Social Rights and Work on Digital Platforms in Brazil:The Case of“Breque dos Apps”

The movement known as“Breque dos Apps”was a social movement of a striker nature,which took place in Brazil in July 2020.Such movement was organized by workers which provided services to delivery apps(like iFood,Loggi,Uber Eats and Rappi).They demanded better working conditions and social protection measures,since they were out of the protection of the Brazilian legal system.The reason for this lies in the fact that there is a debate about the classification of these workers-the maximum expression of the gig economy-as employees under Brazilian legislation.As a result,and with the exponential growth in the use of these applications due to the Covid-19 pandemic,thousands of workers were left on the fringes of any social protection.This study aims to analyze the aforementioned movement and its demands within the paradigm of social rights,especially the ones regarding collective representation,which are guaranteed by the Brazilian Constitution.In terms of methodology,the content analysis method will be applied,considering that the established objective presupposes the study of theoretical and legal texts that allow the structuring of concepts applicable to the theme.The research technique to be adopted will be the analysis of indirect documentation,that is,literature review,to be carried out through bibliographic and documentary research,focused on literature and legal texts related to the topic.

The Protection of the “Third Kind of Workers” in Gig Economy from the Perspective of Social Rights

Due to the new flexible employment mode of the gig economy,many workers in the gig economy cannot be classified according to the traditional dualistic division of labor relations and non-labor relations,and their rights are basically under no protection.As human beings making a living through their labor,the workers in the gig economy should be entitled to basic human rights,among which the most directly related is social rights.The concept and theoretical framework of"independent workers"put forward by American scholars is more conducive to the protection of their social rights.This theory not only has the legal basis of international law,but also conforms to the legislative purpose of striking a balance between the protection of workers and the sustainable development of the gig economy.It is also practical.Based on this theory,China’s national conditions,and the core conventions of the International Labour Organization,we propose a new way to protect"the third kind of workers"in the gig economy.

The Path of Human Rights Development with Chinese Characteristics in the New Era:the Coordinated Promotion of Social Rights Protection and Economic Development

The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection and economic development China and the West have different practical experience in handling their relations But a proper handling of their relations is conducive to promoting the development of human rights It is one-sided to either emphasize too much on social rights protection or to excessively pursue economic development The in-depth interaction between social rights protection and economic development is that they promote and restrict each other It is the right choice for human rights development with Chinese characteristics in the new era to promote social rights protection and economic development in a coordinated manner We should not only lay a solid material foundation for social rights protection with the high quality and efficiency of economic development, but also take social rights protection as the ultimate goal and strategic means to provide sufficient driving force for economic development And social rights protection and economic development should be synchronized.

Economic Growth:The Fundamental Path to the Realization of Social Security Rights for Migrant Workers

The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of materialism and the practice of social security,the realization of social security rights for migrant workers fundamentally depends on economic growth.The Belt and Road Initiative has provided a Chinese solution for creating a strong material and technological foundation to meet the social security needs of all people,including migrant workers.

A Systemic Interpretation of Social Rights in the Chinese Constitution

Prescribed by the Constitution of the People's Republic of China, social rights provisions cannot be comprehended in isolation, nor can they be interpreted simply by referring to the concepts of positive rights or socio-economic rights in traditional constitutional theory. On the basis of the Constitution, social rights exhibit three interrelated dimensions from the perspective of systemic interpretation: promoting people's wellbeing, promoting democratic politics, and promoting citizens' participation in state-building. In the overall structure and normative intention of the Constitution of China, social rights are not only a kind of socioeconomic right, but also a fundamental right with a socialist nature. Specifically, social rights are individuals' right to claim their economic welfare from the state, as well as the basic civil right of realizing a comprehensive social identity. They have a social and economic nature, and to a certain degree a political nature. Correspondingly, the normative structure of social rights, and in particular their functions and orientation toward obligation, are constructed on the basis of this kind of nature. The functions of social rights are most frequently manifested as objective value order, and its specific duty to protect not only points to specific state institutions such as the constitutional review organs and judicial organs, but to the whole national governance system, thus forming a Chinese-style institutional guarantee model of social rights.

Comparative social rights:status and integration in the US

In this essay we develop a framework for better understanding how a focus on enhancing the social rights of immigrants and migrants can lead to greater levels of social incorporation for these groups into their destination countries and/or communities.First,we discuss how the concepts of social rights and incorporation have been used in the social sciences to understand migrants and immigrants.Second,we critically discuss models of immigrant incorporation derived from studies of the US and Europe to demonstrate the value of developing comparative frameworks across distinct countries and communities.Third,we develop and apply the categories of status and integration to discuss how social rights derived from public policy can serve to inhibit or facilitate the effective incorporation of immigrants and migrants.Fourth,we describe how subnational,state-level governments have become increasingly critical actors in affecting both status and integration in the United States.We demonstrate that social rights and incorporation cannot be understood in the US today without an appreciation for variation across distinct state governments.Lastly,we conclude with a consideration of how our analysis makes very clear that government officials are in key positions to determine the scope and depth of immigrant and migrant social rights and incorporation in ways that can simultaneously serve the long-term interests of immigrants,migrants,and the nation state as a whole.

Five Years after the Entry of Force of the Optional Protocol to the International Covenant on Economic,Social and Cultural Rights: Some Observations

The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?

To Realize People's Right To Social Security

The right to social security is the basic right of citizens of a country. The International Covenant on Economic, Social and Cultural Rights, which came into effect for China on June 27, 2001, stipulates in its Article 9 that "the States Parties to the present Covenant recognize the right of everyone to social security, including social insurance." It also says in its Article 2 (1) that "each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic

Continuously Performing the Consultation and Social Service Roles of Human Rights Bases

The Ministry of Education and the State Council Information Office have named Renmin University of China as one of the human rights national education and training bases. This shows the full affirmation and trust in the university＇s education, research and training work and also represents encouragement for its future work.

Why The Constitution Should Protect Personal Credit Information?——An Approach of Right Argumentation

Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.

Social Construction and the Human Rights Cause

Entering the 21st century, China is now at a new historical starting point. During the process ofgiving priority to the central task of economic construction and co- ordinating economic and social development, the work of social construction has been placed in an important position and the develop- ment of the human rights cause has also exhibited new characteristics. To respect and protect human rights and develop the human rights cause, we should pay attention to and adapt ourselves to these new characteris- tics.

Human Rights Research Methods in Social Science

Introduction and Motivation Legal science and philosophy are two of the most important dis- ciplines in the field of human rights research, both of them assuming different roles and functions in human rights analysis. Scholars can discuss or debate from a philosophical per- spective such as where the ideology of human rights comes from, what the ontology of human rights is and whether people could legitimate human rights claims on the basis of natural morality.

A Dimension of Right in Analysing and Re-structuring Social Insurance in China

The right to social insurance has been largely recognized by various laws and treaties. However, such an issue in terms of its theoretical construction and systemic orientation, as well as criticism, guiding principles and control of the institutional reform of the social insurance system has yet to be adequately addressed from the perspective of human rights in this country. The paper addresses the dimension of rights by analysing this issue from both dimensions of human rights and people’s livelihoods. The author analyses the relationship between social insurance and the right to property, right to liberty and right to work, and argues for institutional improvement and reform of the social insurance system in this country.

Driving Force to Socialize the International Norms of Human Rights

Human rights, as a great term and lofty goal, have unquestionably become a topic of mainstream talk in the present-day world.2 Such mainstream talk has been internal- ized into part of the social structure. The current international society is experiencing a profound reorganization and transition in values. All kinds of new interactions under the context of globalization have resulted in the development of the current norms of international human rights, which are constructed on the basis of law and ethics. Therefore, analyzing the dynamic factors of socialization that support the operation of human rights norms in international society has become increasingly important in today＇s mutually dependent society.

Chinese Citizens' Right To Work and Social Security Effectively Protected——An interview with Zheng Silin, minister of labor and social security

Following is an interview by staff reporters of the Human Rights magazine with Zheng Silin, Chinese minister of labor and social security. The interview was meant in part to celebrate the tenth anniversary of the implementation of the Labor Law of the People's Republic of China that falls on January 1,2005. We are publishing this transcript with a view to providing our readers with information about how China has worked persistently to protect citizens' right to work and social security and the achievements it has made in this regard. We need to remind our readers of the fact that back in March 2004, the National People's Congress, China's highest legislature, approved a recommendation for revision of China's Constitution. In accordance with the recommendation, the Constitution had one more clause added: The state shall establish and improve a social security system commensurate to the level of the economic and social development.

Basic Categories of the Chinese Socialist Human Rights Theory

The basic categories of the Chinese socialist human rights theory consist of four elements, namely, human rights history, human rights concepts, human rights attributes and human rights protection. The category of the human rights history includes ancient notions of human rights, classical human rights theory, Marxist human rights theory and the sinicized Marxist human rights theory. The category of human rights concepts includes the subjects, contents, forms, classification, origin and essence of human rights. The category of human rights attributes includes universality and particularity of human rights, harmony and confrontation between human rights, politicalness and a-politicalness of human rights, indivisibility between rights and duties, and conditioning of state power by human rights. The category of human rights protection includes human rights and sovereignty, human rights and democracy, human rights and the rule of law, human rights and property, human rights duty holders, and human rights education.

论“数字弱势群体”权利保障的国家义务

全面数字化时代,如何充分保障“数字弱势群体”权利,是实现数字正义的重要内容。当下主流研究虽明确了通过法学范式保障“数字弱势群体”权利的正当性,但所采取的“权利进路”也因可操作性不足,制约了法律保障实效。我们需要结合国家保障民生的理论与实践,从国家在消除数字贫困、弥合数字鸿沟中的实际行动出发,完善“数字弱势群体”权利保障的国家义务。从理据来看,“数字弱势群体”权利保障的国家义务以其所享有的社会权为基础,目的在于通过国家义务设置,维护公民的多项社会权利。从内容来看,“数字弱势群体”权利保障的国家义务包括尊重、保护和给付三方面,且三方面又包含各自的具体要求。从实现来看,“数字弱势群体”权利保障的国家义务需要直面公民社会权的“非可诉性”难题,我们可以从扩大行政诉讼受案范围和进行公益诉讼两方面,展开国家义务履行不能时的法律救济。

论闲置水权收储的法律性质

为规范落实最严格水资源管理制度,界定因散见各地方水权规范性文件而缺乏明确边界的闲置水权收储行为的法律性质,将闲置水权收储的特点与常见行政行为,包括行政许可撤回、行政征收、行政处罚与行政协议解除的特点进行比较分析。提出基于闲置水权收储规范存在缺少信赖利益、补偿条款、负面评价与协议形式的特性,导致闲置水权程序无法归类于现有行政行为体系之中。指出应分别针对财产权社会性义务与行政协议解除的方向进行调整,在减轻其行政限制程度之余,明确闲置水权收储应作为终局手段,在其他催告手段穷尽之后再行实施。