Social Security of Person with Aids: Framework and Application and Non-Application of the Right A Case Study

Ivy Batisanan Baban
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Abstract

The need to protect everyone, not merely against grinding poverty, but also in the enjoyment of a reasonable standard of life, has gradually established itself as one of the supreme values of the modern states (Lloyd 1987). The state has a notion to protect its people. The state therefore must see to it that its people enjoy their rights and no right has been violated. To protect them from the adverse effect of life like poverty, the state established the right to social security. Human rights that protect and uphold the social security of individuals around the globe have been an issue of who gets more of the allocation of services and benefits provided and managed by the state versus the common view that everyone got to taste the acknowledged right to social security. However bias, the baseline of social security scheme in the present times therein lies on who deserves or non-deserving against the set guidelines considering the scarce resources each state has and the volume of the contribution its citizens give.The evolving problem that sifts awaiting benefits to each individual is the emergence of contribution from the gainfully employed and self-employed and the non-contribution, or the incapacity to contribute, of the unemployed and the vulnerable strata of the society that includes primarily the elderly and the disabled. Given the fact that globalization is widespread, "mounting acceptance throughout the world of human rights puts pressure on all countries to re-cast development policies and eliminate poverty." (Townsend 2007) Otherwise, the overall protection of each right, as stipulated in variant covenants and in international law, cannot reach its full realization and application.
艾滋病人的社会保障:权利的框架、适用与不适用——个案研究
保护每一个人的需要,不仅要防止极度贫困,而且要保护每个人享有合理的生活标准,这已逐渐确立为现代国家的最高价值之一(Lloyd 1987)。国家有保护人民的观念。因此,国家必须确保其人民享有他们的权利,不让任何权利受到侵犯。为了保护他们免受贫困等生活的不利影响,国家确立了社会保障权。在全球范围内,保护和维护个人社会保障的人权一直是谁能从国家提供和管理的服务和福利分配中获得更多利益的问题,而不是每个人都能享受公认的社会保障权利的问题。然而,考虑到每个国家拥有的稀缺资源和公民给予的贡献量,当前社会保障计划的基准取决于谁值得或不值得。等待每个人得到好处的不断演变的问题是,有收入的就业者和自雇人士作出贡献,而失业人员和主要包括老年人和残疾人在内的社会弱势阶层不作出贡献或没有能力作出贡献。鉴于全球化的广泛存在,“全世界越来越多地接受人权,这给所有国家带来了重新制定发展政策和消除贫困的压力。”(Townsend 2007)否则,各种公约和国际法所规定的对每项权利的全面保护就无法得到充分的实现和应用。
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