«VULNERABLE POPULATION GROUPS» AS AN EVALUATIVE CATEGORY OF SOCIAL SECURITY LAW

Author (s): Panchenko A.O.

Work place:

Panchenko A.O.,

PhD in Law, Associate Professor, Associate Professor

of the Department of Labour Law and Social Security Law

National University “Odesa Law Academy”,

Odesa, Ukraine

ORCID: 0000-0001-6230-4171

 

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2024 No 1 (21): 105-114

https://doi.org/10.32755/sjlaw.2024.01.105

Summary

The article examines the phenomenon of evaluative categories in jurisprudence, reveals their concept and features. It is concluded that the term “evaluative concepts” is given a different meaning by scientists representing various branches of law.

The author comes to the conclusion that “vulnerability” as a characteristic of the category of the population receiving individual types of social protection is of an evaluative nature. Through the prism of various social relations, it can be considered as a situation in which the risk of discrimination or violations of human rights increases, the probability of being “excluded” from society, as a result of which the social or material situation of a person may suffer, a threat to life or health and other negative consequences may arise. It is proven that it is most expedient to associate vulnerability with the possibility of encountering a certain social risk, and therefore – to claim social protection.

The term “vulnerable stratum of the population” is used in international legal acts and in national legislation. At the international level, the traditional contractual approach to assessing persons as vulnerable prevails, states are given the opportunity to independently decide which means of protection such social groups will be supported with reference to the standards established in international legal acts. “Vulnerability” as a status can be directly enshrined in an international treaty or be presented abstractly.

The definition of “vulnerable population groups” has relatively recently found expression at the level of national legislation and is revealed due to a number of factors, the influence of which can determine the state of vulnerability. It is proved that the circle of those factors fixed in Art. 1 of the Law of Ukraine “On Social Services” is limited and therefore needs to be expanded. This is explained by the existence of certain social risks, which were already established at the level of separate special legislative acts earlier, but were not reflected in the above-mentioned article (for example, homelessness, internal displacement, drug addiction, presence of HIV/AIDS, etc.). Moreover, it is necessary to take into account the dynamism of social risks in general, which may mean the appearance in the future of new ones not foreseen today, and therefore this fact should also be taken into account when forming the text of the article.

Keywords: vulnerable population groups, risk groups, social security, social protection, evaluative categories, low-income families, people living with HIV/AIDS, social risks, factors that can lead to difficult life circumstances.

References

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