Enforcement

2021 ◽  
pp. 195-208
Author(s):  
Glynis Craig
Keyword(s):  
Human Rights ◽  
Equal Pay ◽  
Provision Of Services ◽  
Civil Courts

This chapter describes Part 9 of the Equality Act 2010. Part 9 sets out the procedure for seeking redress for contraventions of the Act. The Act deals separately with the civil courts procedure in relation to the provision of services, exercise of public functions, disposal and management of premises, education (other than in relation to disability) and associations, and the procedure of the employment tribunal in relation to work and equal pay. Although Part 9 does not deal with the enforcement powers of the Equality and Human Rights Commission which are set out in Part 1 of the Equality Act 2006, these are summarized for completeness. Part 10 is also included in respect of the enforcement of discriminatory terms in contracts and agreements.

The Development of Singapore’s Military Justice System

2016 ◽  
Vol 20 (3-4) ◽  
pp. 186-218
Author(s):  
Joshua Matthew Goh
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Justice System ◽  
English Court ◽  
Military Justice ◽  
The United Kingdom ◽  
European Court ◽  
Global Trend ◽  
Justice Systems ◽  
Civil Courts

The global trend towards civilianization of military justice systems has had its own unique impact on Singapore’s brand of military justice, in particular its mode of trial by General Court-Martial. This paper explores the development of Singapore’s military justice system since Singapore’s independence, comparing it to developments in the United Kingdom and Canada, two countries that have also civilianized their military justice systems with input from their civil courts, and in the case of the uk, the European Court of Human Rights. These jurisdictions provide a useful comparison on the progress of Singapore’s civilianization reform given both their shared origin of military justice in the English court-martial system and the focus of all three jurisdictions on better protecting the rights of accused servicemen.

Human Rights Activists and the Question of Sex Discrimination in Postwar Ontario

2021 ◽  
Vol 102 (s3) ◽  
pp. s802-s824
Author(s):  
Ruth A. Frager ◽  
Carmela Patrias
Keyword(s):  
Human Rights ◽  
Sex Discrimination ◽  
Religious Discrimination ◽  
Government Officials ◽  
Employment Practices ◽  
Equal Pay ◽  
Fair Employment ◽  
Equal Work ◽  
The Government ◽  
Equal Pay Act

This article examines the varied understandings of human rights in Ontario in the immediate aftermath of the Second World War. The article compares the social origins and implementation of Ontario’s Fair Employment Practices Act – which combatted racist and religious discrimination – with Ontario’s Female Employees Fair Remuneration Act – which mandated equal pay for women who did the same work as men. Although a few feminists called for the Fair Employment Practices Act to prohibit sex discrimination as well, their pleas fell mainly on deaf ears in this period. Men and women who fought against racist injustice were frequently unaware of gender injustice, for they, like so many others, subscribed to the deeply embedded ideology of the family wage. Conversely, some of the most outspoken advocates of women’s rights were unconscious of – or chose to ignore – racism. At the same time, some of the most committed advocates of equal pay for equal work actually reinforced certain conventional assumptions about men’s gender privilege at work and at home. Moreover, while the enforcement of both acts was constrained by the conciliatory framework embedded within them, the government officials who were charged with applying both acts interpreted the equal pay act quite narrowly and were significantly more diligent in tackling racist and religious employment discrimination.

Ethical Dilemmas in Researching a NGO Supporting Street Children

2006 ◽  
Vol 28 (4) ◽  
pp. 26-30 ◽  
Author(s):  
Karen Flynn ◽  
Mustafa Kudrati
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
Structural Changes ◽  
Ethical Dilemmas ◽  
Street Children ◽  
Political Influence ◽  
Provision Of Services ◽  
Development Context ◽  
The Will

The diversity of NGOs makes it difficult to generalize, yet all have common origins in an individual with a dream and the will to establish an organization capable of providing a vital service for oneself or others. Less common are shared perspectives on what constitutes a "vital service." In the development context, provision of services is seen as the officially sanctioned role of NGOs, whereas many prefer to see themselves also as human-rights advocates playing watchdog and visionary roles that often demand fundamental structural changes to redress injustice. Ironically these organizations often are highly politicized entities in spite of their claims of an independent and apolitical status. This is certainly the case with many NGOs in Tanzania and else-where that are supported by national, international, bilateral, and/or multilateral funders (for a succinct discussion of historical and contemporary NGOs in East Africa see Fowler (1995)). Some of these NGOs garner huge sums; approximately 20 of the largest and most powerful NGOs operate on multimillion-dollar annual budgets. The politicization of Tanzanian NGOs also is fostered by their dependence on the government's acceptance of their activities. Because many of the most effective NGOs are major conduits of expertise and agenda setting in today's emerging processes of global governance, this political influence also can extend well beyond the nation's borders.

3. The court system of England & Wales

2020 ◽  
pp. 71-101
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Legal System ◽  
European Court Of Justice ◽  
Court System ◽  
Criminal Courts ◽  
English Court ◽  
Court Of Justice ◽  
European Court ◽  
Civil Courts

This chapter outlines the court system of England & Wales, first explaining key themes and concepts that are essential for understanding the structure and mechanics of the English courts. It then discusses the criminal courts and civil courts of England and Wales; other courts and forums that have significance in the English legal system, such as the European Court of Human Rights and the European Court of Justice, but are not part of the English court system; and alternatives to litigation (alternative dispute resolution, arbitration, Ombudsmen, and negotiation).

After Pinochet: Foreign Sovereign Immunity in Respect of Serious Human Rights Violations - The Decision of the European Court of Human Rights in the Al-Adsani Case

2002 ◽  
Vol 3 (6) ◽  
Author(s):  
Markus Rau
Keyword(s):  
Human Rights ◽  
The United States ◽  
Federal Courts ◽  
Class Action ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Universal System ◽  
International Human ◽  
Civil Courts ◽  
The U.S

For want of an effective and accessible universal system for redress of international human rights abuses, victims of human rights violations increasingly seek reparations in domestic civil courts. In the United States in particular, the federal courts, since the 1980 Filártiga decision of the U.S. Court of Appeals for the Second Circuit, have already decided on a remarkable number of civil suits alleging human rights violations committed abroad, the most recent example of this trend being a class action of members and supporters of opposition political groups in Zimbabwe who invoke the so-called Alien Tort Claims Act (ATCA) against President and Foreign Minister Robert Mugabe with respect to alleged acts of torture. According to the proponents of such lawsuits, international human rights litigation in domestic civil courts can serve as an important tool in the worldwide effort to enforce international norms concerned with the protection of the individual which may complement criminal prosecutions of the offenders. As stated by Professor Stevens, who has litigated many of the international human rights cases in the U.S. federal courts, \\\“civil lawsuits for human rights violations […] serve a role similar to tort litigation in a domestic forum: to offer victims of violence a legal remedy which they control and which may satisfy needs not met by the criminal law system.\\\”

scholarly journals Psychological therapies, older people and human rights

2009 ◽  
Vol 33 (5) ◽  
pp. 184-186 ◽  
Author(s):  
Claire Hilton
Keyword(s):  
Human Rights ◽  
Older People ◽  
Mental Illnesses ◽  
Psychological Therapies ◽  
Provision Of Services ◽  
Additional Funding ◽  
Working Age ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government

SummaryAdditional funding has recently been made available by the government for the treatment of anxiety and depression. However, this is targeted towards people of working age, to reduce expenditure on incapacity benefit. That older people with the same mental illnesses do not receive equitable access to psychological therapies contradicts other recent government recommendations. Economic data appears to hugely influence provision of services for this group of users, but is this appropriate and humane? the Human Rights Act 1998 (Chapter 42) has been largely ignored in the provision of mental health services for older people, and the centrality of this legislation needs further consideration.

scholarly journals Discrimination and Human Rights: An Overview of Remedies

1970 ◽  
Vol 18 (3) ◽  
Author(s):  
Peter Kiely
Keyword(s):  
Human Rights ◽  
Practical Significance ◽  
Equal Pay ◽  
Public Places ◽  
Employment Contracts ◽  
Goods And Services ◽  
Human Rights Act ◽  
Equal Pay Act ◽  
Gender Based ◽  
Alternative Routes

Up until 10 August 1993, New Zealand's anti-discrimination law consisted of three statutes: The Employment Contracts Act 1991, The Race Relations Act 1971 and The Human Rights Commission Act 1977. There is also the Equal Pay Act 1972, which abolished gender based wage differentials in industrial awards but this is of less practical significance now and accordingly is not considered further. The Human Rights Act 1993 repeats and replaces the latter two Acts from 1 February 1994. The new Act provides protection from discrimination not only in the employment relationship, but also in such areas as the provisions of goods and services, accommodation, advertising and access to public places. In the employment context, the new Act mirrors the protection provided by the Employment Contracts Act and in some areas strengthens it. The two Acts stand alongside one another providing alternative routes for the aggrieved employee. The existence of two regimes means that an act of discrimination may result in proceedings under either statute with different remedies. It is therefore necessary to examine both statutes when considering remedies.

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 Human Rights Violations and Violent Internal Conflict

2019 ◽  
Vol 8 (2) ◽  
pp. 41
Author(s):  
David Cingranelli ◽  
Skip Mark ◽  
Mark Gibney ◽  
Peter Haschke ◽  
Reed Wood ◽  
...  
Keyword(s):  
Human Rights ◽  
Economic Life ◽  
Internal Conflict ◽  
Equal Pay ◽  
Econometric Methods ◽  
Increased Risk ◽  
Political Office ◽  
Equal Work ◽  
High Level ◽  
Horizontal Inequalities

This research project uses econometric methods and comparative, cross-national data to see whether violations of human rights increase the likelihood of the onset or escalation of violent protest, terrorism and/or civil war. The findings show that these types of violent internal conflict will occur and escalate if governments: (1) torture, politically imprison, kill, or “disappear” people, (2) do not allow women to participate fully in the political system, including allowing them to hold high level national political office, and (3) do not allow women to participate fully in the economic life of the nation by ensuring equal pay for equal work, by encouraging their entry to the highest paid occupations, and by protecting them from sexual harassment at their workplaces. These types of violations of human rights and the existence of large horizontal inequalities in societies independently produce an increased risk of the onset and escalation of many forms of violent internal conflict. The results also provide some evidence for the argument that there is a trade-off between liberty and security.

Muslim Family Laws in Israel and Greece: Can Non-Muslim Courts Bring about Legal Change in Shari‘a?

2018 ◽  
Vol 25 (3) ◽  
pp. 235-273 ◽  
Author(s):  
Yüksel Sezgin
Keyword(s):  
Human Rights ◽  
Indirect Effect ◽  
Family Law ◽  
Democratic Regime ◽  
Muslim Majority ◽  
Civil Courts ◽  
Religious Courts ◽  
Hypothetical Question ◽  
Muslim Family

Should a democratic regime formally incorporate religious laws and courts into its otherwise secular legal system? This is not a hypothetical question. Some democratic nations already formally integrate religion-based laws in the field of family law (especially Muslim Family Law – MFL). Although state-enforced MFLs often affect human rights negatively, many governments, especially non-Muslim majority ones, have refrained from direct legislative interventions into substantive MFLs. Instead they have empowered civil courts to play the role of “reformer.” But how successful have civil judiciaries in non-Muslim regimes been in “reforming” Muslim laws? On the basis of an analysis of the MFL jurisprudence of Israeli and Greek civil courts over the last three decades, I argue that civil courts could not have brought about any direct changes in Muslim law, however, they have had an indirect effect by pressuring religious courts/authorities to undertake self-reform.


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