APPROACHING SOCIAL SECURITY THROUGH THE HUMAN RIGHTS PARADIGM. POSSIBLE JURIDICAL PATTERNS OF ANALYSIS

George Măgureanu and Maria Beatrice Berna
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George Măgureanu: Romanian-American University, Law Faculty, Bucharest, Romania
Maria Beatrice Berna: Titu Maiorescu University, Law Faculty, Phd. School of Law, Bucharest, Romania

Contemporary Legal Institutions, 2014, vol. 6, issue 1, 88-99

Abstract: The present paper aims to analyse the concept of social security within the juridical paradigm of human rights, highlighting the peculiarities of this concept. The main hypothesis of our study may be synthesized in the idea according to which, the theory of human rights represents for the concept of social security, a suis generis environment of exposure that guarantees an extensive interpretation and application in favor of the right to social security. The cross-sectional assumptions of our study were oriented towards two main ideas: (1) reflecting the concept of social security within the theory of human rights brings into light some peculiarities that generate a comprehensive approach upon social security, overcoming the pure tehniciste rules that were considered when conceptualizing the term; (2) the juridical models that were chosen in order to illustrate the connection between the human rights theory and the concept of social security are different by structure without disavowing some common features. From a methodological point of view, we opted for the deductive method of research (the study is organized from general ideas to peculiar analytical patterns), the hermeneutics method (the documents that were studied were not presented in a expository manner, they were rather approach in an analytical way) and the Cartesian method (our paper has questioned fundamental aspects – from legitimating the theory of human rights as an expository milieu for the concept of social security, up to the difficulty of conceptualizing the term of social security).

Keywords: the theory of human rights; social security; juridical pattern of analysis; the European Convention Of Human Rights; the Chater of Fundamental Rights of the European Union (search for similar items in EconPapers)
Date: 2014
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