scholarly journals Comparative Discrimination Law: Age as a Protected Ground

2018 ◽  
Vol 2 (1) ◽  
pp. 1-99
Author(s):  
Lucy Vickers
Keyword(s):  
South Africa ◽  
Social Justice ◽  
Labour Market ◽  
Case Law ◽  
Age Discrimination ◽  
Individual Identity ◽  
The Social ◽  
Comparative Review ◽  
Market Driven ◽  
The Law

AbstractThis comparative review of age as a protected ground in discrimination law explores the underpinning questions and themes related to two main dimensions of age discrimination. The first dimension is structural, economic and labour market driven, whereby age is used to allocate a range of rights, obligations and benefits within society. The second is the social justice and equality dimension, in which age is understood as an aspect of individual identity that is worthy of protection against indignity or detriment. The review then considers the law on age discrimination in a number of jurisdictions, the EU law, the UK, Sweden, USA, Canada and South Africa, and assesses the extent to which the underpinning questions explain the developing case law.

scholarly journals Race, class and violent crime in South Africa: Dispelling the ‘Huntley thesis’

2016 ◽  
Author(s):  
Gavin Silber ◽  
Nathan Geffen
Keyword(s):  
South Africa ◽  
Social Justice ◽  
Violent Crime ◽  
Poor People ◽  
Community Based ◽  
The Social ◽  
Distribution Of Resources ◽  
New Community ◽  
Basic Infrastructure

Brandon Huntley was granted asylum in Canada earlier this year based on the argument that whites are disproportionately affected by crime in South Africa. The decision was generally condemned, but it did receive support from various groups and individuals including Afriforum, the Freedom Front and James Myburgh (editor of Politicsweb). In this article we show the flaws in Huntley's argument by presenting evidence from several sources that demonstrate that black and poor people are disproportionately the victims of violent crime in South Africa. We are concerned that painting whites as the primary victims of South Africa's social ills is unproductive, ungenerous and potentially hampers the appropriate distribution of resources to alleviate crime. Furthermore, in order to move the debate on crime in South Africa into a more productive direction, we also describe the Social Justice Coalition (SJC) – a relatively new community based organisation that aims to mobilise communities around improving safety and security for all in South Africa, regardless of race or income. Campaigning for novel pragmatic and coordinated community and government responses to the broader lack of safety and security in the country, the SJC focuses on the introduction and development of basic infrastructure and services as a means of reducing crime.

Moral and Instrumental Rationales for Affirmative Action in Five National Contexts

2010 ◽  
Vol 39 (3) ◽  
pp. 211-228 ◽  
Author(s):  
Michele S. Moses
Keyword(s):  
United States ◽  
South Africa ◽  
Social Justice ◽  
Affirmative Action ◽  
News Media ◽  
The United States ◽  
Social Contexts ◽  
Court Decisions ◽  
State Legislation ◽  
The Social

The author’s primary aims are to clarify the differing rationales for affirmative action that have emerged in five nations—France, India, South Africa, the United States, and Brazil—and to make the case for the most compelling rationales, whether instrumentally or morally based. She examines the different social contexts surrounding the establishment and public discussion of each nation’s policy. Next, she examines four justifications for affirmative action in these nations: remediation, economics, diversity, and social justice. She offers philosophical analysis of the justifications for affirmative action in each country and synthesizes federal and state legislation, court decisions, news media sources, and research-based scholarship. She argues that the social justice rationale ought to be invoked more centrally, underscoring affirmative action’s role in fostering a democratic society.

scholarly journals THE CONSTITUTIONAL DUTY TO ENGAGE IN COLLECTIVE BARGAINING

Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Angela Patricia Molusi
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
Case Law ◽  
Labour Relations ◽  
The Law

The law regarding collective bargaining in South Africa has been interpreted in two ways; the Labour Relations Act (LRA) refers to a duty to bargain collectively, while the Constitution refers to a right to engage in collective bargaining. These two interpretations have been subjected to judicial criticism (SANDU v Minister of Defence 2003 3 SA 239 (T) I; SANDU v Minister of Defence 2004 4 SA 10 (T) II; and Minister of Defence v SANDU 2007 1 SA 422 (SCA) III (hereafter “SANDU I, II and III”)). These cases are relevant in terms of the courts’ interpretation of collective bargaining as a duty or freedom. They are currently the main cases dealing with this issue in South Africa. This has created doubt as to whether the distinction provides an acceptable basis to use the terms interchangeably, both by the courts as well as those involved in collective bargaining. The purpose of this paper is firstly to sketch the landscape of South Africa’scollective bargaining jurisprudence, touching on the current legislation and secondly to give an overview of why collective bargaining is a necessary tool to balance power in the workplace. I shall examine the discourse as to whether the term “collective bargaining” creates a duty to participate (which can mean compelled) in collective bargaining on the part of the employer, as opposed to a right to engage in collective bargaining (which is voluntary). Lastly, the author will attempt to show the thread of how the courts have answered the question in case law.

scholarly journals Relacja prawa i moralności z prawnego punktu widzenia. Moralność partykularna a moralność kooperatywna

2020 ◽  
pp. 42-53
Author(s):  
Jerzy Leszczyński
Keyword(s):  
Point Of View ◽  
The Other ◽  
Individual Identity ◽  
Michael Walzer ◽  
Public And Private ◽  
Legal Problems ◽  
The Social ◽  
Law And Morality ◽  
The Law

This article describes the relation between law and morality when applied to solving legal problems. The relation in question is not understood solely as a conflict between law and morality which implies a need to decide in favour of one or the other. Indeed, moral substance of law make references to morality not only possible but necessary. The limit for those references is established by the principle of equality before the law. Moreover, an internal diversification of morality is analyzed. Some part of it needs to be secured by law, which in itself does not harm the social or individual identity, that is, public and private morality is distinguished, then minimal and maximal morality – concepts proposed by Michael Walzer. This idea, approached from a legal point of view, leads to the formulation of what seems the best-founded proposal: particular and cooperative morality.

scholarly journals Interface of Law and Medicine in Clinical Legal Education: Success story of the Women’s Law Clinic in improving the health of women and ensuring women’s access to Justice in Nigeria

2014 ◽  
Vol 17 ◽  
pp. 49 ◽  
Author(s):  
Kevwe Omoragbon
Keyword(s):  
United States ◽  
South Africa ◽  
Social Justice ◽  
Legal Education ◽  
The United States ◽  
Historical Background ◽  
Access To Justice ◽  
Success Story ◽  
African Countries ◽  
The Social

<p>Specialist law clinics now operate both in the developed and developing world. The historical background of these specialist law clinics can be traced to the United States. They also abound in South Africa, Europe and are fast emerging in several African countries. It is however outside the scope of this paper to describe the wide variety of specialist law clinic models that exist in other countries.</p><p><br />At present in Nigeria, there are seven Nigerian Universities with law clinics. These law clinics in enhancing the social justice frontier have developed projects addressing specific problems; making them specialists in service delivery, but the Women’s Law Clinic, is the only gender specialist law clinic.</p>

Law, Race and Color in South Africa

1974 ◽  
Vol 4 (3) ◽  
pp. 6-11
Author(s):  
Neville Rubin
Keyword(s):  
South Africa ◽  
South African ◽  
Significant Proportion ◽  
Case Law ◽  
Major Constituent ◽  
The South ◽  
Party Government ◽  
The Law ◽  
Keen Observer ◽  
Entire Apparatus

The word "apartheid" does not appear anywhere in the South African statute book, and a keen observer would be hard put to discover its existence anywhere in the formal texts which make up the law. Yet apartheid is deeply embedded in the law of South Africa.In a country in which neither the content nor the administration of the law has ever been free from racial overtones, twenty-five years of continuous rule by the National Party Government have seen to it that the ideology of segregation has been translated into a formidable pattern of legalized racial discrimination. This pattern is to be observed throughout the entire apparatus of the South African legal system. It is written into the constitution and reflected in the legislature. It is a major constituent of the statute law of the country, and decisions as to the manner in which legislation is to be implemented make up a significant proportion of the case law. Apartheid has involved and influenced both the composition and the conduct of the courts, just as it has affected the legal profession and the teaching of law.

Entsendegesetz - eine Aushöhlung der Wirtschaftsordnung

1996 ◽  
Vol 45 (1) ◽  
Author(s):  
Johann Eekhoff
Keyword(s):  
European Union ◽  
Labour Market ◽  
Living Conditions ◽  
Construction Sector ◽  
The European Union ◽  
Economic Implications ◽  
Foreign Companies ◽  
Employment Conditions ◽  
The Social ◽  
The Law

AbstractThis paper examines the economic implications of the posted workers law. The law provides that employment regulations such as minimum wages in the German construction sector are to be applied to both German and foreign companies operating in Germany. By choosing such an interventionist instrument, its impact is rather harmful to the economy, leading actually to an exclusion of Portuguese, Irish and other employees from the German labour market. Thereby the law not only prevents the convergence of living conditions within the European Union but also increases the costs of construction and living in Germany. Another consequence of the law is that the demand for protectionist instruments in other sectors and countries will become stronger. In order to improve the social and employment conditions in Europe, the paper therefore suggests to introduce more instead of less competition in the German labour market.

Manifestation Determination as a Golden Fleece

2001 ◽  
Vol 68 (1) ◽  
pp. 85-96 ◽  
Author(s):  
Antonis Katsiyannis ◽  
John W. Maag
Keyword(s):  
Social Context ◽  
Case Law ◽  
Educational Purpose ◽  
Manifestation Determination ◽  
Alternative Approach ◽  
The Social ◽  
Relevant Case ◽  
Functional Implications ◽  
The Law ◽  
Law And Legislation

Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services will be allowed. However, it is conceptually and methodologically flawed and appears to serve more of a political than educational purpose. In this article, we critique the manifestation determination provision by reviewing relevant case law and legislation, examining the social context surrounding this mandate, and questioning the validity of current approaches for making a manifestation determination. We believe this analysis will corroborate our thesis. Therefore, we conclude this article by proposing an alternative approach for conceptualizing and conducting a manifestation determination that has more functional implications than those currently in use and still addresses the spirit and letter of the law.

Determinants of skills demand in a state- intervening labour market

2017 ◽  
Vol 7 (4) ◽  
pp. 408-422 ◽  
Author(s):  
Khotso Tsotsotso ◽  
Elizabeth Montshiwa ◽  
Precious Tirivanhu ◽  
Tebogo Fish ◽  
Siyabonga Sibiya ◽  
...  
Keyword(s):  
South Africa ◽  
Private Sector ◽  
Labour Market ◽  
South African ◽  
The State ◽  
Transport Sector ◽  
Content Type ◽  
South Africans ◽  
Wage Rates ◽  
The Social

Purpose The purpose of this paper is to improve the understanding of the drivers and determinants of skills demand in South Africa, given the country’s history and its current design as a developmental state. Design/methodology/approach In this study, a mixed methods approach is used. The study draws information from in-depth interviews with transport sector stakeholders including employers, professional bodies, sector regulatory bodies and training providers. Complementary to the interviews, the study also analyses employer-reported workplace skills plans from 1,094 transport sector firms updated annually. A Heckman correction model is applied. Findings The study finds that changes in competition, technology, ageing employees, market conditions and government regulations are among the most frequently stated determinants reported through interviews. Using a Heckman regression model, the study identifies eight determining factors, which include location of firm, size of a firm, occupation type, racial and generational transformation, subsector of the firm, skills alignment to National Qualification Framework, reason for skills scarcity and level of skills scarcity reported. The South African transport sector skills demand is therefore mainly driven by the country’s history and consequently its current socio-economic policies as applied by the state itself. Research limitations/implications Wage rates are explored during stakeholder interviews and the study suggests that wage rates are an insignificant determinant of skills demand in the South African transport sector. However, due to poor reporting by firms, wage rates did not form a part of the quantitative analysis of the study. This serves as a limitation of the study. Practical implications Through this research, it is now clear that the state has more determining power (influence) in the transport sector than it was perceived. The state can use its power to be a more effective enabler towards increasing employer participation in skills development of the sector. Social implications With increased understanding and awareness of state’s influence in the sector, the country’s mission to redress the social ills of the former state on black South Africans stands a better chance of success. Private sector resources can be effectively mobilized to improve the social state of previously disadvantaged South Africans. However, given the economic dominance of the private sector and its former role in the apartheid era in South Africa; too much state influence in a supposedly free market can result in corporate resistance and consequently, market failure which can be seen as result of political interference. Originality/value South Africa has had an unprecedented social and economic trajectory to date. This said, its economic and social policies are unlike what we have observed before. Thus, identification of determinants and understanding of mechanisms of influence, on skills demand in the sector in which an African state plays such a close and active role, is in itself a unique contribution to knowledge and compels us to revisit our traditional assumptions about market behaviour. This study is one of the very few of its kind in the labour market research with a South African context.

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