i3.458
A Social and a Welfare State
Anton Ravnić
; Studijski centar socijalnog rada, Pravni fakultet Sveučilišta u Zagrebu
Abstract
There is a certain difference between a social state and a welfare state in the first essential element (the responsibility of a state for a just distribution of national income) because the former is characterized more by social, and the latter by deserved justice. As far the second essential element is concerned (a guaranteed right to social welfare), we can say that there are no essential differences between the social and welfare states because that question here is of a minimum standard of living. This must be adequate, a little above mere survival level, ensuring, however, a dignified human life. From that point of view, instead of speaking of a guaranteed right to social welfare, we could speak of the right to a decent existence. To sum up, we could say that the guaranteed right to social welfare consists of subjects, content and legal elements. The subjects are primarily individuals and families regardless of citizenship, i.c. any human being in a state of need. The content of the right to social welfare consists of maintenance and social assistance, medical care and accommodation. These rights can be either in the form of financial assistance or an assistance in kind or in the form of financial assistance or an assistance in kind or in the form of services. The guaranteed right to social welfare is legally a personal right, which means that it can be enforced before a competent authority. Taking into consideration the wellbeing that is protected, human survival and dignity in this case, the right to social welfare is a natural right, belonging to the rights of man of the first degree. If it cannot be ralized in a legal way and if survival is engangered, its bearers are entitled to resort to self-help. This type of right is, as a rule, not legally regulated and therefore it is not legal, but it is legitimate. The ground for legitimacy is the wellbeing that is protected and the demands for social justice.
Keywords
Hrčak ID:
29847
URI
Publication date:
1.3.1996.
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