Constitutional provisions relating to social security

Legal Subjective:

Existing Constitutional Provisions on the Right to Social Security The existing Constitution's provisions relating to the right to social security include Articles 14, 21, 42, 44, 45 and 49. The contents include: First, the improvement of people's lives. Article 14, paragraph 3, of the Constitution stipulates: "The State shall rationalize accumulation and consumption, taking into account the interests of the State, the collective and the individual, and gradually improve the material and cultural life of the people on the basis of the development of production." This provision will provide a constitutional basis for the State to raise the people's welfare in due course and to enable the people **** enjoy the fruits of social development. Secondly, the welfare of workers will be improved. Article 42, paragraph 2, of the Constitution provides, "The State shall, through various means, create conditions for labor and employment, strengthen labor protection, improve labor conditions, and, on the basis of developing production, raise labor remuneration and welfare benefits." This article provides a constitutional basis and guideline for the State's formulation of a relevant system to safeguard workers' right to social welfare, which falls within the scope of social welfare protection. Thirdly, the development of medical security. Article 21 of the Constitution provides that: "The State shall develop medical and health care, modern medicine and traditional Chinese medicine, and encourage and support rural collective economic organizations, State enterprises and institutions, and street organizations in organizing all kinds of medical and health-care facilities and in carrying out mass health-care activities, in order to protect the health of the people. The State develops sports and carries out mass sports activities to enhance the people's physical fitness." This article is about the medical security system, and provides the constitutional basis for the construction and improvement of the medical security system in China. Medical protection belongs to an important part of the social security system, and governments of all countries place medical protection in a prominent position in social security. Fourthly, the livelihood of retired persons is guaranteed. Article 44 of the Constitution provides that: "The State shall, in accordance with the provisions of the law, implement a retirement system for employees of enterprises and institutions and for the staff of State organs. The livelihood of retirees is guaranteed by the State and society." It is a universally recognized practice that the livelihood of retirees is guaranteed by the State and society, and it is an important element of social security. Fifthly, there is the question of material assistance for citizens in special circumstances and of preferential treatment for military personnel. Article 45 of the Constitution provides that: "Citizens of the People's Republic of China have the right to material assistance from the State and society in old age, sickness or loss of the ability to work. The State develops the social insurance, social relief and medical and health services needed to provide citizens with the means to enjoy these rights. The State and society protect the livelihood of disabled soldiers, provide compassionate care for the families of martyrs and give preferential treatment to the families of soldiers. The State and society help to organize the labor, life and education of blind, deaf, dumb and other citizens with disabilities." This article is about the right to social security in the narrower sense, or typical, and deals with the setting up of a system of social insurance, social assistance and social preferential treatment. Sixth, social security for special groups. Article 49 of the Constitution states: "Marriage, the family, motherhood and childhood are protected by the State. Husbands and wives have the obligation to practise family planning. Parents have the duty to raise and educate their minor children, and adult children have the duty to support their parents. It is prohibited to undermine the freedom of marriage and to abuse the elderly, women and children.