Specificity of international social standards as a component of the international legal mechanism for the implementation of the social function of the state

Abstract

The article is devoted to a comprehensive analysis of the specifics of international social standards as a key component of the international legal mechanism for the implementation of the social function of the state. It is emphasized that the international legal mechanism is significantly different from the national one in its nature, content and methods of action, not having its own executive apparatus, but indirectly influencing domestic social policy through a system of international treaties, conventions and recommendations. It is substantiated that international social standards are gaining an increasingly important role in the context of globalization, acting as a factor in the development of national social legislation and guaranteeing human rights.

Particular attention is paid to the lack of a single terminological base in the field of international social standards, which complicates their implementation in national social legislation. It is substantiated that fundamental international acts, such as the International Covenant on Economic, Social and Cultural Rights, laid the foundations of the social function of the state, many provisions of which have already been integrated.

It was found that a number of international standards have lost their relevance or require adaptation to modern realities due to the outdated approaches or incomplete compliance with the national social security model.

Attention was also paid to the analysis of European social standards - the European Social Charter (revised), the European Convention on Social and Medical Assistance and the European Code of Social Security. It was found that the European model of social standards significantly influences the understanding and practice of implementing the social function of the state in Ukraine, although not all acts have already been ratified.

It was concluded that international social standards are a fundamental part of the international legal mechanism for implementing the social function of the state.