Review of Social Security

Mohsen Davarzani

PhD Student of Provincial University of Baku Mohsendavarzani652@yahoo.com

Abstract

Seventeenths century is the commencement of the experienced and long history of the social security

system. At the beginning of this century, the issues of poverty and inability in affording of the social

security of the people expanded. For this reason, the governments took several measures in support

of the employees who had low income.. According to it, an independent organization called “social

insurance of the employees’ organization” was established. The project of institution of “welfare and

social security ministry” was regulated and enacted in the second half of the year of 2002 by the

congress (Panahi, 2005). Correspondingly, the law of the structure of general system of welfare and

social security, which was one of the most noteworthy authorizations of the sixth congress, was

presented in June of 2004. At this moment, the whole incomes of the government in social field form

70 percentages of the current income of the country. Welfare and social security ministry has

assigned 40 percentages of the current budget of the government to itself.

Key Words: social security, disadvantaged class and underclass, retirement, social welfare

Introduction

Human being has confronted many bereavement and difficulties from the past ages. He was suffering

of the problems such as unemployment, diseases, organ deficiency, and accidents of some of his co

specifics. So, he was in seeking of independent and respectful ways which one of them was “social

security”. In general, three factors generate the necessary backgrounds of the invention of “social

security” in the world. The first one is personal advantage and profit. The second one is philanthropy

and zeal and the third one is the feeling of joint fate or fraternity feeling. In this paper, the main

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problem is whether the process of forming and development of the security is growing? Has social

security of Iran grown with social security of other countries simultaneously? The Meta-analysis

method has been used for responding to this question. In this way, the applied major sources are the

accessible document and books in Farsi and English languages which are associated with the history

of the emergence and evolution of social security in Iran and the world. In this study, the contexts of

the accessible sources have been analyzed. After that, they have been applied according to the chief

inquiry of the essay. Initially, this paper reviews the initial forms of social security in Iran and the

world. Then, forming of the social security organizations have been evaluated in the world and then

in Iran, in the modern way. Finally, the future challenges and adverse barriers of social security in

Iran and the world have been considered.

The Concept of Social Security

Social security has not been defined succinctly or acceptably. It gives the impression that considering

of the issue of social security has been accompanied with two jaundiced eyes. One of them is the

theory of interpretation of social security in the view of the person who is in strain and the other is

interpretation of social security in the view of the opulent ones. In the sight of the opulent ones, the

social security is a collection of the politics, mechanisms and practical programs for sustaining of the

vulnerable and serving to the disadvantaged people (Zahedi Mazandarani, 23:1999). In the

observation of the people who are under the pressure and stress, it may be defined with conception of

unemployment insurance or one of the different kinds of the insurance which has been determined

for the vulnerable strata. In comparative aspect, the legal conception of the word of “social security”

has been considered at least in the federal law of America which was enacted in 1935 by the

congress. In addition, it has a general and common conception in respect of the supportive aim of the

government. In fact, it includes the limit definition of social security which is related to insurance

and insurance of the employees as well as a social supportive system of all the needy and poor ones

(Watson, 1980: 1). Of course, in England, a kind of limited definition has been determined for it. For

example, in the law collections of no 1408 enacted on 1971, the issue of immigrated workers has

been limited to the classic branches of the social security which has insurance security prospect

(Story, 1994: 110-132; Harris, 1999: 15).

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Social security doesn’t include only the related advantages of accessing to labor such as disablement

and unemployment in the European capitulary of “equal behavior in respect of social security”. It

does not include only financial support in unemployment period. However, this attitude to social

security laws is indicative of the initial laws which belong to each person, more than being related to

this inclination.

The pivot of the discussion of the European capitulary of 1979/7 is the principle of equal behavior in

the sight of some jurists (White, 1999:114) and there is no difference between man and woman in

this respect (stipulation 1). Stipulation 4 has described its contents well and knows direct and indirect

discrimination in respect of gender…as contrary to the principle of equal behavior.

Some scientists have emphasized on the issue of “policy making” (Atkinson, 1989: 99). They believe

that the word of “social security” has two sided meanings which include policy making of the

government in social security or a collection of manners and policies. In any aspect, it is the result of

the ideology of the governments and the manner that considers them as one of the aspects of his

macro policy in social security.

There is discrepancy in the issue of the limitation of authority and duties of government in social

security. In general, “in opposing to the theory of limitation of the duties in classic constitutive law,

the socialist intelligent men know necessary the intervention of the government in the execution of

the charges. They think that the most significant duty of the government is providing of welfare

security of the people and the development of the social justice”(Nasiri, 2001: 114). Naturally, the

tendencies of the government to these theories are the determiners of the policies of that government.

The Concept of the Social Security Law

The social security has roots in the private contracts which were signed by the person who had more

financial ability. Later, public contracts which had private law aspect, was signed for collective

security of the workers of the factory by the employer. This was done for protection of the skilled

workers and its aim was maintenance of the private profits of both parties.

Social security was regularized with development of the concept of “right” from instinctive rights to

the rights which arose from freedom. The proportional development of the governments to the

democratic societies and their familiarity or inevitability to the acceptance of social security laws

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were appeared in manifestos and covenant which were accepted by some representatives of the

government for security of political , economical and social laws of the people. In addition, there are

different categorizations of social security legally such as public social security and social security

which are proper to the situation of the people whose appearance is in inner laws of the countries.

Nowadays, in world levels, there are fewer tendencies for pecuniary payment to the people as a part

of social security (Scheinin, 1995: 213). Social security is completed through insurance, social

security or other enduring profits. This development owes some sympathies which has been

regulated in the format of worldwide and aerial documents and is binding and obligatory for the

countries legally or morally.

The Place of Social Security in the Law Science

These days, social security laws depend on the fields of “general law” and undoubtedly, it is one of

the supportive tendencies of the people who must be supported according to the documents of civil

right, employment laws and fugitiveness laws. This field of law is close to the field of private law

field structurally and because of the contract which is signed between the provider organization and

provider of the social security and the people and the groups. Also, it can be a branch of “general

law” because its administrator ship is the duty of the government. Although it is not possible to deny

the close relation of social security law with economical law , political law and other concepts which

are not legal such as sociality and abiding development. In general, one of the essential and

significant legal solving problems for supporting of the workers is supporting of them against the

accidents which arise from work and authorizing of a comprehensive system for social security

(Badini, 2003:48). Whatever the efficiency and systematizing of the governments are indicative of

their authority and their financial ability and their attention to the wishing of the public. For this, in

constitutive law, social security is one of the essential and significant rights of the people and public

duties. Frequently, constitutive law emphasizes this duty. Based on this, doctrine 29 of constitutive

law of Islamic Republic of Iran arranges “ privileging of social security is a public right from the

aspect of retirement , unemployment , oldness, disablement , homelessness, not having any

protector , accidents and necessity to the hygienic and medicinal services and medical caring in the

form of insurance ,etc . The government is to provide the above mentioned financial support and

services from the sources of public incomes and the incomes which arise from the corporation of the

people.”

Social security is related to social welfare. The theory of social welfare is indicative of the part of the

government structure which follows a special policy in collective welfare field (Harris, 1999: 4). It is

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said about the social security and social welfare that social security is not an abstract concept which

is the duty of the government and needs a kind of coordination between government and the people.

From the aspect of the theory of welfare government, protection of the welfare of the people is the

duty of the government and the expectations of the people in this field have been shaped in

subjective law. So, it can be expected that a type of constant and abiding policy making and

enactment of the homo lateral law with the criteria of civil right can be achieved by correct

comprehension of the relation of social security and social welfare. Social welfare laws determine

the political structure of essential roots for realizing of the welfare theory. Authorizing of appropriate

regulations and tendency to the social welfare theory in the pillars of the government is the most

important factor for institutionalization of social security as a kind of right.

Establishment of Social Security

The proto-human being was not in need of social security or collective compacts because he could

garnish his essential needs. On the other hand, the family had special place extensively and many

problems could be solved there. So no one was worry about the situation of his own family because

he was sure that the other would protect and support his children in the case of his death. In fact, this

mutual supporting networking gifted a kind of initial social security to him and his family member

which removed many concerns. In addition, different organizations such as family and religious

organizations such as temples, shrines, churches and mosques took upon themselves supporting of

the bereaved ones, caring of orphans with different methods involuntarily. On the other hand, the

lives of all people was not equal and in the same level because of different situations, circumstances,

natural properties, the manner of the governors and the talents of the people. So, all people did not

have equal income.

17th century is the beginning of the long history of the new system of social security. In the beginning

of this century, the issue of poverty and incapability in providing of economical security expanded.

Because of this, some measures were taken for sustaining of the employees who has low incomes.

The first antitype of this issue can be found in the actions of Henry IV (king of England) in 1604. He

ordered that a quantity of the income of every mine in England be reduced and assigned for buying

of the medicine and curing of the employees in the same mines.

From the late of 19th century and beginning of 20th century forth ward, some laws and rules were

regulated for civilizing of the welfare of the employees. In 1881 and concurrent with the emperorship

of Wilhelm I and the chancellorship of Bismarck in Germany, for the first time, the law of social

security was approved. German government approved different kinds of insurances of disease, the

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accident of the work, disablement and agedness. So, the first system of social insurances was

approved in Germany and widened in the other European industrial countries. After 1898, the

enacted laws of the Europe widened and developed the extent of indemnification whose reason is

work to different groups of mercenary ones. For example , we can point to the accident law which is

the consequence of mechanized agriculture (in 1899) , the insurance of the employees of the

commercial organizations which deals with engine under the law of 1906 and the insurance of the

caretakers of the houses against the accident whose reason is the work in 1914. In this situation, the

Second World War was significant in the history of the social security which was accompanied with

development of the disease. After World War II and especially in the years after the economical

crisis of America and Europe (from 1929 to 1933), the new age of social security began.

The term of social security which is a mixture of economical security and social insurance was

applied for the first time in the essay of 1935 of federal government of America. Then , in 1948 , in

stipulation of 22 , the worldwide manifesto of civil right enacted in public assembly of united nation

organization , this sentence was included “all people have the right of privileging of social security

as the members of the society”. In addition, for the consistency of the international aspect of social

security affairs, unite nation organizations, international labor organization (ILO) and international

amalgamation of social security (ISSA) accepted some duties and actions in this case and was

obliged to administrator ship and execution of it ( Rahmani, 2007).

Although social security is the result and the consequence of industrial revolution in Europe, we can

fined some signs of the existence of social policies of the governments before the advent of industrial

revolution in Europe by studying of the history. For example , we can refer to the social

dissatisfactions of 4th century (B.C) and the issue of the poverty and economical insecurity of a lot of

people of the England in the time of the reign of Henry IV in the beginning of 17 th century and

approval of the poverty law in 1601 (Taleb, 1992).

Laboring syndicates and international organizations such as international labor organization (ILO)

and international amalgamation of social security (ISSA), maintained the profits of the procreative

peoples in national and worldwide level. The activities of social security in Europe can be studied in

three periods.

1. First period -of 1839 to 1880-which focused on the particular awareness of the governments

to the authorizing of safety law and protection of the labor

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2. The second period -from 1883 to 1919- during which complete support of the material and

financial right of the laborers, especially establishment of the system of social insurances

were done

3. The third period –from 1919 forward which resulted in the authorizing of the labor and

employment rules and the rules which are related to adjustment of the relation of the

employees and employers and the coverings such as the dangers which are the result of

disease and the accidents which are result of the labor , disablement , agedness and

unemployment.

In this situation, social security appeared after the World War II and economical crisis in the

industrial countries in the modern shape. For example, we can point to the new project or new deal

which was brought by the president of the American called Franklin Roosevelt (Panahi, 2005).

The Appearance of Social Security

In 1993, 85 clayey tablets were discovered during the excavation of Persepolis. According to this

tablet, the Iranian employees had been salaried and there were a determined recording system for

their payment. The amount of their salaries depended on their skills and equal people had equal

salaries in equal labors. The labors that had the minimal amount of the salaries were given wage and

compensation for indemnity of the shortage of their life. The women employees were dispended of

work for 5 months and received a part of their own salaries. All family members of the employees of

the government benefited of the privilege of governmental services such as subsidizing and some

equipment and accessories of life. Providing of the food, clothing, and housing of the employees

were the duty of the employers during the employment. The workers were cured in the time of

disease and accidents and bodily damage. The significant point of this tablet is the presence of the

employees who were not local or even Iranian. In fact, they came from the province of Egypt, Syria

and Greece. These people had come from the colonies of Achaemenian of Iran and received their

salaries in the time of the abandonment of the work. The salaries of these workers were equal to the

other workers. One of the most significant appearances of the social security in late 25 th century is

paying and advance (subsidy) to the workers which had been pointed in the tablet no 21 to it. It can

be claimed that this tablet is indicative of the attention of the government to the lives of the people

even the wage workers who were paid at the end of his work every day. This has been unprecedented

and has remained unique for centuries after that (Mostofi, 1998). The other significant point of this

tablet is that men and women worked in one place in many cases. And their salaries had been equal

and the amount of their salaries was depended on their skill and not their gender. Also, the women

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employee who had sucking baby, entrusted these babies to a kind of place for nursing them during

work and the suckler women were given extra ration. Cyrus says “I will not allow any one to force

some one to work hard without receiving of any salaries … and do every work which he wants and

consume his property in any way that he wants provided that he doesn’t damage the right of other

peoples” (Taleb, 2002).

With scrutiny of the history of Iran, we can find some signs of social security policies in the past

ages and centuries. However, formation of the system of social security and its significant

development can be related to the age after the industrial revolution which has been accompanied

with critical changes in the view of the society to the employee. At this time, the society accepts that

the poor and vulnerable people of the society are the victim of the economical and social system and

must be supported by the society. The mentioned revolutions, firstly, transmitted to England and

France and then to the other countries such as Germany and united nation. The history of social

security in Iran returns to the approbation of the first country law in 1301(1922 natal) and during

which a system was created for retirement. In this law , we can see three social security principles

such as maintaining of “ special right and security” for the one who lost their ability of working after

working,“ especial allowance” for the people who had become disabled for an accident , and

“support of the employers” of the family members of the employees who die. In first action, the

project of establishment of “caution fund of the laborers of the railway” was approved in 1930. In

this authorization, government anticipated some facilities for the deceased or damaged employees

during the building of the railway. In 1936, “the bylaw of industrial factories and institutions” were

approved by government for the employee of industrial part (Shah Amiri and Bazyar, 1970).

In 1325, the labor law was approved by the government. According to this law, the employees must

establish two funds including hygiene fund (for helping the employees in the diseases which are not

related to the work) and corporation fund (for helping in marriage, unemployment, disablement,

retirement, pregnancy matters and etc) in each workshop. Also, they were obliged to observing of the

insurance law of the laborers (Shah Amiri and Bazyar, 1970).

In 1328, labor administration was established formally. According to the stipulation 16 of labor law

enacted on 6th June 1949, it was regulated that a found be founded regarding to the letter of

“corporation and insurance laborers fund” for curing and recompensing of the laborers.

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Consequently, in the late of 1953 and in the administrator ship of Dr. Mohammad Mosaddegh, “legal

essay of social insurances of the laborers” was approved for the first time and an independent

organization called “social insurances of the laborers organization” was established. This

organization was undertaken to execute the appointed helps of the essay about the employees who

were insured. In consequence of the mentioned revolutions, according to the essay which was

enacted in April of 1963 by the government, the name of social insurances of the laborers

organization was change into “social insurance organization” to be able to continue his activities

under the administrator ship of labor and social affairs ministry (Shah Amiri & Bazyar, 1970).

“Social insurances of the countrymen” was enacted in 1995and was integrated in social security

organization in 1966. In 1972, “medicament services security organization” was established.

(Bazyar, 1991)

Establishment of social welfare ministry was another revolution which happened in 1974. This

ministry covered nearly all affairs of curing insurance and the welfare of the strata of the people of

the society. During this situation, enactment of “social security law” in July of 1975 and

establishment of “social security organization” can be the beginning of a new revolution in the

system of social security system. In 1976, the name of social security organization changed into

“social security fund” and its medicament duties and facilities were assigned to the sickbay and

welfare organization. However this shifting was not constant and social security organization was

resuscitated once more with approval of an essay in revolution council in 1979 (Bazyar, 1991).

With incidence of Islamic revolution and the changing of constitutive law, the issue of “social

security” penetrated into constitutive law of Islamic republic of Iran. In the doctrine of 29 , it has

been stated “privileging of social security for retirement , unemployment , disablement , not having

any protector , accidents and need to hygienic and curing caring in insurance and non insurance form

is a public right and the government must provide the above services and supports for each of

people”.

However, no specific changes were occurred in social security field till the late years of the imposed

war and the only exception is approval of the unemployment insurance law in 1987. With the

beginning of development programs, social security was put in agendum of the programmers. In this

way, in the first cultural, economical and social program development (1989 to 1993), two view of

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insurance, related to the incorporation of the people and supportive view, was paid attention. In

1997, law of retirement prior to the due time was enacted which overlaid a heavy financial pressure

to the social security fund with abating of the age and the necessary work history. In 1989, with law

enactment, rendering of medicament dues and administer ship of the affairs of medicament centers of

social security was seceded from hygiene ministry and was assigned to social security organization

(Bazyar, 1991).

In the second program (1994 to 1999), there was a more comprehensive look to the issue of social

security. In this program, in the frame of two supportive system, one which is based on insurance and

employment (for the people who have the ability of acquiring of sufficient income and corporation in

social security) and the other is the system of non – insurance social support (for the people with low

income or are needy) it was assigned to furnishing of the system of social security. After that, some

evolutions were acquired in insurance system of medicament services of the country which had

important effect on social security organization. In this way, in 1997, homemade carpet knitters

(weavers) who had not have any employer in 1997 and the drivers of transforming of goods and

between towns passengers in 2000 were covered by this organization (Panahi, 2005).

In the first half of 2000 the draft of the inclusive system of welfare and social security was presented

to the president after approbation of hygienic ministry, Red Crescent Organization, welfare

organization and medicament services insurance with signature of the hygiene minister. This draft

was assessed more in the 5th season of the third program of development (2000-2004) in the heading

of “social security system and subsidy” with more detail and reflection. According to stipulation 40

of third program of development, the government was charged to authorize proper structural

structure of social security with general guidelines of removal of permeation of the duties of the

existing systems and branches, providing complete security coverage for the whole population and

enhancement of efficiency and effectiveness of the servicers and present it to the Islamic council

congress. After presentation of two projects of “supreme council of welfare and social security” and

“international organization of welfare and social security”, the plane of establishment of “welfare

and social security administration” was regulated in hygiene and medicament commission of the

congress and lastly, it was enacted by the congress in the second half of 2002. Concurrently, the law

of the structure of comprehensive system of welfare and social security which was one of the most

important enactments of the congress was presented in June of 2004

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In general, providing of a comprehensive welfare system and social security had important place in

the politics of the government, annual budget and yearly plans and programs. According to the report

of the research centre of Iran’s economics monthly periodical, all incomes of the government in

social field form the 70 percentages of the routine income of the country. Welfare and social security

ministry has assigned 40 percentages of the at hand budget of the government. The 8th chapter

(stipulation of 97 to 102 and stipulation of 103) of the 4th program law (2008 to 2004) with the title

of “improving of human security and social justice” has considered different issues of welfare and

social security such as insurance , supportive and rehabilitation affairs , decreasing of poverty and

bereavement , making the poor ones powerful , collecting of people`s assistance, broadening of

insurance coverage , payback of the debt of the government to the insurance organization and other

cases.

Now, with all of these cases, welfare and social security ministry, which outlives the third years of its

activities, has not been able to develop significantly and does immense things in making the system

of presenting of welfare services and social security efficient and complete coverage of the

population because of the made challenges such as the projects which are related to the integration or

decomposition of this ministry. Because of this, many concerns, in social insurance field, worry the

energetic and effective ones, experts and the strata that are under the protection of this field. It is in

the case that the population of 27 million people who are under the coverage of the most pivotal

organization of generator of social insurance services means social security organization is looking

forward of companion , assistance, extensive support of the government and congress for improving

of the services and their efficiency.

Conclusion:

Social security is the most vital organization in the field of social insurances with the widest quantity

of the duties and supportive services and the most levels of communication with the body of

population of the country. Social security organization had a social and economical individuality

with dependence on a general and non-governmental structure. His ideals are access to a well-

organized, constant, honest and respondent knowledge–based organization which goes forward

through the improving of the quality of the life, the improving of the level of living and the health of

the insurers and their families for improving of human magnanimous and helping to the realization

of social justice.

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The approach of the organization in realization of his aim is based on improving of the corporations

with social companions and three direction corporations of the insurer, the employers and the

government. The financial source of this organization is supported from the place of the received

insurance rights and without independency to the governmental sources. So, the assets and its capital

belong to the strata which are under the coverage of the consequent generations and can not be

mingled with any of the governmental organizations and institutions. The services and the supports

of social security organization are based on two major parts of insurance and medicament and with

support of economical activities. Insurance networking of social security presents more than 18 long-

term and short-term services and supports to the insurer such as the employees and retirements

through the insurance branch throughout the country. In medicament field, social security

organization is the most significant and the first seller of medicament. Also, it is the second producer

of medicament in the country with using of private medicament unit such as hospital and clinic and

maintaining of the employment field of the human. The economical activities of the social security

organization are realized as the guarantee of constancy and capability of the organization in his dues

and duties for improving of the value of the insurance funds through the covered factories which are

active in the form of procreative and survive holdings.

The following explained guidelines are very important and critical criteria for social security

organization on the reliance on Meta proportion guidelines and through execution of the missions of

welfare and social security ministry.

Development of human capital, correction and improvement of the service system for the

addressees

Review and correction of the statistics and information system, financial budget and

improving of administrator ship of the sources and the consummation in insurance part,

improvement of ability and effectiveness of medicament services

Increasing of the share of sources in the whole sources of the organization and correction of

social and cultural ambulating of the organization

Although there are significant activities of the social security organization, there are some challenges

which will be mentioned in the following way:

1. Anticipating of the consummation to the sources and reaching to the crisis point of

organization

2. Non performance of the duties by the government

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3. Before the due retirement without providing of the approved sources of the congress and the

government

4. The low percentages of employment and high percentages of unemployment

5. Non announcement of the real income of the insurer by the employers

6. Non acceptance and legitimacy of the organization in respect of in acquaintance of its

addressees( cultural weakness)

7. Increasing of the share of the sources which are the result of the funds of the whole resources

of the organization through the correction of the administrator ship system of the capital

8. Correction of cultural and social ambulating of the organization with emphasis on the

informative activities in two levels ( the insurer , pensioner ,etc) and governmental

The effect of the economical crisis in social security organization in international area (world)

1. Reducing of the amount of the salaries of the retired ones

2. Reducing of the amount of the support of medicament services insurance

3. Increasing of the age of employment ( such as from 55 to 65)

4. Reducing of the quantity of social welfare by social security organization (unemployment

insurance)

5. Expulsion of the insured employees from the under- support organizations such as expulsion

of a large amount of teachers in America or the employees and the laborers of the factory of

production of Citroen Peugeot in France because of reducing of the income of the

governments and facing with economical crisis

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