Animal Labour

Animal Labour ◽  
2019 ◽  
pp. 91-115
Author(s):  
Charlotte E. Blattner
Keyword(s):  
Collective Bargaining ◽  
Medical Care ◽  
Working Conditions ◽  
Theory And Practice ◽  
Self Determination ◽  
Form Part ◽  
Forced Labour ◽  
The Right ◽  
Safe Working

For scholars who specialize in animal labour, those rights and institutions include the right to remuneration, safe working conditions, retirement, medical care, and collective bargaining (Cochrane 2016). These rights flow quite naturally from the concept of animal labour and help us envision more just working relations with animals, but are they sufficient to ensure work is a place of happiness and meaning for animals? In the case of human workers, we claim to prevent their exploitation by acknowledging their right to freely choose their work and the concomitant prohibition of forced labour. Does the right to self-determination form part of the emancipatory project of ‘animal labour’, too? Should animals be able to decide whether they want to work or not, or what type of work they want to do? These questions form the centre of the first part of this chapter. In the second part, the author explains how animals’ right to self-determination could be secured at work, examining different models of dissent, assent, and consent and the best way to design these to secure animals’ agency, both in theory and practice.

Theology as Work: The Mandatum and the Rights of Labor

Horizons ◽  
2002 ◽  
Vol 29 (1) ◽  
pp. 128-134
Author(s):  
Patrick T. McCormick
Keyword(s):  
Academic Freedom ◽  
Working Conditions ◽  
Common Good ◽  
Catholic Social Teaching ◽  
Social Teaching ◽  
The Common Good ◽  
The Common ◽  
The Right ◽  
The Church ◽  
Safe Working

ABSTRACTMany oppose the mandatum as a threat to the academic freedom of Catholic scholars and the autonomy and credibility of Catholic universities. But the imposition of this juridical bond on working theologians is also in tension with Catholic Social Teaching on the rights and dignity of labor. Work is the labor necessary to earn our daily bread. But it is also the vocation by which we realize ourselves as persons and the profession through which we contribute to the common good. Thus, along with the right to a just wage and safe working conditions, Catholic Social Teaching defends workers' rights to a full partnership in the enterprise, and calls upon the church to be a model of participation and cooperation. The imposition of the mandatum fails to live up to this standard and threatens the jobs and vocations of theologians while undermining this profession's contribution to the church.

OSTVARIVANjE PRAVA NA KOLEKTIVNO PREGOVARANjE U REPUBLICI SRBIJI

2021 ◽  
pp. 99-112
Author(s):  
Bojan Urdarević ◽  
Keyword(s):  
Collective Bargaining ◽  
Working Conditions ◽  
Legal Framework ◽  
Academic Community ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
Conflicting Interests ◽  
Collective Negotiations ◽  
The One ◽  
The Right

Freedom of association and the right to collective bargaining are fundamental rights of workers and a means of achieving a balance between the interests of workers and employers. Through collective bargaining, the parties in the collective negotiations identify common but also mutually conflicting interests and come to a common agreement. In this sense, collective bargaining can be a means of achieving a balance between, on the one hand, employers' desire for greater flexibility at work and on the other hand, the desire of employees to adapt their obligations and needs. It is important to note that the success of collective bargaining depends largely on the economic, institutional, political and legal framework in which collective negotiations between unions and employers take place. For this reason, the level of development of collective bargaining and social dialogue is different from state to state. Today, the right to collective bargaining has become widely recognized in the academic community as a key instrument for regulating working conditions and relations between employers and workers in a way that ensures fairer distribution of funds, improves working conditions and preserves the dignity of workers,but also institutionalizes industrial conflicts.

scholarly journals Actual problems of application of labor protection rules of the Labor Code of the Russian Federation and the ways of solutions

2018 ◽  
Vol 2 (1) ◽  
pp. 63-68
Author(s):  
Roman V. Kirsanov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Legal Regulation ◽  
Labor Protection ◽  
Employment Contract ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Right ◽  
Safe Working

The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.

The Soviet Approach to the Right of Peoples to Self-determination: Russia’s Farewell to jus publicum europaeum

2017 ◽  
Vol 19 (2) ◽  
pp. 200-218 ◽  
Author(s):  
Lauri Mälksoo
Keyword(s):  
International Law ◽  
20Th Century ◽  
Theory And Practice ◽  
Self Determination ◽  
The West ◽  
The Real ◽  
Liberal Democratic ◽  
History Of ◽  
History Of International Law ◽  
The Right

The aim of this article is to explore the theory and practice of the Soviet position on the right of peoples to self-determination in 1917 and afterwards. It is a misunderstanding to mention Lenin’s (the Bolsheviks’) and Wilson’s concepts of self-determination in one breath, as ‘precursors’ in international law. The Soviet concept of the right of peoples to self-determination was adopted for tactical and propagandistic purposes, and it had little in common with the liberal democratic concept of this right that saw the right of peoples to self-determination as an end in itself. The real contribution of the Russian Bolsheviks to the history of international law has, to some extent, been overlooked. Throughout the 20th century, the West and the ussr had different regional standards and usages of the right of peoples to self-determination, thus presenting a continuous challenge to the idea of the universality of international law.

scholarly journals International Law, Western States, Third World States, and the Principles of Right to Economic Self-Determination

2020 ◽  
Vol 7 (2) ◽  
pp. 195-215
Author(s):  
Brian-Vincent Ikejiaku
Keyword(s):  
Economic Development ◽  
International Law ◽  
International System ◽  
Well Being ◽  
Theory And Practice ◽  
Policy Implications ◽  
Self Determination ◽  
Economic Exploitation ◽  
Theoretical Approaches ◽  
The Right

In practice, international law appears to have worked against those principles that accord the people of a State the right to economic self-determination, such as the principle of free choice in economic development. This paper argues that the exercise of the right to economic self- determination (particularly economic development freedom or free economic development) has been hampered, and has not been freely pursued in practice by developing countries, due to hegemonic control, economic exploitation and domination by the ‘powers that be’ within the international system. This research examines those principles of international law that accord the peoples of a State the right to free economic development, both in theory and practice; it also provides insights into legal policy implications and the prospects of international law in this area. This paper utilises the well-being and liberal-economic legal theoretical approaches, and interdisciplinary and critical-analytical perspectives, within the framework of international economic law and development.

scholarly journals Obaveza ljekara na pružanje medicinskih usluga v. prigovor savjesti u medicini

2021 ◽  
pp. 168-185
Author(s):  
Maja Čolaković ◽  
Keyword(s):  
Medical Practice ◽  
Religious Beliefs ◽  
Medical Service ◽  
Healthcare Providers ◽  
Conscientious Objection ◽  
Theory And Practice ◽  
Self Determination ◽  
Medical Services ◽  
Moral Beliefs ◽  
The Right

The patient's right to available and accessible healthcare is correlated with the physician's obligation to provide the appropriate medical services. More recently, in medical practice in several countries, there have been an increasing number of cases where physicians (and other healthcare providers) refuse to provide a specific medical service, referring to their religious and moral beliefs i.e. the right to conscientious objection. Do physicians violate their professional obligation to act for the benefit of the patient and provide the necessary medical services? Does this interfere with the patient's right to self-determination and his other rights? Does this lead to discrimination against patients and indirect imposition of physicians' moral and religious beliefs? These are just several questions raised in theory and practice due to the conscientious objection in medicine. This paper explores the doctrinal and legislative approaches of the right to conscientious objection in medicine in Europe and worldwide.

scholarly journals NATIONAL SELF-DETERMINATION IN THEORY AND PRACTICE

2019 ◽  
Author(s):  
В.Д. Дзидзоев
Keyword(s):  
International Law ◽  
The United States ◽  
Complex Problem ◽  
Theory And Practice ◽  
Self Determination ◽  
Independent State ◽  
South Ossetia ◽  
The Usa ◽  
The Republic ◽  
The Right

В статье рассматривается, сложная проблема национального самоопределения народов. В современном международном праве, как известно, признаются два кардинально противоположных подхода к решению данной про блемы. Первый подход связан с территориальной целостностью государств, ко торая признается международным правом и уставом ООН, а второй с правом нации на самоопределение вплоть до отделения и возникновения нового незави симого государства. В то же время от влиятельных государств земного шара, а не от международного права зависит, признавать то или иное вновь образо вавшееся государство или не признавать. Классическим примером в этом плане служит Республика Косово, чью независимость признали США и другие государ ства, а независимость Абхазии и Южной Осетии признала РФ и еще несколько государств. The article deals with the complex problem of national selfdetermination of peoples. Modern international law, as we know, recognizes two radically opposite approaches to the solution of this problem. The rst approach is related to the territorial integrity of States, which is recognized by international law and the UN Charter, and the second to the right of a nation to selfdetermination up to the separation and emergence of a new independent state. At the same time, it is up to the in uential States of the world, not international law, to recognize a newly formed state or not to recognize it. Classic examples in this regard are the Republic of Kosovo, separated with the help of the United States, great Britain and other States from Serbia, as well as Abkhazia and South Ossetia, separated from Georgia. The independence of Kosovo was recognized by the USA and other States, and the independence of Abkhazia and South Ossetia was recognized by Russia and some other States.

Implementing Indigenous Self-Determination

2019 ◽  
pp. 97-137
Author(s):  
Rauna Kuokkanen
Keyword(s):  
Everyday Life ◽  
State Funding ◽  
Theory And Practice ◽  
Indigenous Women ◽  
Self Determination ◽  
The Political ◽  
Language And Culture ◽  
The Everyday ◽  
The Right ◽  
Women’S Views

Indigenous self-government is the political theory and practice of the right to self-determination. It is a political arrangement that enables a group to govern themselves according to their own will and through their own institutions. This chapter considers the degree of Indigenous self-determination in the three regions through participant discussions. In spite of increasing participation of Indigenous women in formal politics and their involvement in self-determination struggles from the outset, literature and scholarship especially from a comparative perspective on Indigenous women’s views on self-government remains next to nonexistent. Yet there are a number of similarities globally between Indigenous women’s struggles for political voice, representation, and rights and against the imposition and internalization of colonial patriarchal policies and laws. This chapter fills the gap by examining Indigenous women’s views on the current efforts of implementing indigenous self-determination and the ways in which the efforts have a connection to the everyday life of individuals. It begins with Greenland, with the most extensive self-government arrangements, and concludes with the Sámi Parliaments, whose authority is largely limited to consultation with the state and administration of state funding to Sámi language and culture.

The Right to Strike and Contestatory Citizenship

2018 ◽  
pp. 229-251
Author(s):  
Alan Bogg ◽  
Cynthia Estlund
Keyword(s):  
Collective Bargaining ◽  
Freedom Of Expression ◽  
Freedom Of Association ◽  
Basic Liberty ◽  
Philosophical Foundations ◽  
Dominant Strategies ◽  
The Us ◽  
Forced Labour ◽  
The Uk ◽  
The Right

Is the right to strike a fundamental right? If so, what are its philosophical foundations? This chapter argues that the right to strike is a fundamental right resting upon three basic liberties: freedom from forced labour, freedom of association, and freedom of expression. In so doing, it challenges and rejects two dominant strategies in arguing for a fundamental right to strike: (a) that the right is derivative of a single basic liberty; (b) that the right is derivative of a right to collective bargaining. The contours of these basic liberties are developed using the republican ideal of non-domination and contestatory citizenship. Having defended a republican account of the philosophical foundations of the right to strike, the chapter then uses that framework to explore how the basic regulatory questions of a ‘right to strike’ have been addressed in Canada, the UK, and the US.

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