The Construction and Characters of the Welfare Rights

복지권의 구성과 성격

  • Published : 2003.11.30


This study analysed the components and characters of welfare rights through discussions of the concepts and types of universal rights, and discussions of human rights and citizenship rights. Welfare rights is claims rights which requires somewhat, and it is positive rights. And it is generally passive rights, but it contains collective participation rights which is active rights. The result of total discussions of rights, human rights, and citizenship rights led us to know the components and characters of welfare rights. Welfare rights contains social rights, economic rights, and cultural environmental rights. Social rights are composed of the right of social security, social welfare service, health, education, and residency. Economic rights are composed of the right of labor, intervension of labor market, job security, and capital control. cultural environmental rights are composed of the right of culture and environment. And welfare rights has several characters. First, it is natural rights which is bestowed on the citizens or people in modern civil societies. it is samely characterised as liberties and political rights. second, it has the same values like other rights such as lberties and political rights. Or it is more important, because it is necessary for other rights. Third, it is not the objective being which is constant, but it is changed, formed and constructed as total rights with human rights and citizenship rights. Fourth, it is truely rights, but is simultaniously accompanied by obligations. But the obligations is unconditional like as other rights. Endly, levels of welfare on the welfare rights must be modicum rather than minimum. The meaning of modicum level is uncertain, but it aims to the entire participation of peoples as citizen and social integration. And it has to aim to the prevention of heridity and continuity of inequality.