Understanding Social Security: Principles, Benefits, and Coverage
Social Security
What is Social Security?
Social Security is a multi-disciplinary system intertwined with various areas. It’s a far more advanced protective system compared to social insurance, as its scope reaches the entire population and addresses all social needs. It provides protection not just for workers, but for all individuals against various needs.
Social Security is a key instrument used by the state to address contingencies and risks faced by workers, such as sickness, maternity, disability, accidents, old age, death, and occupational hazards. It is mandatory for both employers and employees.
Undifferentiated vs. Differentiated Social Protection
- Undifferentiated: Often profitable, not mandatory, and benefits a specific group.
- Differentiated: Includes Social Insurance and Social Security.
Individual vs. Intangible Needs
- Individual Needs: Subdivided into tangible (material) and intangible needs. Material needs are categorized into food, clothing, and housing.
- Intangible Needs: Include knowledge and education.
Social Welfare vs. Social Security
Welfare and Social Security are distinct concepts. Welfare focuses on attending to the homeless without requiring contributions, unlike social insurance. Social Security, on the other hand, involves contributions and minimum standards to determine the validity of a right.
Principles of Social Security
- Universality:
- Universality of Scope: Aims to protect the entire population as a human right, regardless of contributions.
- Universality of Risk Coverage: Aims to cover most misfortunes, contingencies, and needs, including preventative, rehabilitative, and recovery mechanisms.
- Solidarity: Encompasses four factors:
- Age: Provides protection to vulnerable age groups.
- Economic Status: Aims to provide full wages.
- Health Status: Promotes solidarity between the healthy and the sick, and the living and the deceased.
- Social Marginalization: Addresses the needs of marginalized groups.
- Other Principles: Risk-Unit, Equality, Proportionality, Opportunity, Technology, Efficiency, Economic Management, and International cooperation (as a human right that transcends borders).
Social Health Insurance Coverage
Covered Individuals: Spouse, minor children, cohabiting partner, spouse’s children, children under guardianship, husband, and parents.
Conditions: Membership, legal term, and the spouse not being covered by other insurance.
Heteronomy of Social Security
Social Security is heteronomous because it’s mandatory, similar to labor contract law. The law imposes an obligation regardless of private will.
Ordinary vs. Extraordinary Risk
- Ordinary Risk: Predictable in its approach and effects, aligning with normal insurance market patterns. Corrective measures like loading, premium, and deductible can be applied.
- Extraordinary Risk: Exceeds normal insurance coverage due to the magnitude or nature of its causes and effects. Examples include natural disasters, earthquakes, revolutions, and political upheaval.
Scope and Nature of Temporary Disability Benefit
(Information on the scope and nature of temporary disability benefit is missing from the original text.)