scholarly journals Governance of the Young Unemployed – A Comparative Study of the United Kingdom, Germany and Norway

2018 ◽  
Vol 5 (4) ◽  
pp. 317-377
Author(s):  
Aina A. Kane ◽  
Julia Köhler-Olsen
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Legal Framework ◽  
Social Citizenship ◽  
Human Right ◽  
National Legislation ◽  
The United Kingdom ◽  
Substantive Equality ◽  
Professional Discretion ◽  
Individual Professional

In this article, we focus on how the United Kingdom, Germany and Norway govern and balance young unemployed claimants’ right to social benefits with conditions of compulsory activities, with the aim of their transition into employment. In the three countries mentioned, we have examined and compared the national legislation and regulations, as well as how case workers in job centres experience these tools in their work with activating the young unemployed.Balancing the individuals’ right of benefits with the job centre’s right and duty to impose conditions and activities as well as to sanction non-compliance, is also a matter of balancing national legislation with international human rights instruments. We have therefore analysed the three countries’ legislation and job centre conduct in light of the human right to non-discrimination and equality.To find answers to our research questions, we have studied the legal framework and human rights instruments addressing social security, conditionality and non-discrimination, and interviewed caseworkers regarding their leeway for individual professional discretion.We find that the human right of substantive equality is challenged in all three countries. Claimants’ commitments can entail stigma, stereotyping and shame, legislation can fail to provide the leeway necessary for accommodating for differences between the individuals, and sanctioning can represent a system of paternalism rather than social citizenship.

scholarly journals United Kingdom Criminal Records Scheme: a case of discrimination without justification?

IusLabor ◽  
2020 ◽  
Author(s):  
Iris Rosario
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Legal Framework ◽  
European Convention ◽  
International Labor Organization ◽  
Criminal Records ◽  
Social Reintegration ◽  
The United Kingdom ◽  
International Labor ◽  
Undue Burden

This paper critically examines criminal records policies in the United Kingdom and explains how they constitute an undue burden on the convicted in their path to social reintegration. It shows the limits of the European Convention of Human Rights, the European Charter of Human Rights and the International Labor Organization legal framework to accomplish the reintegration of ex-offenders into society. Finally, it proposes the reevaluation of these types of schemes, since they do not achieves their principal objective of make our societies more secure places.

scholarly journals Assessing the responsibilities of the United Kingdom and Mauritius towards the Chagossians under international law

Afrika Focus ◽  
2016 ◽  
Vol 29 (2) ◽  
pp. 39-57
Author(s):  
Darsheenee Raumnauth ◽  
Roopanand Mahadew
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Legal Framework ◽  
Essential Condition ◽  
The Past ◽  
The United Kingdom ◽  
History Of ◽  
British Colonial ◽  
Colonial Master

This article reviews the obligations under international law of the United Kingdom and Mauritius towards the Chagossians. With the detachment of Chagos from Mauritius as an essential condition for the independence of Mauritius from the British colonial master, the Chagossians have, over the past four decades, endured enormous human rights violations . This article assesses the responsibility of the two states vis-à-vis the Chagossians. A comprehensive factual account is first presented to clarify understanding of the history of Chagos. The legal framework is then analysed to assess the responsibility of each state, before a number of recommendations are made.

scholarly journals Assessing the responsibilities of the United Kingdom and Mauritius towards the Chagossians under international law

Afrika Focus ◽  
2016 ◽  
Vol 29 (2) ◽  
Author(s):  
Darsheenee Raumnauth ◽  
Roopanand Mahadew
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Legal Framework ◽  
Essential Condition ◽  
The Past ◽  
The United Kingdom ◽  
History Of ◽  
British Colonial ◽  
Colonial Master

This article reviews the obligations under international law of the United Kingdom and Mauritius towards the Chagossians. With the detachment of Chagos from Mauritius as an essential condition for the independence of Mauritius from the British colonial master, the Chagossians have, over the past four decades, endured enormous human rights violations. This article assesses the responsibility of the two states vis-à-vis the Chagossians. A comprehensive factual account is rst presented to clarify understanding of the history of Chagos. The legal framework is then analysed to assess the responsibility of each state, before a number of recommendations are made. Key words: Chagos, Mauritius, United Kingdom, British Indian Ocean territories 

scholarly journals A Conceptual Legal Framework for privacy, accountability and transparency in visual surveillance systems.

2011 ◽  
Vol 8 (4) ◽  
pp. 455-470 ◽  
Author(s):  
Nick Taylor
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Video Surveillance ◽  
Legal Framework ◽  
Visual Surveillance ◽  
European Convention ◽  
Surveillance Systems ◽  
The United Kingdom

The United Kingdom uses visual surveillnace techniques on a huge scale, but its rewgulation of those techniques has been sadly lacking. This paper seeks to consider the extent to which the European Convention on Human Rights (ECHR) provides an overarching framework for the regulation of visual surveillance practices, both overt and covert, thereby bringing about the conditions for accountability and transparency, and to critically analyse the extent to which UK law operates within that framework so far as it applies to video surveillance.

scholarly journals Discrimination on the grounds of sexual orientation: A comparison between the United Kingdom and New Zealand

2021 ◽  
Author(s):  
◽  
Joshua Charles Raymond Aird
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Sexual Orientation ◽  
New Zealand ◽  
Advantages And Disadvantages ◽  
The United Kingdom ◽  
Substantive Equality ◽  
Similar Fact ◽  
The Way

<p>This paper compares the way in which the United Kingdom and New Zealand approach discrimination claims on the ground of sexual orientation. This paper uses the recent judgment in the case of Bull v Hall as an avenue to explore this issue contrasting it with a similar fact situation in New Zealand, the Pilgrim Planet Lodge discrimination. This paper illustrates that the majority in Bull v Hall were able to take a substantive equality approach to their reasoning. This approach is the most consistent with the principle of nondiscrimination. The paper then focuses on the legislative and process differences in the United Kingdom and New Zealand and the results they produce. Finally by looking and the advantages and disadvantages of both approaches this paper concludes that to build a human rights culture and respect the principle of non-discrimination there needs to be more availability of pubic litigation of discrimination claims.</p>

scholarly journals Ο άγαμος μοναχικός άντρας και η πρόσβασή του στην ιατρικώς υποβοηθούμενη αναπαραγωγή στην Ελλάδα και στο Ηνωμένο Βασίλειο

Bioethica ◽  
2016 ◽  
Vol 2 (2) ◽  
pp. 36
Author(s):  
Μαριάννα Βασιλείου (Marianna Vassiliou)
Keyword(s):  
United Kingdom ◽  
Assisted Reproduction ◽  
Case Law ◽  
Legal Framework ◽  
Single Women ◽  
Surrogate Motherhood ◽  
Human Right ◽  
Medically Assisted Reproduction ◽  
The United Kingdom ◽  
The Right

This paper compares the legal framework in Greece and the United Kingdom on the issue of access to medically assisted reproduction methods - and to the subsequent acquisition of a child - by a single man. Initially, the human right, particularly the right of a single man, to reproduction is presented. At the same time, the reasons for which legal systems explicitly allow access to medically assisted reproduction only to single women are explained.Then, the legal regime governing the method of surrogate motherhood in both countries is exposed, as this is practically the only method by which a single man can procreate. The presentation of the Greek legal framework follows, a framework which excludes single man from access to medically assisted reproduction, as well as the case law which sought to cover the legal vacuum, by applying in a proportional way the relevant provisions for single women. Then, the rules governing the United Kingdom on the question are analyzed, where the case law has bypassed the non-explicit inclusion of single man to the persons entitled to have a child using the methods of medically assisted reproduction.Finally, as a solution to the issue, the combination of the two systems is proposed, as well as an effective and de facto recognition of the right of single men to having a child with the help of technology.

scholarly journals Discrimination on the grounds of sexual orientation: A comparison between the United Kingdom and New Zealand

2021 ◽  
Author(s):  
◽  
Joshua Charles Raymond Aird
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Sexual Orientation ◽  
New Zealand ◽  
Advantages And Disadvantages ◽  
The United Kingdom ◽  
Substantive Equality ◽  
Similar Fact ◽  
The Way

<p>This paper compares the way in which the United Kingdom and New Zealand approach discrimination claims on the ground of sexual orientation. This paper uses the recent judgment in the case of Bull v Hall as an avenue to explore this issue contrasting it with a similar fact situation in New Zealand, the Pilgrim Planet Lodge discrimination. This paper illustrates that the majority in Bull v Hall were able to take a substantive equality approach to their reasoning. This approach is the most consistent with the principle of nondiscrimination. The paper then focuses on the legislative and process differences in the United Kingdom and New Zealand and the results they produce. Finally by looking and the advantages and disadvantages of both approaches this paper concludes that to build a human rights culture and respect the principle of non-discrimination there needs to be more availability of pubic litigation of discrimination claims.</p>

The Future of Religious Freedom

2017 ◽  
Author(s):  
Russell Sandberg
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Religious Freedom ◽  
European Convention ◽  
Human Right ◽  
Relational Approach ◽  
The United Kingdom ◽  
European Court ◽  
First Time ◽  
The Way

This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.

Intelligence and the Law in the United Kingdom

2010 ◽  
pp. 639-656 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Legal Framework ◽  
Future Trends ◽  
The United Kingdom ◽  
Security Service ◽  
Intelligence Agencies ◽  
The Government ◽  
Human Rights Standards ◽  
Intelligence Service

This article discusses the legal framework within which security and intelligence agencies operate in the United Kingdom. It first discusses the legislative charters of the three main agencies. Following the discussion on the legislative charters of the Security Service (M15), the Secret Intelligence Service (SIS or M16), and the Government Communications Headquarters (GCHQ), the article discusses the accountability these three agencies to the ministers, Parliament, and the judiciary. The article concludes with a discussion on the significant impact of human rights standards upon the agencies's work and current and future trends.

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