Reviewof Social Security

Reviewof Social Security

MohsenDavarzani

PhD Student of Provincial University of Baku

Abstract

Seventeenths century is the commencement of the experienced and long history of the social security system. At the beginning of this century, the issues of poverty and inability in affording of the social security of the people expanded. For this reason, the governments took several measures in support of the employees who had low income.. According to it, an independent organization called “social insurance of the employees’ organization” was established. The project of institution of “welfare and social security ministry” was regulated and enacted in the second half of the year of 2002 by the congress (Panahi, 2005). Correspondingly, the law of the structure of general system of welfare and social security, which was one of the most noteworthy authorizations of the sixth congress, was presented in June of 2004. At this moment, the whole incomes of the government in social field form 70 percentages of the current income of the country.Welfare and social security ministry has assigned 40 percentages of the current budget of the government to itself.

Key Words: social security, disadvantaged class and underclass, retirement, social welfare

Introduction

Human being has confronted many bereavement and difficulties from the past ages. He was suffering of the problems such as unemployment, diseases, organ deficiency, and accidents of some of his co specifics. So, he was in seeking of independent and respectful ways which one of them was “social security”. In general, three factors generate the necessary backgrounds of the invention of “social security” in the world. The first one is personal advantage and profit. The second one is philanthropy and zeal and the third one is the feeling of joint fate or fraternity feeling. In this paper, the main problem is whether the process of forming and development of the security is growing? Has social security of Iran grown with social security of other countries simultaneously? The Meta-analysis method has been used for responding to this question. In this way, the applied major sources are the accessible document and books in Farsi and English languages which are associated with the history of the emergence and evolution of social security in Iran and the world. In this study, the contexts of the accessible sources have been analyzed. After that, they have been applied according to the chief inquiry of the essay. Initially, this paper reviews the initial forms of social security in Iran and the world. Then, forming of the social security organizations have been evaluated in the world and then in Iran, in the modern way. Finally, the future challenges and adverse barriers of social security in Iran and the world have been considered.

The Concept of Social Security

Social security has not been defined succinctly or acceptably. It gives the impression that considering of the issue of social security has been accompanied with two jaundiced eyes. One of them is the theory of interpretation of social security in the view of the person who is in strain and the other is interpretation of social security in the view of the opulent ones. In the sight of the opulent ones, the social security is a collection of the politics, mechanisms and practical programs for sustaining of the vulnerable and serving to the disadvantaged people (ZahediMazandarani, 23:1999). In the observation of the people who are under the pressure and stress, it may be defined with conception of unemployment insurance or one of the different kinds of the insurance which has been determined for the vulnerable strata. In comparative aspect, the legal conception of the word of “social security” has been considered at least in the federal law of America which was enacted in 1935 by the congress. In addition, it has a general and common conception in respect of the supportive aim of the government. In fact, it includes the limit definition of social security which is related to insurance and insurance of the employees as well as a social supportive system of all the needy and poor ones (Watson, 1980: 1). Of course, in England, a kind of limited definition has been determined for it. For example, in the law collections of no 1408 enacted on 1971, the issue of immigrated workers has been limited to the classic branches of the social security which has insurance security prospect (Story, 1994: 110-132; Harris, 1999: 15).

Social security doesn’t include only the related advantages of accessing to labor such as disablement and unemployment in the European capitulary of “equal behavior in respect of social security”. It does not include only financial support in unemployment period. However, this attitude to social security laws is indicative of the initial laws which belong to each person, more than being related to this inclination.

The pivot of the discussion of the European capitulary of 1979/7 is the principle of equal behavior in the sight of some jurists (White, 1999:114) and there is no difference between man and woman in this respect (stipulation 1). Stipulation 4 has described its contents well and knows direct and indirect discrimination in respect of gender…as contrary to the principle of equal behavior.

Some scientists have emphasized on the issue of “policy making” (Atkinson, 1989: 99). They believe that the word of “social security” has two sided meanings which include policy making of the government in social security or a collection of manners and policies. In any aspect, it is the result of the ideology of the governments and the manner that considers them as one of the aspects of his macro policy in social security.

There is discrepancy in the issue of the limitation of authority and duties of government in social security. In general, “in opposing to the theory of limitation of the duties in classic constitutive law, the socialist intelligent men know necessary the intervention of the government in the execution of the charges. They think that the most significant duty of the government is providing of welfare security of the people and the development of the social justice”(Nasiri, 2001: 114). Naturally, the tendencies of the government to these theories are the determiners of the policies of that government.

The Concept of the Social Security Law

The social security has roots in the private contracts which were signed by the person who had more financial ability. Later, public contracts which had private law aspect, was signed for collective security of the workers of the factory by the employer. This was done for protection of the skilled workers and its aim was maintenance of the private profits of both parties.

Social security was regularized with development of the concept of “right” from instinctive rights to the rights which arose from freedom. The proportional development of the governments to the democratic societies and their familiarity or inevitability to the acceptance of social security laws were appeared in manifestos and covenant which were accepted by some representatives of the government for security of political , economical and social laws of the people. In addition, there are different categorizations of social security legally such as public social security and social security which are proper to the situation of the people whose appearance is in inner laws of the countries.

Nowadays, in world levels, there are fewer tendencies for pecuniary payment to the people as a part of social security (Scheinin, 1995: 213). Social security is completed through insurance, social security or other enduring profits. This development owes some sympathies which has been regulated in the format of worldwide and aerial documents and is binding and obligatory for the countries legally or morally.

The Place of Social Security in the Law Science

These days, social security laws depend on the fields of “general law” and undoubtedly, it is one of the supportive tendencies of the people who must be supported according to the documents of civil right, employment laws and fugitiveness laws. This field of law is close to the field of private law field structurally and because of the contract which is signed between the provider organization and provider of the social security and the people and the groups. Also, it can be a branch of “general law” because its administrator ship is the duty of the government. Although it is not possible to deny the close relation of social security law with economical law , political law and other concepts which are not legal such as sociality and abiding development. In general, one of the essential and significant legal solving problems for supporting of the workers is supporting of them against the accidents which arise from work and authorizing of a comprehensive system for social security (Badini, 2003:48). Whatever the efficiency and systematizing of the governments are indicative of their authority and their financial ability and their attention to the wishing of the public. For this, in constitutive law, social security is one of the essential and significant rights of the people and public duties. Frequently, constitutive law emphasizes this duty. Based on this, doctrine 29 of constitutive law of Islamic Republic of Iran arranges “ privileging of social security is a public right from the aspect of retirement , unemployment , oldness, disablement , homelessness, not having any protector , accidents and necessity to the hygienic and medicinal services and medical caring in the form of insurance ,etc . The government is to provide the above mentioned financial support and services from the sources of public incomes and the incomes which arise from the corporation of the people.”

Social security is related to social welfare. The theory of social welfare is indicative of the part of the government structure which follows a special policy in collective welfare field (Harris, 1999: 4). It is said about the social security and social welfare that social security is not an abstract concept which is the duty of the government and needs a kind of coordination between government and the people. From the aspect of the theory of welfare government, protection of the welfare of the people is the duty of the government and the expectations of the people in this field have been shaped in subjective law. So, it can be expected that a type of constant and abiding policy making and enactment of the homo lateral law with the criteria of civil right can be achieved by correct comprehension of the relation of social security and social welfare. Social welfare laws determine the political structure of essential roots for realizing of the welfare theory. Authorizing of appropriate regulations and tendency to the social welfare theory in the pillars of the government is the most important factor for institutionalization of social security as a kind of right.

Establishment of Social Security

The proto-human being was not in need of social security or collective compacts because he could garnish his essential needs. On the other hand, the family had special place extensively and many problems could be solved there. So no one was worry about the situation of his own family because he was sure that the other would protect and support his children in the case of his death. In fact, this mutual supporting networking gifted a kind of initial social security to him and his family member which removed many concerns. In addition, different organizations such as family and religious organizations such as temples, shrines, churches and mosques took upon themselves supporting of the bereaved ones, caring of orphans with different methods involuntarily. On the other hand, the lives of all people was not equal and in the same level because of different situations, circumstances, natural properties, the manner of the governors and the talents of the people. So, all people did not have equal income.

17th century is the beginning of the long history of the new system of social security. In the beginning of this century, the issue of poverty and incapability in providing of economical security expanded. Because of this, some measures were taken for sustaining of the employees who has low incomes. The first antitype of this issue can be found in the actions of Henry IV (king of England) in 1604. He ordered that a quantity of the income of every mine in England be reduced and assigned for buying of the medicine and curing of the employees in the same mines.

From the late of 19th century and beginning of 20th century forth ward, some laws and rules were regulated for civilizing of the welfare of the employees. In 1881 and concurrent with the emperorship of Wilhelm I and the chancellorship of Bismarck in Germany, for the first time, the law of social security was approved. German government approved different kinds of insurances of disease, the accident of the work, disablement and agedness. So, the first system of social insurances was approved in Germany and widened in the other European industrial countries. After 1898, the enacted laws of the Europe widened and developed the extent of indemnification whose reason is work to different groups of mercenary ones. For example , we can point to the accident law which is the consequence of mechanized agriculture (in 1899) , the insurance of the employees of the commercial organizations which deals with engine under the law of 1906 and the insurance of the caretakers of the houses against the accident whose reason is the work in 1914. In this situation, the Second World War was significant in the history of the social security which was accompanied with development of the disease. After World War II and especially in the years after the economical crisis of America and Europe (from 1929 to 1933), the new age of social security began.

The term of social security which is a mixture of economical security and social insurance was applied for the first time in the essay of 1935 of federal government of America. Then , in 1948 , in stipulation of 22 , the worldwide manifesto of civil right enacted in public assembly of united nation organization , this sentence was included “all people have the right of privileging of social security as the members of the society”. In addition, for the consistency of the international aspect of social security affairs, unite nation organizations, international labor organization (ILO) and international amalgamation of social security (ISSA) accepted some duties and actions in this case and was obliged to administrator ship and execution of it ( Rahmani,2007).

Although social security is the result and the consequence of industrial revolution in Europe, we can fined some signs of the existence of social policies of the governments before the advent of industrial revolution in Europe by studying of the history. For example , we can refer to the social dissatisfactions of 4th century (B.C) and the issue of the poverty and economical insecurity of a lot of people of the England in the time of the reign of Henry IV in the beginning of 17th century and approval of the poverty law in 1601 (Taleb, 1992).

Laboring syndicates and international organizations such as international labor organization (ILO) and international amalgamation of social security (ISSA), maintained the profits of the procreative peoples in national and worldwide level. The activities of social security in Europe can be studied in three periods.

1. First period -of 1839 to 1880-which focused on the particular awareness of the governments to the authorizing of safety law and protection of the labor
2. The second period -from 1883 to 1919- during which complete support of the material and financial right of the laborers, especially establishment of the system of social insurances were done
3. The third period –from 1919 forward which resulted in the authorizing of the labor and employment rules and the rules which are related to adjustment of the relation of the employees and employers and the coverings such as the dangers which are the result of disease and the accidents which are result of the labor , disablement , agedness and unemployment.

In this situation, social security appeared after the World War II and economical crisis in the industrial countries in the modern shape. For example, we can point to the new project or new deal which was brought by the president of the American called Franklin Roosevelt (Panahi, 2005).

The Appearance of Social Security

In 1993, 85 clayey tablets were discovered during the excavation of Persepolis. According to this tablet, the Iranian employees had been salaried and there were a determined recording system for their payment. The amount of their salaries depended on their skills and equal people had equal salaries in equal labors. The labors that had the minimal amount of the salaries were given wage and compensation for indemnity of the shortage of their life. The women employees were dispended of work for 5 months and received a part of their own salaries. All family members of the employees of the government benefited of the privilege of governmental services such as subsidizing and some equipment and accessories of life. Providing of the food, clothing, and housing of the employees were the duty of the employers during the employment. The workers were cured in the time of disease and accidents and bodily damage. The significant point of this tablet is the presence of the employees who were not local or even Iranian. In fact, they came from the province of Egypt, Syria and Greece. These people had come from the colonies of Achaemenian of Iran and received their salaries in the time of the abandonment of the work. The salaries of these workers were equal to the other workers. One of the most significant appearances of the social security in late 25th century is paying and advance (subsidy) to the workers which had been pointed in the tablet no 21 to it. It can be claimed that this tablet is indicative of the attention of the government to the lives of the people even the wage workers who were paid at the end of his work every day. This has been unprecedented and has remained unique for centuries after that (Mostofi,1998).The other significant point of this tablet is that men and women worked in one place in many cases. And their salaries had been equal and the amount of their salaries was depended on their skill and not their gender. Also, the women employee who had sucking baby, entrusted these babies to a kind of place for nursing them during work and the suckler women were given extra ration. Cyrus says “I will not allow any one to force some one to work hard without receiving of any salaries … and do every work which he wants and consume his property in any way that he wants provided that he doesn’t damage the right of other peoples” (Taleb,2002).