The Relationship Between the Right to Work in the Korean Constitution and Basic Income

2019 ◽  
Vol 54 (4) ◽  
pp. 225-257
Author(s):  
Seok-Han Hong
Keyword(s):  
Basic Income ◽  
Right To Work ◽  
The Right ◽  
The Relationship

scholarly journals Whose Autonomy is it Anyway? Freedom of Contract, the Right to Work and the General Principles of EU Law

2019 ◽  
Vol 49 (3) ◽  
pp. 285-317
Author(s):  
Niall O’Connor
Keyword(s):  
Fundamental Rights ◽  
Eu Law ◽  
Freedom Of Contract ◽  
Legal Studies ◽  
Right To Work ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Relationship ◽  
The Eu

Abstract Just how significant is the freedom of contract found in Article 16 of the EU Charter of Fundamental Rights for the regulation of the employment relationship? For the first half of its existence, few could have foreseen that Article 16 would soon be at the centre of debates surrounding the place of business freedoms within EU employment law. This has changed in the wake of a number of controversial decisions in which the Court of Justice of the EU relied on Article 16 to undermine the effectiveness of employee-protective legislation. The article begins by setting out the nature of freedom of contract in EU law and its effects in the employment context. This is followed by a consideration of the relationship between the general principles and the Charter. Critical Legal Studies is relied on to show that existing arguments as to the use of Article 16 as a radical tool in the employment context have been both exaggerated and underplayed. Finally, potential counterweights to freedom of contract are examined, notably the right to work as both a general principle and Charter right.

12. Education and work

2017 ◽  
Author(s):  
Coomans Fons
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Education ◽  
International Human Rights ◽  
Cultural Rights ◽  
Right To Work ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.

Laziness and Labor: Variations on a Malevich Theme

2019 ◽  
Vol 29 (1) ◽  
pp. 259-272
Keyword(s):  
Science And Technology ◽  
Essential Elements ◽  
The State ◽  
Point Of View ◽  
John Maynard Keynes ◽  
Economic Problems ◽  
Right To Work ◽  
Starting Point ◽  
The Right ◽  
The Relationship

What idleness, leisure, and free time have in common is that they are the opposite of labor; all three are linked with the cessation or interruption of labor. The article takes Kazimir Malevich’s provocative essay Laziness as the Truth of Mankind (1921) as the starting point for an examination of the complex and fraught issue of the balance between idleness and labor. Malevich redefines idleness as grace, as the point of labor and its peer, and as something that is not only a release from hard labor but that also leads to peace and God. The author proposes a reading of Malevich’s apologetics of idleness in juxtaposition with Marx’s early focus on the issues of human freedom and on alleviating alienation in a newly arranged society, and with Paul Lafargue’s argument that workers would do better to fight for the right to be idle than for the right to work. The comparison with Marx and Lafargue reveals a fundamental flaw in their socialist program of heroic labor, which preserved the exploitation of labor but had the state rather than the capitalists appropriate it. Malevich’s argument comes close to certain insights of John Maynard Keynes in which he envisaged science and technology resolving economic problems by enabling humanity to enter an age of idleness and plenty. Giorgio Agamben’s philosophical deliberations round out the contemporary understanding of the relationship between labor and idleness. From this point of view, laziness and idleness become essential elements of meaningful labor. The option to remain idle, to reject work, to prolong it or to delay its completion are becoming the sine qua non of creative labor worthy of a free person.

Kann das Grundeinkommen die Arbeitslosigkeit abbauen?

2000 ◽  
Vol 22 (2) ◽  
Author(s):  
Ulrich Steinvorth
Keyword(s):  
Natural Resources ◽  
Common Property ◽  
Good Life ◽  
Basic Income ◽  
Theory Of Justice ◽  
Unemployment Compensation ◽  
Right To Work ◽  
The Common ◽  
The Right

AbstractI agree with Van Parijs that a theory of justice must meet the condition of indicating institutions that eliminate compulsory unemployment, but argue that his basic income is another form of unemployment compensation with all the disadvantages such compensations suffer from. In particular, it does not advance real freedom, but is liable to contribute to narrow political ends. I indicate an alternative and explicate, since Van Parijs disregards it, the right to work and its basis in the common property of natural resources. Finally, I compare the two competing conceptions of a good life that underlie his recommendation of a basic income and my rejection of it.

scholarly journals Specific features of the right to associate in trade unions in the republic of Azerbaijan: theoretical and practical analysis

2021 ◽  
pp. 36-41
Author(s):  
Dashqin Majid oglu Ganberov
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Trade Unions ◽  
Public Organizations ◽  
Scientific Article ◽  
Right To Work ◽  
The Republic ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The presented scientific article examines the features of the right to associate in trade unions in the Republic of Azerbaijan. The importance of the creation and activity of trade unions in the development of civil society is substantiated. It is noted, that on the basis of the right to association, various public organizations are being created in society. Within the framework of these organizations, members of the community ensure or defend their common interests. In order to determine the place of the right to associate in trade unions, it is important to analyze the level of its compatibility with other human rights and freedoms. As you know, the right to association is closely related to such social rights as the right to work and rest. Therefore, it was advisable to first determine the relationship of the right of association with these rights. The main goal of the modern state is to ensure the well-being and free development of the individual. Therefore, we can say that in the constitutions of such states, the right to work is separately enshrined. It is important to define the relationship of the right to association with other human rights. This will form a broader understanding of the nature of the right of association. Within the framework of this scientific article, the significant place of the right to association in trade unions is determined among constitutional human rights in the Republic of Azerbaijan. The right to association creates a real opportunity for the realization of other important social and political rights. It is also noted, that the issue of the activity of trade unions is in the center of attention of researchers in many countries. Analyzing the characteristics of trade unions, it is noted, that they are important aspects of civil society. The article also examines the highlights of civil society. It is noted, that civil society consists mainly of public organizations. The level of development of civil society depends on the level of effective activity of public organizations. In this regard, trade unions occupy a special place. These and other issues are comprehensively considered in the presented scientific article.

scholarly journals The Right to Work and the Right to Develop One’s Capabilities

2009 ◽  
Vol 31 (1) ◽  
Author(s):  
Ulrich Steinvorth
Keyword(s):  
Basic Income ◽  
Involuntary Unemployment ◽  
High Productivity ◽  
Liberal Tradition ◽  
Right To Work ◽  
The Right

AbstractI understand the claim that there is a right to work as the claim that involuntary unemployment is an injustice that requires of justice enforcement institutions to stop it. I argue that in present conditions of high productivity it is more consistent with the liberal tradition to proclaim a right to develop one’s capabilities than a right to work. The steps of my argument are: (1) An important though not the only reason for considering unemployment unjust has been what I call the Promethean idea of society. (2) The Promethean idea is implied by the liberal idea of rights. (3) There are two conceptions of the Promethean idea, the centralist and the autonomous one. (4) Only the latter is acceptable. (5) Involuntary unemployment is unjust even if the dole is decently high. (6) The injustice of unemployment can be stopped only by institutions that enable everyone to use their capabilities in realizing the Promethean idea. (7) One such institution is basic income. (8) As employment is not necessary for survival, we should replace the right to work with a right to develop one’s capabilities.

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