Category: Social Rights

  • Can Social Rights Coexist with Natural Obligation?

    Social rights and personal responsibility are not opposites. The harder question is how far welfare conditions may go.

    Imagine two people receiving the same public support.

    One cannot work because of a severe illness.

    The other is healthy, has access to suitable work, and could reasonably support more of their own needs.

    Should a social-rights system treat their responsibilities as identical?

    Probably not.

    But that answer creates another problem.

    If public support may sometimes come with conditions, how far may those conditions go?

    Can a government require a person to look for work?

    Attend training?

    Accept rehabilitation?

    Complete administrative steps?

    And what happens when the condition itself becomes unreasonable?

    These questions bring together two ideas developed earlier in this project: social rights and Natural Obligation.

    Natural Obligation is a concept from The World Citizen Revolution and was discussed in an earlier essay in this series, “What Does Natural Obligation Mean—and What Does It Not Mean?”

    It is not a formal term in The World Citizen Society. The social-rights architecture of that book stands without it.

    The question here is narrower:

    If social rights already exist, what may institutions reasonably ask in return from people who genuinely have the capacity and opportunity to act?

    Natural Obligation Does Not Create Social Rights

    This boundary has to come first.

    Social rights do not arise because people first prove that they deserve them.

    Nor do they disappear whenever someone cannot contribute.

    In The World Citizen Revolution, Natural Obligation is used in a narrow sense: the obligation, within reasonable limits, to sustain one’s own life where that is realistically possible.

    The same book also makes clear that inability to contribute does not eliminate a social claim. Children, people with severe disabilities, people in acute crisis, and others may require support even when self-sustenance is impossible.

    So the principle is not:

    rights only after responsibility.

    It is closer to this:

    rights protect people against risks they cannot reasonably bear alone; responsibility matters where meaningful action is genuinely possible.

    That distinction becomes especially important when welfare benefits come with conditions.

    What Can Welfare Fairly Require?

    Some social programs already ask something from recipients.

    A person receiving unemployment support may be expected to look for work.

    Someone may be required to attend an appointment.

    A rehabilitation program may require participation.

    An employment service may ask a recipient to accept suitable training.

    None of these expectations is automatically illegitimate.

    If a person is genuinely capable of acting, and a realistic opportunity exists, some form of participation may be reasonable.

    But the existence of a legitimate objective does not settle the question.

    We still need to ask:

    Is the condition relevant?

    Can the person realistically comply?

    Is the burden proportionate?

    Is there a less restrictive way to achieve the same purpose?

    What happens if the person cannot comply?

    And what protection remains if the condition is breached?

    These questions matter because conditionality can support agency.

    It can also become coercive.

    Germany: Responsibility Does Not Remove Proportionality

    A useful example comes from Germany.

    In 2019, the Federal Constitutional Court reviewed sanctions imposed on recipients of Arbeitslosengeld II, the basic income-support system then in force for people capable of work.

    The Court accepted an important principle.

    The legislature may require people who are fit to work and receiving basic welfare benefits to cooperate reasonably in overcoming their own need.

    It may also attach sanctions to unjustified refusals.

    But that power is not unlimited.

    Because the benefits secure an existential minimum connected to human dignity, strict proportionality requirements apply.

    At the time, German law allowed benefit reductions of 30 percent for a first breach, 60 percent for a repeated breach, and eventually complete suspension.

    The Court did not reject the 30 percent reduction as unconstitutional in itself.

    But it held reductions above 30 percent, and complete suspension under the challenged scheme, unconstitutional on the evidence then available.

    It also rejected a system in which sanctions had to continue rigidly for three months even after the recipient resumed cooperation, and one that could not adequately respond to extreme hardship.

    The lesson is simple:

    Responsibility may justify conditions. It does not eliminate proportionality.

    Conditionality Is Also an Obligation on the Institution

    This is where welfare conditionality becomes more than a question about recipients.

    Suppose the state requires someone to accept suitable work.

    Then the meaning of “suitable” matters.

    Suppose it requires attendance at training.

    Then the training should have a plausible purpose.

    Suppose it requires job search.

    Then realistic employment opportunities should exist.

    Suppose noncompliance leads to a serious loss of benefits.

    Then the institution must be able to justify the severity of that consequence.

    The burden therefore runs in both directions.

    The recipient may have a responsibility to cooperate.

    The institution has a responsibility to design conditions that are relevant, proportionate, reviewable, and responsive to actual circumstances.

    That is why conditionality cannot be assessed only by asking:

    Did the person obey?

    We also have to ask:

    Was the condition itself justified?

    Institutions Cannot Block the Opportunity and Then Demand Responsibility

    There is an even more basic problem.

    Sometimes institutions demand self-sufficiency while simultaneously making self-sufficiency difficult.

    An earlier essay, “When Mobility Creates Fiscal Risk,” discussed U.S. asylum rules under which a pending asylum applicant generally must wait 150 days before applying for employment authorization and ordinarily cannot receive authorization before 180 days have elapsed.

    The point here is not to judge U.S. asylum policy as a whole.

    It is to show the institutional contradiction that can arise.

    If public rules prevent a person from working legally for a period of time, the same institutions cannot simply treat that person’s lack of earnings as proof of unwillingness to support themselves.

    A society that expects people to act responsibly must leave them realistic lawful avenues through which responsible action can occur.

    Responsibility requires opportunity.

    That obligation applies to institutions as well as individuals.

    Social Insurance Shows Why Reciprocity Is Not Immediate Exchange

    A second distinctive problem concerns reciprocity.

    Welfare politics often uses language such as:

    Who paid in?

    Who took out?

    Who contributed?

    Who received?

    But social insurance does not normally operate as an immediate exchange.

    A person may pay contributions for decades and receive little during that period.

    Later, the same person may become sick, unemployed, disabled, or retired and receive much more.

    A healthy worker helps finance people who are ill today.

    Future workers may help finance that worker’s pension decades later.

    A higher-income worker may contribute more than their individual actuarial risk would require.

    A lower-income worker may contribute less.

    Reciprocity therefore occurs across both time and people.

    Natural Obligation cannot mean that everyone must receive exactly what they personally paid for.

    Nor can it mean that anyone currently receiving more than they contribute has failed in responsibility.

    That would misunderstand the institution itself.

    Social insurance deliberately separates individual contribution from individual payout in order to pool risk.

    Contribution Is Broader Than Wages or Taxes

    Responsibility is also wider than paid employment.

    Care work matters.

    Raising children matters.

    Caring for an elderly or disabled family member matters.

    Education and training may prepare someone to contribute later.

    Someone recovering from illness may already be doing what can reasonably be expected by completing treatment and rebuilding capacity.

    This was discussed more fully in the earlier Natural Obligation essay.

    For present purposes, the point is narrower.

    Welfare conditionality should not assume that:

    paid employment = contribution

    and

    absence of paid employment = absence of responsibility.

    The relationship is more complicated.

    When Does a Condition Become Coercive?

    Consider four conditions.

    A person capable of work is asked to attend a realistic job interview.

    A caregiver is told to take a job whose hours make essential care impossible.

    A disabled recipient is required to travel to a service they cannot physically access.

    A person loses a large part of subsistence support because of a minor procedural failure.

    All four are called “conditions.”

    But they are not institutionally equivalent.

    The relevant test should include at least:

    • whether the person has the capacity to comply;
    • whether a realistic opportunity exists;
    • whether the condition is connected to the purpose of the program;
    • whether the sanction is proportionate;
    • whether hardship can be considered;
    • whether compliance can restore the benefit;
    • whether review or appeal is available;
    • whether a minimum level of protection remains.

    The German Constitutional Court case is useful precisely because it did not decide between unconditional welfare and unlimited sanctions.

    It asked whether the conditions and sanctions remained proportionate to the objective.

    That is the more useful approach.

    Natural Obligation Is Not a Desert Test

    Conditionality can easily slide into a different kind of politics.

    Who deserves help?

    Who has tried hard enough?

    Who has failed?

    Natural Obligation should not become a general theory of deserving and undeserving people.

    The concept asks about a particular relationship between capacity, opportunity, action, and burden.

    It does not convert every failure into moral fault.

    A person can make a bad decision and still retain basic rights.

    A person can fail to satisfy one condition without becoming undeserving of every form of protection.

    And a state can design a bad condition.

    That is why the central question is not:

    Is this person a good recipient?

    It is:

    Was there a realistic and proportionate opportunity to act, and was the institutional response justified?

    Social Rights and Responsibility Run in Both Directions

    We can now state the relationship more precisely.

    Individuals may sometimes reasonably be expected to:

    • use available capacities;
    • cooperate with justified programs;
    • accept reasonable opportunities;
    • contribute to shared institutions;
    • avoid shifting unnecessary burdens onto others.

    Institutions, in turn, must:

    • leave realistic avenues for responsible action;
    • recognize unequal capacity;
    • avoid arbitrary or pointless conditions;
    • justify sanctions;
    • preserve proportionality;
    • allow review;
    • protect people who genuinely cannot act.

    This is not a perfectly symmetrical relationship.

    The state possesses coercive authority that an individual does not.

    Its conditions therefore require special justification.

    But responsibility is still not one-sided.

    Conclusion

    Can social rights coexist with Natural Obligation?

    Yes.

    The harder issue is not whether rights and responsibility can coexist.

    It is how responsibility should be translated into institutional conditions.

    A system may ask something from people who genuinely can act.

    But the condition must be connected to a real opportunity.

    The burden must be proportionate.

    Hardship must matter.

    The path back to compliance must remain open.

    And the institution must not obstruct the very action it demands.

    Natural Obligation therefore does not turn welfare into a reward for deserving behavior.

    Nor does social protection require treating people as passive recipients without agency.

    The relationship is more demanding in both directions.

    Rights protect people when they cannot carry a burden alone. Natural Obligation asks what they may reasonably carry when they can.


    Notes

    Natural Obligation is a concept used in The World Citizen Revolution. In that book it is defined narrowly around responsibility for sustaining one’s own life, while expressly recognizing that children, people with severe disabilities, people in acute crisis, and others may require social support. The book also states that inability to contribute does not eliminate a social claim and that Natural Obligation does not make compulsory public systems automatically illegitimate.

    The earlier essay “What Does Natural Obligation Mean—and What Does It Not Mean?” provides the fuller conceptual treatment. This article does not redefine the concept; it applies it specifically to social-rights conditionality.

    Natural Obligation is not a formal term in the published edition of The World Citizen Society. That book’s social-rights architecture stands independently of it.

    In its judgment of 5 November 2019, 1 BvL 7/16, the German Federal Constitutional Court held that reasonable cooperation obligations may be imposed on employable recipients of basic welfare benefits, but sanctions affecting the existential minimum are subject to strict proportionality. Under the statutory scheme then before the Court, reductions exceeding 30 percent, complete suspension, rigid three-month sanctions, and failure to account adequately for extreme hardship were constitutionally defective.

    Under ordinary U.S. asylum employment-authorization rules, a pending asylum applicant generally may apply for employment authorization after 150 days, while authorization ordinarily cannot be granted before 180 days, excluding certain applicant-caused delays. The example is used here only to illustrate the principle that institutions should not block lawful economic participation and then treat the resulting lack of income as evidence of personal irresponsibility.


    Further Reading

    For the full concept, see “What Does Natural Obligation Mean—and What Does It Not Mean?”

    For welfare design under political mobility, see “Can Welfare Survive Political Mobility?”

    For institutional barriers that can delay economic participation, see “When Mobility Creates Fiscal Risk.”

    For unequal practical capacity to exercise formal freedom, see “Equal Rights, Unequal Ability to Move.”

    For the institutional treatment of welfare and portability, see Toshiyuki Nishimura, The World Citizen Society: Political Freedom, Democratic Choice, and the Institutions of a New Society, Chapter 15, “Welfare, Pensions, and Portability.”

  • Can Welfare Survive Political Mobility?

    Political mobility does not make welfare impossible. It changes the scale at which welfare must be designed.

    Imagine two neighboring political communities.

    One provides generous healthcare, unemployment protection, disability support, pensions, and assistance for people who cannot support themselves.

    The other provides much less.

    Now make movement between them easier.

    A familiar fear appears immediately.

    What if people who need benefits move into the more generous community?

    What if high-income taxpayers move out?

    Would political mobility gradually destroy the welfare state?

    The question is serious.

    But it is often asked too simply.

    The harder question is:

    Which social obligations should follow the person, which should remain with the community where they were earned, and which should become the responsibility of the community where the person now lives?

    That is not a choice between welfare and freedom of movement.

    It is a problem of institutional design.

    Not Every Social Right Has the Same Logic

    “Welfare” is too broad a category.

    A pension earned through twenty years of contributions is different from emergency shelter.

    Unemployment insurance is different from a residence-based minimum income.

    Healthcare is different from a family allowance.

    Disability support is different from an old-age pension.

    Each may depend differently on past contributions, current residence, immediate need, employment, family status, or long-term membership.

    So the question “Should welfare be portable?” has no single answer.

    Some rights are closely connected to what a person has already earned.

    Others arise because a person currently lives within a community and needs protection there.

    Still others combine both principles.

    The architecture has to be differentiated.

    What Has Already Been Earned Should Not Simply Disappear

    Consider a worker who contributes to a pension system for twenty years and then moves elsewhere.

    If moving causes those twenty years to vanish, the formal freedom to move becomes expensive.

    This is why portability matters.

    But portability does not mean that the destination must assume every liability created elsewhere.

    The system in which the pension was earned may remain responsible for it.

    The destination may provide current services.

    The two systems may coordinate.

    Protecting a right across movement does not require transferring every cost to the destination.

    Portability can sometimes reduce fiscal risk. If historical pension liabilities remain with the system in which they accrued, a destination does not automatically inherit decades of past obligations.

    Portability Is Not Equal Treatment

    Suppose someone worked for twenty years in Community A and then moves permanently to Community B.

    A pension earned in A may remain the responsibility of A.

    But access to schools, healthcare, or residence-based assistance in B raises another question.

    That is equal treatment.

    Portability is not equal treatment.

    Portability asks what happens to rights built before the move.

    Equal treatment asks how the person should be treated where they now live.

    The destination does not have to inherit every historical liability in order to treat a resident fairly today.

    Europe Shows That Coordination Is Possible

    The European Union offers one partial model.

    It does not have a single European welfare state. National social-security systems remain different.

    Yet EU rules coordinate them.

    Periods of insurance, work, or residence in different countries can sometimes be combined when eligibility is calculated. Many cash benefits can be paid across borders, although important exceptions remain.

    The details were discussed earlier in “How Can Rights Survive Movement?”

    The important point here is simple: coordination does not require harmonization.

    Different welfare systems can remain different while rules determine which institution is responsible when people move.

    Residence Can Deepen Without Everything Arriving on Day One

    A more difficult question concerns benefits connected to present residence.

    Suppose someone moves into a political community today.

    Must every residence-based social benefit become available immediately and in full?

    EU free-movement law shows one way of treating this problem in stages.

    Under Directive 2004/38/EC, a host Member State is not generally required to provide social assistance during the first three months of residence.

    At the same time, Union citizens who reside lawfully under the Directive are generally entitled to equal treatment, subject to specific exceptions.

    After five years of continuous legal residence, Union citizens acquire a right of permanent residence.

    This is not a simple rule of no rights at first and full rights after five years.

    The actual legal structure is more complicated.

    But it demonstrates an important principle: mobility and equal treatment can develop through differentiated rules rather than an all-or-nothing switch.

    The Court of Justice addressed one limit in the 2014 Dano case.

    Elisabeta Dano was an economically inactive Romanian citizen living in Germany who was not seeking employment and did not satisfy the Directive’s conditions for a right of residence beyond three months.

    The Court held that Germany could refuse her certain non-contributory social benefits.

    The lesson is not that mobile people may generally be excluded from welfare.

    It is that European free-movement law itself distinguishes among legal residence, economic status, benefit type, and stage of residence.

    Waiting Periods Need Justification

    A staged system can be legitimate.

    But the existence of an EU precedent does not make every waiting period acceptable.

    A waiting period is not automatically unjust.

    Nor is it automatically legitimate.

    If access to a benefit is delayed, we should ask what problem the delay is solving, whether it is necessary, whether its duration is proportionate, whether it leaves the person without a basic floor of protection, and whether a less restrictive rule could protect the same fiscal interest.

    Different benefits may justify different answers.

    A contributory pension, emergency healthcare, unemployment insurance, and long-term social assistance do not have to share one eligibility rule.

    A Minimum Floor Is Not an Unlimited Welfare Obligation

    Social rights do not require every political community to provide unlimited benefits under every circumstance.

    A minimum floor is not a complete welfare package.

    Communities can still differ in tax levels, benefit levels, insurance systems, pension structures, contribution rules, and methods of delivery.

    Political diversity does not require abandoning social protection.

    And social protection does not require institutional uniformity.

    People should not have to gamble away basic protection simply because they exercise political mobility.

    Does Welfare Attract Migration?

    The “welfare magnet” argument is often stated as though it had a single empirical answer.

    It does not.

    Corrado Giulietti, Martin Guzi, Martin Kahanec, and Klaus F. Zimmermann studied immigration and unemployment-benefit spending across 19 European countries from 1993 to 2008.

    Simple correlations suggested some relationship for non-EU migration.

    But once the authors addressed endogeneity, the estimated causal effect became much smaller or essentially zero. For migration from within the EU, they found no relationship with unemployment-benefit generosity.

    A different study reached a different result.

    Ole Agersnap, Amalie Jensen, and Henrik Kleven examined a Danish reform introduced in 2002 that reduced benefits for non-EU immigrants by about 50 percent.

    They estimated that the reform reduced net immigration by about 5,000 people per year. When the policy was later repealed, the effect largely reversed.

    These findings do not cancel each other out.

    They examine different populations, benefits, and mobility regimes.

    One studies broad cross-country variation in unemployment benefits.

    The other exploits a sharp immigrant-specific reform affecting non-EU migrants in Denmark.

    Which benefit, for which population, under which mobility regime, and by how much?

    That is the more useful question for institutional design.

    Taxpayer Exit Raises the Reverse Problem

    Mobility can also put pressure on welfare from the other direction.

    Highly mobile taxpayers may leave communities that rely heavily on them to finance redistribution.

    Earlier essays on majority democracy and fiscal risk examined that problem in more detail.

    The conclusion here is narrower.

    Taxpayer mobility does not prove redistribution is impossible.

    It asks us to reconsider the scale at which different social obligations are financed.

    The Scale of Solidarity

    Not every welfare function needs to operate at the same level.

    Schools and many care services are delivered where people live.

    Other risks may benefit from wider financing pools.

    Pensions spread obligations across long periods.

    Unemployment insurance pools labor-market risks.

    Expensive healthcare risks may be easier to finance across larger populations.

    Movement itself creates another category: obligations that require cooperation between origin and destination systems.

    Different welfare functions may therefore operate at different scales. Some are delivered locally, some are financed more widely, and some require coordination between origin and destination systems.

    None of this requires one world welfare state.

    It requires institutions capable of coordinating across movement.

    What a Mobility-Compatible Welfare System Might Look Like

    The following is not a universal formula. It is a way of separating different obligations before deciding who should bear them.

    Type of obligationPrimary responsibilityTreatment after movement
    Accrued pension or insurance rightsSystem where rights were earnedPreserve, aggregate, or export where applicable
    Temporary insurance rightsCompetent insurance systemCoordinate while identifying the responsible system
    In-kind services such as healthcareInstitution where service is deliveredProvide where needed; allocate costs through reimbursement where appropriate
    Residence-based assistanceDestination as residence deepensApply justified transition rules and equal-treatment principles
    Minimum protectionRights-protecting institutions at the appropriate levelDo not allow basic protection to disappear merely because a person moves

    The exact allocation can vary.

    What matters is not forcing every kind of welfare into one rule.

    Mobility Cannot Replace Welfare

    The previous essay, “Equal Rights, Unequal Ability to Move,” showed that some people can move much more easily than others.

    That matters here.

    People with weak Exit options may also be people with the greatest need for social protection.

    A political community therefore cannot answer poverty, disability, unemployment, or care needs by saying: you are free to leave.

    Exit is not a substitute for social protection.

    Foot Democracy adds political choice.

    It does not remove collective responsibility toward those who stay.

    Conclusion

    Can welfare survive political mobility?

    Yes—but not automatically.

    Mobility creates real questions.

    People contribute in one place and receive in another.

    Destinations may face immediate costs.

    Taxpayers may leave.

    Benefits can affect migration incentives.

    But none of this proves that welfare requires political immobility.

    EU law already combines freedom of movement with differentiated access and equal-treatment rules.

    European social-security coordination shows that rights can cross borders without creating one uniform welfare system.

    Research on welfare incentives shows that effects vary by benefit, population, and migration regime.

    The task is therefore to separate the questions.

    What has already been earned?

    What follows from current residence?

    What requires contribution?

    What must be protected immediately?

    Which risks need wider pooling?

    Which costs remain with the origin?

    Which shift toward the destination as residence deepens?

    Political mobility does not make welfare impossible.

    It changes how welfare must be organized.

    A welfare system compatible with political freedom must protect people without making immobility the price of protection.


    Notes

    Directive 2004/38/EC governs important aspects of free movement and residence for EU citizens and their family members. Article 24 establishes equal treatment for Union citizens residing under the Directive, while Article 24(2) allows specified exceptions, including social assistance during the first three months of residence. Article 16 provides a right of permanent residence after five years of continuous legal residence.

    In Case C-333/13, Dano v Jobcenter Leipzig (2014), the Court of Justice held that certain social benefits could be refused to an economically inactive EU citizen who did not satisfy the Directive’s residence conditions. The judgment should not be read as a general rule allowing welfare exclusion of mobile EU citizens.

    Corrado Giulietti, Martin Guzi, Martin Kahanec, and Klaus F. Zimmermann, “Unemployment Benefits and Immigration: Evidence from the EU,” International Journal of Manpower 34, no. 1 (2013): 24–38. The study examined 19 European countries from 1993–2008 and found a much smaller or essentially zero causal effect after addressing endogeneity, with no relationship for EU-origin migration.

    Ole Agersnap, Amalie Jensen, and Henrik Kleven, “The Welfare Magnet Hypothesis: Evidence from an Immigrant Welfare Scheme in Denmark,” American Economic Review: Insights 2, no. 4 (2020), studied a Danish reform that reduced benefits for non-EU immigrants by about 50 percent. They estimated a reduction in net immigration of about 5,000 people per year and a migration-benefit elasticity of 1.3.

    The World Citizen Society distinguishes portability, equal treatment, exportability, aggregation, coordination, and harmonization. It also maintains that a minimum social floor is not an unlimited welfare obligation and that Exit is not a substitute for social protection.


    Further Reading

    For the fiscal consequences of mobility, see “When Mobility Creates Fiscal Risk.”

    For unequal ability to use political mobility, see “Equal Rights, Unequal Ability to Move.”

    For the portability and coordination of rights across borders, see “How Can Rights Survive Movement?”

    For mobility and unequal political leverage, see “Can Foot Democracy Discipline Majority Democracy?”

    For the full institutional treatment, see Toshiyuki Nishimura, The World Citizen Society: Political Freedom, Democratic Choice, and the Institutions of a New Society, Chapter 15, “Welfare, Pensions, and Portability.”