scholarly journals Managing Female Foreign Domestic Workers in Singapore: Economic Pragmatism, Coercive Legal Regulation, or Human Rights?

2010 ◽  
Vol 43 (1) ◽  
pp. 99-125 ◽  
Author(s):  
Eugene KB Tan
Keyword(s):  
Human Rights ◽  
Domestic Workers ◽  
Legal Regulation ◽  
Policy Makers ◽  
International Marriages ◽  
Key Stakeholders ◽  
Promotional Efforts ◽  
Foreign Domestic Workers ◽  
The Government ◽  
Permanent Residents

Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people living in Singapore are foreigners, concerns of human rights and justice are largely peripheral, if not absent from the immigration discourse. This is seen most clearly in employment issues pertaining to foreign female domestic workers (FDWs), most of who come from other parts of Southeast Asia. ‘Rights talk’ is largely absent even as activists seek to engage the key stakeholders through the subtle promotion of rights for such workers.The government, however, has resisted framing the FDW issues as one of rights but instead has focused on promotional efforts that seek to enhance the regulatory framework. This dovetails with the reality that immigration law also functions as quasi-family law in which the freedom of FDWs and other foreign menial workers to marry Singapore citizens and permanent residents are severely restricted. As such, the immigration regime's selectivity functions as a draconian gatekeeper. Justice and human rights are but tangential concerns.

scholarly journals An Investigation of the Socio-Economic Benefits of Small-Scale Gold Mining in Malawi

Mining ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 19-34
Author(s):  
Tiyamike Haundi ◽  
Gift Tsokonombwe ◽  
Steven Ghambi ◽  
Theresa Mkandawire ◽  
Ansley Kasambara
Keyword(s):  
Gold Mining ◽  
Indigenous Communities ◽  
Economic Benefits ◽  
Gold Rush ◽  
Basic Knowledge ◽  
Small Scale ◽  
Low Literacy ◽  
Policy Makers ◽  
Key Stakeholders ◽  
The Government

In the recent years, there has been a surge in artisanal and small-scale gold mining (ASGM) in various districts of Malawi. Reports of a gold rush have emerged in various districts, including Mangochi, Lilongwe, Balaka, and lately in Kasungu. There has been persistence by many indigenous communities participating in ASGM activities, yet little is being done by the government to formalize and support the sub-sector. The purpose of this study was to investigate the benefits of artisanal small-scale gold mining in Malawi and expose the shortfalls so that key stakeholders and policy makers are well informed. A quantitative approach which used semi-structured questionnaires was used and the data was analyzed using Microsoft excel and Statistical Packages for the Social Sciences (SPSS). The study shows that ASGM is characterized by people with low literacy levels, who use traditional tools (low-tech) and use methods fueled by lack of capital, and deficiency of basic knowledge of mining and geology. The study found that the government could achieve substantial socio-economic development from the sector by: (1) revising the current artisanal and small-scale mining (ASM) legislation so that it embraces the customary practices whilst safeguarding the environment and improving the tax collection base; (2) providing support in form of mining related training and education to these communities; (3) leading in transfer of modern technologies for improved extraction; (4) supporting ASM cooperatives in securing credit facilities from financial institutions; and (5) closing the existing knowledge gap for ASM related issues through introduction of mining desk officers in district councils.

Marriage-based Migration and Human Rights Education: Where Does Canada Stand?

2010 ◽  
Vol 2 (1) ◽  
Author(s):  
Noorfarah Merali
Keyword(s):  
Human Rights ◽  
Federal Government ◽  
Population Movement ◽  
Foreign Countries ◽  
International Reputation ◽  
Marriage Migrants ◽  
The Government ◽  
Developed Nations ◽  
Permanent Residents ◽  
Female Marriage

Immigration for marriage is one of the most prevalent forms of population movement from developing to developed nations, particularly for women (Ghosh, 2009). As an industrialized nation with an international reputation for embracing diversity and pluralism, Canada is a country where many individuals from the developing world aspire to establish their family lives. Approximately 30 percent of newcomers arriving in Canada annually are family members sponsored by Canadian citizens or permanent residents, with the majority of them being spouses from abroad (Citizenship and Immigration Canada, 2007). Since the foreign countries from which female marriage migrants have arrived often have different systems of governance and human rights records, the responsibility has been placed on the federal government to educate newcomers about their rights as migrants and their basic human rights (Global Commission on International Migration, 2005). Since Canada’s family sponsorship policy holds male sponsors of immigrant brides directly responsible for facilitating women’s integration and upholding their rights, the government has an equal obligation to educate sponsors about each party’s rights in the sponsorship relationship. This chapter describes the method and results of a content analysis of government issued information for sponsors and sponsored persons and its human rights coverage. It outlines implications for rights-based education targeting both newcomers and their hosts/sponsors in marriage-based immigration cases.

scholarly journals Principles оf Regulatory Activity of Bodies State Authority

2021 ◽  
Vol 7 ◽  
pp. 52-60
Author(s):  
Zoya Pogorelova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
Legal Regulation ◽  
Scientific Validity ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Government ◽  
Rule Making

The article, based on clarifying the content of related concepts of law-making, considers the principles of the rule-making activity as the power activity of public authorities. Such principles include the principles of humanism, democracy, the rule of law, human rights, and scientific validity of rule-making decisions, which necessitates the professionalism of rule-making activities, planning, systematics, complexity, timely revision and updating of legislation, and transparency. The content of these principles is revealed, their ranking is carried out, their importance for legal science and practice is emphasized, and the positions of scientists concerning their optimal list and characteristics are analyzed. In particular, attention is drawn to the fact that the principle of humanism is reflected in the fundamental values that underlie the constitutional order, the basis of the current law and human rights enshrined in the Constitution and laws of Ukraine: human dignity, the right to self-realization, justice and freedom, non-discrimination and equality before thelaw, tolerance, responsibility and respect for others. The principle of democracy, as a fundamental principle of rule-making, legitimizes the subjects of rule-making and creates a basis for their legal activities. The rule of law is also a fundamental principle of rule-making (including its components such as the principle of direct effect of the Constitution of Ukraine, the rule of the Constitution as the Basic Law, the principle of legality, legal certainty, the equality before the law and non-discrimination, and proportionality). It is emphasized that the principle of scientific validity of rule-making decisions necessitates professionalism of rule-making activities, and ensuring a high professional level of rule-makers makes it possible to carry out rule-making activities at a high scientific level, on a planned, systematic, comprehensive basis, the legal regulation of public relations, and the implementation of state functions. Aspects of the principle of publicity of normative activity of the Parliament, the Government, and the President of Ukraine are also analyzed.

scholarly journals Clinging to a knife’s edge: the Live-in Caregiver Program

2021 ◽  
Author(s):  
Leona Carmelita Pagunuran Canay
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
Immigration Policies ◽  
Political Rights ◽  
Colonial History ◽  
Feminist Thought ◽  
Foreign Domestic Workers ◽  
Narrative Interviewing

Since the 1900s, Canada has heavily relied on foreign domestic workers. This program has evolved over the years into what is currently known as the Live-in Caregiver Program (LCP). It is rooted in our colonial history and has reproduced power imbalances between employers and caregivers. Challenging dominance is a difficult task given that immigration policies perpetuate inequalities through the denial of social, economic and political rights to caregivers. I selected this topic based on my experiences as a live-in caregiver with this program. This study uses anti-colonialism and feminist thought to examine the experiences of three former LCP workers. Through narrative interviewing, the findings indicate that the live-in requirement of the LCP has contributed to the abuse, exploitation and marginalization of these caregivers. The study concludes with a discussion of the ways in which the structure of the program can be modified to prevent further exploitation and human rights violations.

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

PRINCIPLE OF DIRECT FORCE OF HUMAN RIGHTS AND PECULIARITIES OF SOCIAL RIGHTS

2019 ◽  
Vol 14 (5) ◽  
pp. 114-140
Author(s):  
NATALIA V. KOLOTOVA
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Legal Regulation ◽  
International Standards ◽  
Social Rights ◽  
Constitutional Court ◽  
Political Rights ◽  
Constitutional Principle ◽  
Theoretical Approaches ◽  
The Government

International standards on human rights and Constitution of the Russian Federation put social rights on a par with civil and political rights what is interpreted as a necessity to provide them with equitable and efficient remedy, extension to them of the general principles of effect of human rights and the related remedial procedures. However, the specifics of the nature of social rights introduces its adjustments, at times, fairly significant ones. Thus, although Article 18 of RF Constitution proclaims the principle of direct force for all human rights, social rights primarily produce effect indirectly. Irrespective of the distinctions in the content of two principles — more generalized principle of direct effect of constitutional provisions and direct force of human rights; it is majorly recognized in the national doctrine of the constitutional right that the indirect force of social rights does not contradict to the general principle of direct effect of constitutional provisions. The indirect force of constitutional social rights is conditioned by the necessity of their specification and detalization in the laws; this can be stated in the rule itself or stem from a high degree of abstractness of social provisions formulated in the norms-standards and norms-principles. The indirect force manifests itself in the fact that courts when hearing cases related to challenging the provisions of social legislation apply the norms of the Constitution only in relationship with the specifying rules of branches of law referring to the fundamental constitutional principles.RF Constitutional Court distinguishes the rights "directly recognized by the Constitution" and "acquired by virtue of law" and pursues different policies in respect of their interpretation. The Court proceeds from the fact that the direct force of social rights is primarily aimed at the legislator who may not adopt laws unreasonably narrowing the scope of legal regulation of such rights thus interprets constitutional social rights in aggregate with other constitutional principles — support of citizens’ confidence in law and acts of the government, legal certainty and reasonable stability of legal regulation, proportionality etc.The highlighted specifics requires doctrinal comprehension and development of theoretical approaches to the content of a constitutional principle of direct force of human rights in the area of social rights, determination of legal tools and me cha-nisms of their remedy including via a proper judicial procedure.

The Challenges of Inclusive Education in Developing Countries in South East Asia

2022 ◽  
pp. 202-219
Author(s):  
Henriette van Rensburg ◽  
Betty Adcock
Keyword(s):  
Developing Countries ◽  
East Asia ◽  
Inclusive Education ◽  
Minority Groups ◽  
South East Asia ◽  
Policy Makers ◽  
Equity In Education ◽  
Education Professionals ◽  
Key Stakeholders ◽  
The Government

This conceptual chapter presents an overview of the current developments in special education, specifically in inclusive education, and focuses only on the barriers experienced by the different stakeholders in developing countries in South East Asia. To support inclusion and equity in education, governments need to influence public opinion, implement legislation and policy regulations, and provide financial resources. The three key stakeholders are the government, educational professionals, and families. There are also others including instructors and other education professionals, teacher trainers and researchers, national, local, and school-level administrators and managers, policy-makers and service providers in other sectors, civic groups in the community, and members of minority groups who are at risk of exclusion. Awareness of the value of inclusive education should be raised amongst all stakeholders to develop a network of support for all learners.

scholarly journals Compliance of Legal Regulation of the Republic of Lithuania with the EU Resolution on COVID-19 Vaccines

2021 ◽  
Vol 3 (21) ◽  
pp. 53-69
Author(s):  
Erika Statkienė ◽  
Renata Šliažienė
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
Legal Regulation ◽  
Reasonable Doubt ◽  
Fundamental Freedoms ◽  
Provision Of Services ◽  
The Republic ◽  
The Government ◽  
Vaccination Certificate ◽  
The Eu

The aim of this article is to evaluate compliance of the legal regulation of the Republic of Lithuania with the EU resolution on Covid-19 vaccines. The main goal is to investigate the government implemented extraordinary legal measures to control the pandemic situation in Lithuania by processing the goal of planned COVID-19 vaccination quantities and to evaluate their compliance with the EU resolution on COVID-19 vaccine. By using qualitative analysis of scientific literature and documents, statistical data analysis, comparative method of legal acts analysis, the purpose to identify the possible consequences of inadequate legal regulation implementation, affecting observance of human rights and fundamental freedoms, have been exceeded. The article aims to indicate whether there are any unreasonable, over excessive, legal measures in Lithuanian government decisions in trying to control the epidemic and distribution of vaccinations, by implementing legal restrictions against non-vaccinated people. Also, whether legal measures are objectively discriminatory and what the risks of such implementation are. The goal of the research is to indicate the main imposing restrictions, such as non-provision of services, accessing them and getting free health services, not limiting employees to continue their work without the vaccination certificate, not allowing customers in supermarkets or restaurants etc., which causes certain differences between social groups, allowing a reasonable doubt for discriminatory manifestations to be raised, therefore indicating the violation of human rights and fundamental freedoms in the process. Keywords: Lithuania, COVID-19, vaccination, restrictions on human rights.

scholarly journals Legal measures to Expand the Access to Treatment during the Pandemic in Ukraine and in the World

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 34-48
Author(s):  
O. Y. KASHYNTSEVA ◽  
◽  
M. M. TROFYMENKO ◽  
Keyword(s):  
Human Rights ◽  
Access To Medicines ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Access To Treatment ◽  
Compulsory Licensing ◽  
Patent Rights ◽  
The World ◽  
The Government ◽  
Managed Entry Agreements

The article concerns the comparative legal analysis of managed entryagreements (MEAs), compulsory licenses on inventions and the use of pat-ented inventions without the permission of an owner of the patent rights in order to ensure the health of the population and in emergency circum-stances. The authors determine the essential conditions and special fea-tures of such agreements. In article the authors present the analysis of theinternational legal regulation of the market of patent rights in the field ofpharmacy. Managed entry agreements are the effective legal instrumentfor ensuring access to innovative medicines, which are still in the post-clin-ical stage, while the compulsory licensing and the government use in thepublic interests could expand access to generic versions of medicines. All ofmentioned legal measures are available in Ukrainian legislation, but noneof them has been used yet. Key words: managed entry agreements, compulsory licenses, govern-ment use, intellectual property, human rights, access to medicines.

The Challenges of Inclusive Education in Developing Countries in South East Asia

2020 ◽  
pp. 1-18
Author(s):  
Henriette van Rensburg ◽  
Betty Adcock
Keyword(s):  
Developing Countries ◽  
East Asia ◽  
Inclusive Education ◽  
Minority Groups ◽  
South East Asia ◽  
Policy Makers ◽  
Equity In Education ◽  
Education Professionals ◽  
Key Stakeholders ◽  
The Government

This conceptual chapter presents an overview of the current developments in special education, specifically in inclusive education, and focuses only on the barriers experienced by the different stakeholders in developing countries in South East Asia. To support inclusion and equity in education, governments need to influence public opinion, implement legislation and policy regulations, and provide financial resources. The three key stakeholders are the government, educational professionals, and families. There are also others including instructors and other education professionals, teacher trainers and researchers, national, local, and school-level administrators and managers, policy-makers and service providers in other sectors, civic groups in the community, and members of minority groups who are at risk of exclusion. Awareness of the value of inclusive education should be raised amongst all stakeholders to develop a network of support for all learners.

Sign in / Sign up

Export Citation Format

Share Document