The Right Of Vulnerable Population Groups To Social Benefits: Implementation Challenges

Abstract

The article analyses certain aspects of legislative, judicial, and doctrinal usage of the concept of social benefits as a form of social protection for vulnerable population categories. Attention is drawn to the fact that today in legal science there is an unsystematic use of the categorical terminological concept of «privilege». Emphasis is placed on the need to unify the content of this concept. An additional characteristic of the legal nature of this term is identified as the individual’s role as an authorised subject in social security relations of this kind. The content of the powers of such an entity defines the possibility to obtain additional, special rights, the so-called «advantages», and to be exempted from legally prescribed obligations. The argument is supported that a social benefit constitutes a legislatively differentiated alleviation of legal and associated conditions of a person’s social existence. As an authorised subject of social security law, the individual is deemed capable of meeting their basic social needs, recognised by society as fundamental, as well as legitimate interests within the social sphere, including the restoration of an appropriate level of personal social security. It is emphasised that the right to social benefits can be realised within social security relations, even though it pertains to various aspects of an individual’s life. It was noted that today the sphere of social relations, in which the right to social benefits is exercised, is extensive today and includes tax, credit relations, housing provision relations, and others. The main purpose of social benefits for vulnerable sections of the population as a component of their social protection is to ensure socially safe conditions for their life, which are consistent with human dignity, the legitimate interests of the individual in the social sphere, as well as with the interests of other social groups and the state. The specific nature of objective and subjective barriers hindering the effective realisation of an authorised subject’s right to social benefits within social security relations is clarified. The study provides a characterisation and list of these barriers. It is highlighted that systemic and subjective barriers in exercising the right to social benefits among vulnerable population groups undermine the state’s efforts to create socially secure conditions for every individual. Emphasis is placed on the need to involve civil society institutions, which also hold social responsibilities and, to some extent, should perform a social function beyond state obligations. In this way, they can contribute primarily to the adequate social security of vulnerable groups within society.