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?

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.

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.

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.

A Brief Review of Discourse Changes in China's Human Rights White Papers

Comparative analysis of China’s human rights white papers provides a valuable perspective on changes in the official human rights discourse. In terms of their structures, the white papers can be divided into three types: the mixed model, the five-in-one model and the rights-list model. The rights-list model has a consistent style, standard terminology, and an arrangement of rights in line with China’s reality. In terms of contents, the right to subsistence has been gradually reduced and the right to development is increasing. In the 2013 white paper, there was a whole chapter on social security rights, which highlights China’s social development and the priority placed on the people’s wellbeing. The right to development and social security will become a new focus of human rights discourse in China.

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

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.

The Profound Revelation of Human Social Relations and the Profound Realization of Information Right of Citizens——The social significance of network technique advancement in the perspective of “Entity Cube”

The R＆D group of relationship searching in Microsoft Asia Research Institute explains ＂Entity Cube＂ launched in 2008 as follows：

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.

A National Governance Perspective on the Transformation of Rural Property Rights： The Chinese Experience

Property rights have multiple attributes, and these are correlated with national governance. In the West, property rights have the economic function of maximizing efficiency and the political function of rights protection, but in China, they also have a strong social character. With the modernization of national governance, these functions interact with and transform each other. When the state＇s ability to supply public goods is relatively weak, property rights take on more of a social character, meeting public demand for welfare at the grassroots level. When the state is better able to provide public goods, the social function of property rights lessens as their economic function grows. The social character of property rights was the institutional foundation for China, as a huge agrarian state, to realize ＂governance through inaction,＂ and at the same time was the secret key that could break the code to the millennial continuity of Chinese agrarian civilization. Reforms including the collectivization of rural property rights after 1949, the ＂separation of two rights＂ （to collective ownership and household contracted land, with a focus on the latter）, and the ＂separation of three rights,＂ （to collective ownership, household contracts and revitalized land management）. These changes constitute a process in which the economic function of property rights has been growing while their social character has lessened under conditions of national governance modernization.

Individual Human Rights and Obligations Towards Communities

Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, the rights and obligations of individuals are regulated towards communities. I then want to investigate whether the talk of ＂collective human rights＂, understood as ＂third- generation＂ rights, are of equal value to be set with individual human rights. Against communitarian arguments for the primacy of community-related duties one can stress an expansion of a liberal concept of human rights by the inclusion of justice demands and social human rights. To show that special community needs can be protected and promoted through individual human rights and national col- lective rights, I used the example of the protection of minorities. Finally, I will explain why human rights are not a comprehensive theory of the good and illustrate with this the limits, and also the original strength of human rights. We should not overestimate human rights, but also we should be aware that a sober understanding of human rights is philosophically reasonable, legally possible and politically of great importance.