Protection of Labour Rights in the Age of Democratization and Economic Restructuring in Southern Africa

1995 ◽  
Vol 39 (1) ◽  
pp. 39-63 ◽  
Author(s):  
Peter Nanyenya Takirambudde
Keyword(s):  
Human Rights ◽  
Southern Africa ◽  
Trade Unions ◽  
Large Scale ◽  
Economic Restructuring ◽  
Labour Law ◽  
Labour Rights ◽  
Negative Rights ◽  
The Right ◽  
Political Economic

The contours of human rights, especially labour rights, have undergone significant shifts in the recent past in Southern Africa. Labour law regimes have been overhauled, resulting in large-scale changes, liberalization of controls over trade unions, loosening of strictures relating to the right to strike, freeing collective bargaining from excessive governmental interference and the extension of protective legislation to previously excluded workers. These developments have been a function of dramatic changes throughout die region. The transition in Soudiern Africa has encompassed die political, economic and legal fabrics of most countries. It has been under way since die late 1980s and is being extended daily. In die constitutional zone, diere is a discernible trend towards the constdtutionalization of social rights, thus settling the debate regarding positive and negative rights in favour of the interdependence, indivisibility and interconnectedness of human rights. The transformation in Soudiern Africa is emblematic of three critical developments: democratization, economic liberalization and paradigmatic transitions in law.

Normative Interactions and the Development of Labour Law: A European Perspective

2009 ◽  
Vol 11 ◽  
pp. 377-398 ◽  
Author(s):  
Sophie Robin-Olivier
Keyword(s):  
Human Rights ◽  
Trade Unions ◽  
Essential Elements ◽  
Combination Method ◽  
European Convention ◽  
Multiple Sources ◽  
Labour Law ◽  
Human Right ◽  
European Court ◽  
The Right

AbstractIn important recent cases dealing with labour law issues, the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR) relied on a combination of international, European and domestic sources to justify their decisions. In Viking and Laval, the ECJ recognised that the right to take collective action as a fundamental right protected by EU law. In Demir and Baykara v Turkey, the ECtHR decided, for the first time, that the right to bargain collectively is an essential elements the right to form and to join trade unions covered by Article 11 of the European Convention for the protection of Human Rights. This chapter considers the reliance on multiple sources of law in this series of cases and questions the ‘combination method’ used by European courts to identify or interpret human right provisions. It argues that globalisation of legal sources in the area of labour law does not necessarily lead to ‘globalisation’ of labour law, allowing common solutions or, at least, harmonised solutions to come to life. The outcome of normative interaction is not universal labour law but instead largely depends on which court decides the case. Therefore, litigation strategies in the field of labour law should make use of the potential of normative interactions without ignoring the opportunities offered by the diversity of courts.

scholarly journals Revisiting the Zimbabwean Unfair Labour Practice Concept

2021 ◽  
Vol 24 ◽  
pp. 1-27
Author(s):  
Tapiwa Givemore Kasuso
Keyword(s):  
Trade Unions ◽  
Regulatory Framework ◽  
Constitutional Court ◽  
Conservative Approach ◽  
Labour Law ◽  
Labour Rights ◽  
Labour Practice ◽  
Constitutional Right ◽  
The Right ◽  
Exhaustive List

The 2013 Constitution of Zimbabwe entrenches the broad right to fair labour practices. The right is given effect to in Part III of the Labour Act (Chapter 28:01), which provides an exhaustive list of unfair labour practices which can be committed by employers, trade unions, workers' committees, and other persons. The Labour Act predates the 2013 Constitution. The constitutionalisation of the right to fair labour practices necessarily carries with it the attendant difficulties of reconciling the new rights and the pre-existing regulatory framework. This article seeks to contribute towards a practical understanding of the Zimbabwean unfair labour practice concept in the light of the constitutionalisation of the right to fair labour practices. It explores the nature and scope of the concept of unfair labour practice and examines its relationship with the constitutional right. Further, the contribution critiques the formalistic and conservative approach adopted by the Constitutional Court in explaining this relationship. The article commences with a brief discussion of the origins of the concept and its reception in Zimbabwean labour law. Following from this, the contribution critically analyses the unfair labour practice concept from statutory and constitutional perspectives. It argues for an expanded paradigm of the concept. This can be achieved if the judiciary moves away from pedantic approaches to the interpretation of labour rights. Therefore, the clarion call is for a purposive and expansive interpretation of the right to fair labour practices, which promotes constitutionalism. In addition, the contribution calls upon the legislature to reconsider the viability of the exhaustive list of unfair labour practices in Part III of the Labour Act, given the constitutionalisation of the broad right to fair labour practices.

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

scholarly journals The ILO and Transformation of Labour Law

2020 ◽  
pp. 17-49
Author(s):  
Ulla Liukkunen
Keyword(s):  
Trade Unions ◽  
Multinational Enterprises ◽  
Social Protection ◽  
Decent Work ◽  
Labour Law ◽  
Labour Rights ◽  
Contractual Arrangements ◽  
Labour Standards ◽  
International Labour Standards

Abstract The article explores some of the biggest challenges to the ILO caused by globalization and altering of the collective labour rights scene. It examines the recent transformation of collective bargaining regimes at national and transnational level and the consequences for normativities that characterize the relationship between labour law and the system of international labour standards. Domestic bargaining regimes are influenced by decentralization whereas in a transnational setting, with the phenomena of contractual arrangements between multinational enterprises and trade unions or other employee representatives, transnational collectivization of labour law is occurring. The process of transnationalization of labour law affects the traditional labour law paradigm with profound consequences for our understanding of the purpose and role of labour law. The transformation of labour law highlights regulatory developments that require reinforcement of the role of fundamental labour rights. Building a perspective on major global challenges to the ILO at the beginning of its second centenary requires an assessment of the labour question in terms of flexibility and vulnerabilities. This raises the question of inclusivity, calling for the ILO decent work agenda, employment creation, social protection, rights at work and social dialogue, all to be more firmly integrated in global regulatory approaches to work.

scholarly journals The Rights of Workers, Migrant Workers and Trade Unions in the Light of the European Convention on Human Rights

2021 ◽  
pp. 224-246
Author(s):  
Paulo Pinto de Albuquerque
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Trade Unions ◽  
Case Law ◽  
European Convention ◽  
Labor Rights ◽  
Freedom Of Association ◽  
Labor Legislation ◽  
European Court ◽  
The Right

The European Court of Human Rights (the Court, the ECHR) has made a significantcontribution to the protection of social rights in general and labor rights in particular. The articlefocuses on four specific areas that demonstrate the richness of case-law in this area. First of all, theauthor focuses on individual issues related to the general rights of workers, drawing attention to issuesof unfair dismissal, the right to respect for private and family life, freedom of religion and freedomof expression. Secondly, the author dwells on the protection of the rights of migrant workers underthe Convention for the Protection of Human Rights and Fundamental Freedoms. Third, the articleexamines trade union rights in the light of freedom of association. Finally, reflecting the economiclandscape of the past decade, case-law is provided to demonstrate how austerity measures can affecthuman rights and how the Court has responded to this problematic issue.Social rights, including labor rights, have received many advantages from the fact that they wereconsidered in the case-law of the Court, since its practice clarified the boundaries and limited thestate’s unlimited discretion in the management of these rights. At the same time, a certain trend hasformed. If at first the protection of workers’ rights and freedoms sharply increased, which is confirmedby some textbook cases of the ECHR, now it is impossible not to notice a regressive trend that isassociated with labor legislation, expands the discretion of governments and significantly limits theeffectiveness of the Court when considering labor rights. However, this regressive trend should notbe regarded as irreversible. The article highlights how meaningful consideration of soft law principlesallows the Court to take a progressive position that promotes labor rights and how it can continueto help protect workers’ rights.

Firms working in Israel face pressure on Palestinians

2018 ◽  
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Oil And Gas ◽  
Jewish People ◽  
Content Type ◽  
High Profile ◽  
Business And Human Rights ◽  
Arab Minority ◽  
The Right ◽  
Oil And Gas Sector

Significance The July 19 law’s limiting of the right of national self-determination in Israel to the Jewish people has angered the Arab minority and provoked international criticism, including comparisons to South Africa’s apartheid-era legislation. Impacts Human rights risks may deter some investors, particularly for high-profile or large-scale projects such as in the oil and gas sector. Projects in towns and cities with large Arab populations such as Jerusalem, Haifa, Jaffa and Nazareth will face particular scrutiny. To ward off criticism, compliance with the UN Guiding Principles on Business and Human Rights will be increasingly important.

Working for social justice: community, activism and academia

Housing Shock ◽  
2020 ◽  
pp. 87-106
Author(s):  
Rory Hearne
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Trade Unions ◽  
Rental Housing ◽  
National Policy ◽  
Housing System ◽  
Policy Debate ◽  
Participatory Action ◽  
Human Right ◽  
The Right

This chapter explores the author’s housing journey, from living in private rental housing, to working with disadvantaged communities on housing and human rights, campaigning on homelessness and the right to housing, to being a publically engaged academic researching and engaging in the national policy debate on housing. It details the everyday impact of austerity on disadvantaged social housing communities and their response through a successful ‘Rights-in-action’ human right to housing campaign. It also details participatory action research with homeless families, the Participatory Action Human Rights and Capability Approach. In then discusses the role of academics, policy makers and researchers in social change, empowerment and participation in relation to social justice and housing issues. It interrogates the concept of knowledge production – who’s interest does it serve? Drawing on Freire and Gramsci the Chapter outlines five areas, for the academic researcher (and this can be applied to policy analysts and researchers, NGOs, human rights organisations, trade unions and community activists) to contribute to achieving an egalitarian, socially and environmentally just, and rights-based housing system.

Laurie Salitan: Human Rights and the Republics

1990 ◽  
Vol 18 (1) ◽  
pp. 17-20
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
Large Scale ◽  
Reform Process ◽  
The Soviet Union ◽  
The People ◽  
The Right ◽  
In The Beginning ◽  
Rights Issue

The human rights situation has continued to improve as glasnost matures and as Gorbachev's plan to establish a law-based society unfolds. The loosening of restraints, which has been linked to the process of democratization, has had a dramatic impact on human rights. At the same time, the nature of the human rights issue in the Soviet Union has shifted from what it was even last year. Large-scale demonstrations are now mundane events, as is the right to speak one's thoughts freely or to go to church. What has changed is that the process of enforcing or guaranteeing rights is now being generated from below, whereas in the beginning this process started from above. The reform process now has a life of its own among the people, who are demanding all sorts of things.

The state of democracy and human rights in the Arab ummah (nation)1

2016 ◽  
Vol 9 (4) ◽  
pp. 523-535
Author(s):  
Isma’il al-Shatti
Keyword(s):  
Human Rights ◽  
The State ◽  
Private Life ◽  
Political Work ◽  
The Press ◽  
The Individual ◽  
The Right ◽  
Political Economic ◽  
The Arab Spring ◽  
Pro Forma

Arab constitutions, for the most part, specify and guarantee human rights in their wordings. However, the reality of the individual in the Arab nation reveals something quite different from that which is written in the constitutions. The state is charged with providing citizens with sufficient opportunities by granting them the right to participate in political, economic, social and cultural life in addition to rendering the private life and private affairs of individuals inviolable. Arab regimes' commitment to democracy is tenuous and in the main, these regimes preserve reference to democracy in their constitutions simply as a means for improving the image of the regime and as a pro-forma attempt at applying a modus operandi of a modern state. Despite the fact that laws are promulgated to regulate political work, the press and media, and the institutions of civil society, they are deprived of their function and impact through superficial or highly restricted legislation. For more than five decades, academic researches and writings on the obstacles to transitioning to democracy have increased and multiplied; and various ideas and opinions on the subject have been advanced. This article attempts an explanation of the phenomenon of Arab authoritarianism which fostered the crisis of the ‘Arab Spring’ and explores the reasons for the failure of democracy in the region.

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