Constitutional Guarantees Of Rights Of Vulnerable Groups Theory

Vulnerable groups was originally a concept of sociology.As the object of study Social vulnerable groups was firstly appeared at the end of the 19th century of America.In the 1950s,As the famous British sociologist and social policy expertsad,Marshall discussed full citizenship and argued that citizenship by the citizens of civil rights,political rights and social rights, while the social rights manifested mainly in the education system and social welfare,all citizens with fully qualified citizens have access to social services and social welfare rights.In Europe and the United States,and many scholars defined the concept of vulnerable groups mainly from the angle of the loss of the ability to work and the lack of ability to live independently.In China,scholars define the concept of vulnerable groups from sociology and political science and economics and other different perspectives,there is an important reference from the legal point of view the scientific definition of vulnerable groups with the connotation and extension.The author believes that the concept including there angles.First,the Chinese "weak" and "vulnerable" based on the meaning,Second,it is necessary to close with the law,and strive to resolve the legal channels;Third, we must have sociological perspective,the disadvantaged groups are all vulnerable groups in society,they can not be divorced from its social background.In this sense,the disadvantaged groups mean in a relatively disadvantaged position including economic income,social status,safeguarding rights and interests,competitiveness,they require our attention and legal protection.They include physiological vulnerable groups,regional vulnerable groups,occupational vulnerable groups,etc.In addition to the conditions of minorities in education,economic development and other various conditions, they are in a relatively weak position.It should be pointed out,the disadvantaged groups have a comparative nature,complexity and variability characteristics. There are many facts of the formation of vulnerable groups including social transformation and other social systems and geographical factors and cultural factors and physiological factors.The reason why the Constitution is concerned about vulnerable groups include three finds.Firstly,the issue of disadvantaged groups are becoming increasingly serious violation of the constitutional principle of social justice;secondly,vulnerable groups does not conform to the provisions of our Constitution and the fundamental purpose of social development;thirdly,If the problem can not be effectively addressed,it is bound to impact on China's political stability and social development.Since the important function of the Constitution,and the value of constitutional right to equality and the opening up of constitutional right,the Constitution can provide the ultimate protection for the rights of vulnerable groups.The core content of the constitutional guarantee of vulnerable groups are basic civil rights.The Constitution guarantee of the rights of vulnerable groups need important ideas.The constitutional concept of equal rights and safety of the community as a whole constitute a constitutional guarantees of the rights of vulnerable groups support the two concepts.The rights of vulnerable groups form the Constitution is very complex, and it involves many aspects.Considering the concepts of constitution, relatively speaking,the elderly and minors,the disabled and women are due to a physiological reason for the relatively weak position of the groups.And compared with the Han,ethnic minorities is in a relatively disadvantaged position.In addition,the unemployed population,migrant workers groups, specific diseases,as well as ecologically fragile areas of the population affected by natural disasters,such as the victims belong to vulnerable groups.From the point of view of the specific rights in the general sense,the rights of all citizens and the protection of vulnerable groups are related.But because of different characteristics of the rights of vulnerable groups as well as to protect the basic principles and specific requirements,there are a number of civil rights more closely related to protect vulnerable groups.And that rights are mainly the economic and social rights,economic and social rights are basically positive right to require countries to actively carry out the obligations,which is the realization of their right to freedom and compared to the country's dependence on greater extent,often dependent on a country's political system,and the degree of civilization,the capacity of the Government as well as financial,and so on.Right to life should be the primary protection of vulnerable groups.It refers to people's access to adequate food,clothing, housing so as to maintain the dignity of the right to an adequate standard of living,includs the right to food,clothing,housing and other details.The right to survive in the world was firstly guaranteed by the 1919 "Weimar Constitution," Since then,many countries have in its Constitution provide for the right to survive.Therefore,the right to life for the protection of the rights of vulnerable groups has been the significance of it is an indisputable fact. However,in order to concentrate on a number of difficulties of China's protection of the rights of vulnerable groups and improve the level of protection of their rights,in particular the author focuses the rights clearly defined on the Constitution such as the right to education,the right to work, the right to material assistance to safeguard the rights of vulnerable groups of the importance and necessity.In a modern society,citizens without a certain degree of education would directly affect the viability.And the cost of education in modern society is more expensive,educational resources and educational opportunities is not equal,in which the actual circumstances,the community educational opportunities for disadvantaged groups is very uncertain.So that the right to education for vulnerable groups in society is very important,even the first one. Labor and the right of citizens to work closely related to the basic objective is to maintain survival,the right to work and social protection of vulnerable groups are directly related.Material assistance in China's existing Article 45 of the Constitution is clearly defined by the rights of a citizen,it means that its citizens,such as the loss of the ability to work,could get material assistance from the country and the society,so that the rights and social protection of vulnerable groups have natural ties. In the social sciences in what the mechanism is that the overall social structure,function and internal and external that is the relationship between the laws.In this sense,we explore the establishment of the guarantee mechanism of the rights of vulnerable groups by Constitution.The function of guarantee mechanisms of the rights of vulnerable groups by Constitution is organized,step-by-step,and efficiency of the organization's limited social resources,building a social safety net,and in the present is to solve the problem of the survival of vulnerable groups,and maintain a balanced development of the whole society and political stability.As mentioned earlier, civil rights groups is the fundamental way and ultimate pursuitv of legal protection.So the right protection is the current problems of vulnerable groups of society.But society itself is a big system,it is to establish a reasonable and rich mechanism from the perspective of society as a whole system.It should be said that the content protection mechanism is more specific,but the content of the constitution closely related to the civil rights of these mechanisms and the content protection mechanism indirectly related the Constitution. Therefore,these also belong to organic components of guarantee mechanism for guaranteeing the rights of vulnerable groups by Constitution.Specifically, it includes full education mechanisms and employment promotion mechanisms,as well as mechanisms for sustainable development.