Branches of Social Law

The social right is the set of rules, laws and regulations which establish the principles and measures of protection of individuals , groups or sectors of society that are most vulnerable . The primary objective of this right is to be able to order and correct the inequalities that exist between different social classes, in order to protect people from the different issues that arise every day.

Within social law we can find different branches, about which we will detail below.

Branches of social lawDefinition
Right to workIt is the right that protects workers and that also involves companies, employers, unions and the government. The objective is that the employment relationship is as fair as possible and with common agreement between the parties involved.
The right to social securityIt is the right that is responsible for guaranteeing the access of individuals to a dignified life, non-discrimination and just retribution for their efforts.
Immigration lawIt is the right that involves the government policies of a country that controls immigration and deportation of people.
Agricultural lawIt is the right that involves those norms that regulate the possession and exploitation of the national territory for agricultural purposes, that is, for the production of food. It includes the laws that regulate the exploitation of land and provides protection to the workers who own it.

What is social law?

It is known as a social right to the branch of law that is based on establishing the different principles, norms and protection measures for the most vulnerable people, sectors and groups of society. This legal framework deals with possible conflicts that are generated within society and between the different social classes that compose it.

This branch of law’s main objective is to protect, watch over and establish the behavior and attitudes of people, to achieve equality within social classes.

Social law deals with social rights, which are recognized by positive law and are part of the fundamental rights of every human being, as approved by the International Covenant on Economic, Social and Cultural Rights , which came into force internationally in 1976. These rights are also recognized in the Universal Declaration of Human Rights promulgated in 1948.

Social rights can be founded within the “social contract” as understood by Rousseuu, this implies that it may or may not be explicit within a National Constitution, or they may derive from the different Human Rights Declarations. They are based mainly on aspects related to individual freedoms, work, social security and access to basic services.

What is social law?

As we detailed, social law is a set of norms and principles that seek to protect, integrate and monitor the correct behavior of individuals within society. This right is the equivalent of human rights and also seeks to make more flexible and increase the rights and guarantees of those most vulnerable sectors of society. The social law is the way the law is to promote order and to repair the differences that can arise between different social groups to protect them .

Characteristics of social law

The fundamental interest of social law is related to the coexistence of human beings within society, that is, with the correct resolution of the social needs that human beings have through the intervention of institutions. This aspect has to do fundamentally with equality, equity, the rule of law and other conditions that guarantee the continuity of social peace.

Among the main characteristics of social law we can find:

-It is a cultural and human product.

-It has multiple instrumental functions.

-It is a dynamic object.

-It is known as a process and not as a single act.

-It has a systematic presence and its rules are hierarchical.

-It is based on social reality.

-Seeks to provide balance to human interests

-Seeks to establish social values ​​in order to promote order.

Branches of social law

The social law is divided into four different branches, each of which is equally important for society:

-Labor right or right to work: It is the right that protects workers and that also involves companies, employers, unions and the government. The objective is that the employment relationship is as fair as possible and with common agreement between the parties involved. Within this right we can find a collective labor legislation and an individual one, the first one refers to the relationship that exists between the employee, the employer and the union, and the individual labor legislation has to do with the rights that each worker has.

-Right to social security: The right to social security is the one in charge of guaranteeing individuals’ access to a dignified life, non-discrimination and just retribution for their efforts. This right guarantees people regardless of their ability, age and the means they need to be able to have basic services.

The right to social security is made up of the principles of integrity (this implies social security that covers the loss of means of subsistence), flexibility (that the retirement ages are flexible according to the work and efforts carried out), and the non-discrimination (implies that social security must be equal for everyone and must not discriminate based on sex, age, health, language, religion, among others).

– Immigration law: Immigration law is one that involves the government policies of a country that controls immigration and the deportation of people. The change of residence is a human right and an activity that has been carried out since the beginning of humanity. These laws vary from country to country and are regulated by international law. Each country is responsible for defining the amount of time that a person can be in the country and what their rights are.

-Agricultural Law: Agrarian law consists of those rules that regulate the possession and exploitation of the national territory for agricultural purposes, that is, for the production of food. It includes the laws that regulate the exploitation of land and provides protection to the workers who own it.

Importance of social law

Social law is of vital importance within society, since it guarantees social change , that is, the construction of a society that is more just, free of inequalities and phenomena that impoverish the social life of individuals, such as the racism, abusive work, discrimination, lack of access to education, among others. These concepts are usually grouped under the term social justice and primordial for social peace to prevail.

Here are some examples of the areas of interest of social law:

-Fight against xenophobia, racism and different forms of discrimination.

-Social protection of the working classes and the most vulnerable sectors, against marginalization, exploitation and other dynamics that are toxic to society.

-Defense of fundamental freedoms and internationally recognized human rights.

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