Social right: (in the sense of the following remarks) public (sovereign) right is coined/shaped and thereby by a over administration, authority) - and subordination relationship (applicant, recipient of services).

Social right (right of the social safety device) serves the fulfilment of the basiclegal order for the safety device of the Sozialstaatspostulats.

The term is comparatively again and becomes in Germany uniformly only since the 70's 20. Century uses; it is affected by the term of the "social safety device", which became usual in the international use.

Attempts, the social right (together with the industrial law and further right subjects) an independent third branch (Germans) of the legal order to assign apart from public and private right how this in except-German legal orders the custom is partial, could not themselves intersperse. The social right is a collecting and a cross section subject, which unite numerous individual right areas and law subjects in itself. It is divided after the traditional classification into the ranges social security (see immediately below), social supply (e.g. Severely disabled right, rent subsidy, child benefit, educating money, training promotion), and social welfare assistance (social welfare). According to the authority order of the Basic Law the ranges social security, welfare service and war victims welfare service can be differentiated.

A newer organization differentiates social remuneration, social promotion between the subsystems social one precaution (in particular social security, according to professional status supply), (e.g. Training promotion; Juvenile welfare service; Family distribution of burdens) and social assistance (social welfare assistance and used efficiency bonus plans).

As social right in the closer sense (in the formal sense) today the right of the social legislation is understood to a large extent (see immediately: Legal standardisation); in the broader sense (social right in the material sense) under it subjects of the distribution of burdens and the compensation, regional as well as according to professional status special precaution systems fall among other things

In a still broader sense all legal regulations can be seized with the functional term of the "social right", which pursue a special social purpose and in particular expression of the constitutional state goal of the welfare state principle are (article 20 paragraph 1 Basic Law), for example regulations over the social protection for tenants (rental law), protection against dismissal pertaining to labour law among other things

Legal standardisation

With the introduction of the social legislation (SGB), books I to XII, the core subjects of the social right in a coherent Kodifikation were seized. General regulations are contained into the SGB I and X. SGB IV is a general part of the social security right, SGB IX a general part of the right of the rehablitation and sharing of handicapped humans. Special parts are the SGB II (basic safety device for job seekers), SGB III (work promotion), SGB V (health insurance), SGB VI (old age pension insurance), SGB VII (accident insurance), SGB VIII (child and juvenile welfare service), SGB XI (nursing care insurance) and SGB XII (social welfare assistance). Regulation subjects of the social right in the closer and formal sense (see "§ 68 SGB I) are beyond that the right of the war victims welfare service and the social remuneration in all other respects (Federal Law on Pensions to War Victims; Victim compensation law; Infection law for the protection), the training promotion right (student financial assistance scheme), the educating money right, the maintenance advance law and the rent subsidy law, which are considered as special parts of the social legislation. The social court law (SGG) applies to the procedures before the social courts.

Social security

The social security is a substantial component of the right of the social safety device. At present the following branches of social security are legally intended:

- Unemployment insurance: SGB III

- legal health insurance (KV): SGB V

- Health insurance of the farmers: KVLG

- legal old age pension insurance (check valve): SGB VI

- Knappschaftliche old age pension insurance: SGB VI

- Artist social security: KSVG

- Age safety device of the farmers (see agrarian social right): ALG

- legal accident insurance (UV): SGB VII

- Nursing care insurance (test specification): SGB XI

Related links

• Introduction and deepening information to the unemployment pay II, social welfare assistance, basic safety device in the age
• Library: Materials to the social right and to the social politics

Articles in category "Social right"

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