La protección social de los Ministros de Culto, religiosos y secularizados

Abstract

The purpose of this study is to conduct an analysis of the Social Security that affects people that devote or have devoted themselves to religious profession of different confessions. The lack of a complete study has led the doctoral candidate to encompass the totality of the groups that are included into the Social Security: the ministers of religion, the religious and the secular. The juxtaposition of the Law of the Social Security and the canonical and ecclesiastical rules, and, as far as possible, the precedent and the lack of doctrine, has been a constant of this research, which has been done in order to fill the existing gaps, and therefore to be able to offer a comprehensive study on the subject. Uncovering the Social Security peculiarities of the groups that have been integrated into Social Security over the last 36 years, either by assimilation, as in case of the ministers of religion, by integration into a system that was alien to them, as in case of the religious, or the special regulations for the secular, has no other purpose than to highlight this complex situation from the legal perspective. The methodology that has been used for this research was to analyse the historical background of the groups object of the aforementioned study, if there were any, and Social Security legislation from the moment of its appearance, as well as the scarce jurisprudence, except regarding the secular, which is abundant. In addition, the doctrine has been studied, although it is limited in the aforesaid group, it is more than abundant in the Ecclesiastical Law, therefore a part of the study of the Social Security of the religious groups has been based of this Law; and based on this data, a juxtaposition has been made between the Social Security Law, the Canon Law and the Ecclesiastical Law, that has allowed to clarify the aforementioned purpose, as far as possible. The aforesaid allows us to reach a critical conclusion. We can clearly observe the phased or "two-speed" incorporation of every group. Preferential or discriminatory treatment of the clergy of the Catholic Church during certain periods of time, even within the same group, based on their canonical ascription. Different protection, depending on the confession they belong to. Poor technique of the regulatory process of incorporation. Gaps that are difficult to interpret given the nature of the groups. In terms of protective action, there are differences regarding the protection, which can be divided into the following groups: extensive and basic. Forced and inadequate introduction of the religious in a system that is totally alien to them, as that of the self-employed. Finally, regarding the secular, we can observe a highly controversial regulatory process with unclear jurisdiction and restricted regulatory process, with numerous legal reforms in short periods of time, and the possibility to incur ultra vires. The study is concluded with the proposals of lege ferenda concerning the three groups that have been studied.