Comparative Study on the Social Welfare Law in ASEAN

Abstract

This article aims to present a comparative study of the social welfare laws of ASEAN Member States; and to provide recommendations on the improvement of those social welfare laws to make them more efficient for the ASEAN Member States. By using qualitative research, and descriptive analysis, a comparative study of the social welfare laws of ASEAN Member States will lead to develop of recommendations and to improve social welfare laws of ASEAN Member States.

The results show that each ASEAN Member States has fundamentally different legal systems due to background of history, religion and culture. However, the consideration of equality of people remains a fundamental principle reflected in the constitutions of ASEAN Member States. The primary law of social welfare law exists in only 3 out of 10 states, namely Thailand, Indonesia and the Philippines. However, ASEAN Member States have legislated other laws concerning social welfare which involves the issue on education, healthcare, housing, labor and employment, criminal justice and other issues. In addition, the existing social welfare laws also cover children, youth, women, the disabled, the elderly, beggars, family, LGBT groups, human trafficking, the poor and the destitute, disaster victims, minorities and ethnic groups, refugees, migrants and other target groups. Unfortunately, some ASEAN Member States do not achieve to cover all target groups.