SYSTEM OF WOMEN'S SOCIAL PROTECTION GUARANTEES
DOI:
https://doi.org/10.33216/2218-5461-2020-39-1-98-109Abstract
The article analyzes the specifics of women's
right to social protection. The list of guarantees of
social protection of women is presented. The contents
and significance of each of the guarantees are examined.
The relationship of these warranties with one
another is characterized by a common system.
The author notes that the system of guarantees
of women's social protection has not become a subject
of scientific interest of a wide range of scholars,
but cites the positions of some of them. Some scholars
define guarantees as a set (system) of conditions
or means that contribute to the realization of the
rights, freedoms protected by the law of interests and
obligations by every person and citizen. Others, considering
the system of guarantees of the rights, freedoms
and responsibilities of a person and a citizen in
a democratic state, believes that the social legal
mechanism of ensuring (realization, protection and
protection) of human rights and freedoms is a system
of means and factors that provide the necessary conditions
of respect. to all fundamental human rights
and freedoms that are derived from their dignity.
P.E. He negligently notes that legal safeguards are
statutory means that directly ensure the lawful conduct
of public relations entities.
It is stated that the system of legal guarantees
of an employee's labor rights must be effective both
quantitatively and qualitatively. The number of legal
safeguards must be sufficient, optimal, and the
means, methods and conditions themselves must be
given a realistic character. A rather deep study of the
types of guarantees the author finds in the work of
P.M. Rabinovich, who divided them into four main
criteria.
V.F. Pogorelko distinguishes two categories
of guarantees: general and special. A similar classification
is followed by Professor AF. Fritskyy, who
also considers general and special (legal) guarantees for the realization of human and citizen's rights and freedoms. S.M. Prikhodko, exploring the types of guarantees, first of all, notes that the importance of legal guarantees under labor law is that they are aimed at ensuring the participants' strict implementation of legal rules, compliance with the rule of law and the principle of legality. For example, the scientist V.V. Lavrukhin notes that there are four levels in the structure of social protection: the first is: guarantees are basic; the second: additional (or optional) guarantees, or optional; third: simple additions (provided by taxation); fourth: personal protection at the expense of income.
Keywords: guarantee, social protection, women's rights, social legislation, gender equality.