scholarly journals The Right to Strike by Medical Practitioners

2020 ◽  
Vol 29 (5) ◽  
pp. 65
Author(s):  
Anna Daniluk-Jarmoniuk
Keyword(s):  
Trade Union ◽  
Judicial Review ◽  
Human Life ◽  
Case Law ◽  
Labour Law ◽  
Medical Practitioners ◽  
Legislative Action ◽  
Moral Perspective ◽  
General Clause ◽  
The Right

<p>The right to strike action is one of the fundamental human rights and trade union freedoms. Strike, as a form of protest against broadly understood injustice is one of the most important measures of trade union protection of workers’ interests. However, the right to strike is not absolute and its legal use must often take into account the interests of the employer and third parties. The aim of the article is to assess – basing on a review of the literature and the case-law – the doctors’ right to strike from a legal, ethical and moral perspective. The issue of medical practitioners’ right to participate in a strike is ambiguous in view of the legislation currently in force, and two opposing positions have developed in the collective labour law literature. The problem of the legality of this form of protest of medical practitioners is nowadays left to the assessment of the parties to a collective bargaining dispute, carried out based on the general clause of a possible “threat to human life and health or national security”, with the lack of appropriate judicial review in this regard. It is, therefore, undoubtedly necessary for the legislature to take appropriate <em>pro futuro</em> legislative action.</p>

COHABITANTS IN PRIVATE LAW: TRUST, FRUSTRATION AND UNJUST ENRICHMENT IN ENGLAND, GERMANY AND CANADA

2013 ◽  
Vol 62 (3) ◽  
pp. 629-665 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Intimate Relationships ◽  
Case Law ◽  
Private Law ◽  
Party Autonomy ◽  
Unjust Enrichment ◽  
Legislative Action ◽  
The Law ◽  
Canadian Provinces ◽  
The Right ◽  
English Canadian

AbstractNeither in England, nor in Germany, nor in all Canadian provinces, does the law provide specific rules for the redistribution of property for unmarried cohabitants after the breakdown of their relationship. Instead, courts apply the law of trusts, contract and unjust enrichment with an eye to the characteristics of intimate relationships, as, for example, in decisions like the EnglishJones v Kernott([2011] UKSC 53) and the CanadianKerr v Baranow(2011 SCC 10). This article compares English, Canadian, and German case law and evaluates it both from a doctrinal perspective and as a part of a general approach towards cohabitation. The article concludes with an appeal for legislative action that strikes the right balance between party autonomy and protection of the weaker party.

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

scholarly journals The Reducible Life Imprisonment Standard from a Worldwide and European Perspective

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Davide Galliani
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Judicial Review ◽  
Case Law ◽  
International Level ◽  
European Perspective ◽  
Life Imprisonment ◽  
European Court ◽  
Comparative Methodology ◽  
The Right

AbstractLife Imprisonment, unlike the death penalty, does not attract the attention of the doctrine. There are, however, significant developments in the European Court of Human Rights case law. In this paper, using a comparative methodology, we highlight the standard that, at international level, allows to consider Life Imprisonment compatible with human dignity-that is the right to a substantial judicial review. It is no longer acceptable that the ‘last word’ on the lifers’ early release is still entrusted to political power.

scholarly journals Prawo do naturalnego i godnego umierania

2020 ◽  
Vol 29 (4) ◽  
pp. 221
Author(s):  
Krzysztof Orzeszyna
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Case Law ◽  
European Convention ◽  
Artificial Nutrition ◽  
Artificial Nutrition And Hydration ◽  
The Right To Privacy ◽  
Judicial Practice ◽  
European Court ◽  
The Right

<p>The article addresses the issue of the right to natural and dignified dying in the case-law of the European Court of Human Rights. The right to life enshrined in Article 2 of the European Convention on Human Rights is currently balanced in judicial practice with the right to privacy. The right to effectively demand inflicting death is usually located in the sphere of autonomous human decisions. However, not only is the construction of such a right contrary to the principle of dignity of every person, but it would erode the guarantees vested in any terminally-ill person. The analysis of Strasbourg’s case-law setting a common standard for the ECHR Member States does not make it possible to assume the existence of the right to death as a subjective right of an individual. In the area of the protection of human life, States are obliged to take positive action. That relatively established case-law was clearly modified in the case <em>Lambert and others v. France</em>, as the Court crossed the red line in favour of passive euthanasia, accepting the vague French procedural rules recognizing artificial nutrition and hydration of the patient as a form of therapy that may be discontinued.</p>

scholarly journals Ārstniecības personas tiesības paust savu reliģisko pārliecību darba tiesiskajās attiecībās

2021 ◽  
Vol 2 (20) ◽  
pp. 188-211
Author(s):  
Laura Šāberte ◽  
Dace Tarasova ◽  
Karina Palkova
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Labor Law ◽  
Medical Practitioner ◽  
Case Law ◽  
Medical Rehabilitation ◽  
Freedom Of Religion ◽  
Employment Relations ◽  
Medical Practitioners ◽  
The Right

The rights of medical practitioners are broadly defined in both national and international legislation. The scope of the rights of medical practitioners is evolving along with the development of certain sub-sectors of the field of law. One of the topical issues in the context of the exercise of the rights of medical practitioners is the right of medical practitioners to express their religious beliefs from the Labor law perspective. The right of medical practitioners to freedom of religion is to be seen as part of human rights as well. Member States that have acceded to human rights instruments that protect the right to freedom of religion do not have the right to intervene and take coercive measures to change these views. The right to freedom of religion at the level of human rights applies to a medical practitioner as an individual living in a democratic society and as a person with a medical education who is engaged in medical treatment or prevention, diagnosis and treatment, medical rehabilitation and patient care has rights and obligations within the framework of the activity. The aim of the article is to study the right of medical practitioners to express their religious beliefs in employment relations, as well as to identify problematic issues researching the case law of the CJEU and the ECtHR.

scholarly journals EMPLOYMENT TERMINATION ISSUES WITH AN EMPLOYEE WHO IS A MEMBER OF THE TRADE UNION

2017 ◽  
Vol 4 (81) ◽  
pp. 52
Author(s):  
Dace Tarasova
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
The State ◽  
State Of Health ◽  
Labour Law ◽  
Employment Contract ◽  
Employment Termination ◽  
Continue Employment ◽  
The Right

The aim of the article is to state the main problems concerning employment termination with an employee who is a member of the trade union, and to work out the proposals on solutions of the problematic questions.Problems of termination of issues with and employee who is a member of the trade union are considered in the article. 110 clause the 1 part of the Labour Law determines that an Employer is prohibited to terminate Employment Contract with an Employee who is a member of the trade union if there is no preliminary agreement with a certain trade union. But 101 clause 6 part of the Labour Law determines that an Employer before termination of an Employment Contract has to clarify if an Employee is a member of the trade union. Therefore an Employer needs to ask the trade union for permission to terminate labour relationships with an Employee who is a member of the trade union.101 clause 7 paragraph determines, that an Employer has the right to terminate labour relationship with an Employee, when an Employee is not able to continue employment because of the state of health, and there is a certain medical statement. In this case, before termination of the Employment Contract an Employer has to ask the trade union for permission, but the trade union in this case is not competent enough, because the medical statement was issued by an authorized person. The Trade Union Law came into force in 2014, this Law does not consider the case that trade unions should be united according to the branches, occupations and other principles, that is why in reality Employees could participate in several trade unions or in one, which does not specialize in a certain branch or occupation. The problems also occur in the situations, when an Employee learns that an Employer wishes to terminate Employment Contract. In these situations Employee is looking for possible actions, in order to defence himself and joins the trade union, and becomes its member, and stays there till the problems are solved. 

scholarly journals The Protection of Conscientious Objection against Euthanasia in Health Care

2019 ◽  
Vol 22 ◽  
pp. 1-32
Author(s):  
Adriaan Knoetze ◽  
Shaun De Freitas
Keyword(s):  
South African ◽  
Personal Autonomy ◽  
Human Life ◽  
Medical Practitioner ◽  
The South ◽  
Medical Practitioners ◽  
The North ◽  
Pertinent Question ◽  
Proportionality Test ◽  
The Right

In 2015 the South African judiciary was confronted with the issue of the so-called "right to die", when Robin Stransham-Ford applied to the High Court of South Africa (the North Gauteng Division) for an order to have his life terminated. Although the Supreme Court of Appeal set aside the order (on procedural grounds), the High Court's judgment paved the way towards renewed attention regarding the possible legalisation of euthanasia. A pertinent question arising from this is whether a medical practitioner may be compelled to participate in the administering of euthanasia. Bearing this in mind, this article argues for the protection of the rights of medical practitioners who conscientiously object to participating in the administering of euthanasia, especially where such an objection is based on religious beliefs. From this arises the necessity to investigate the rights applicable both to the medical practitioner and the patient (which focusses on the right to freedom of religion and personal autonomy), the weighing up against one another of the different meanings ascribed to such rights, as well as the postulation of a substantively competitive rationale against the background of the importance and sacredness of human life. This also overlaps with the importance of the endeavour towards higher levels of religious freedoms and consequently of plurality in democratic societies. Applying the proportionality test in the analysis whether a medical practitioner's rights may be reasonably and justifiably limited against the background of administering euthanasia also strengthens the argument for the protection of the medical practitioner's right to object conscientiously to the administering of euthanasia. This, together with the vacuum there is in substantive human rights jurisprudence related to this topic, suggests the importance of this article both for the South African context and beyond.  

Internationalisation of Labour Law: The Lesotho Experience

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Kananelo Mosito
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
International Labour Organization ◽  
Labour Law ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right

This article considers Lesotho’s labour laws in the light of the country’s obligations under international labour standards. It assesses the extent to which the international labour standards have had an impact on the development of labour law in Lesotho. It argues that Lesotho’s various Acts perpetuate the country’s non-compliance with International Labour Organization standards as significant aspects of the Acts still undermine workers’ rights. It contends that Lesotho still has a long way to go towards fulfilling the expectations of the International Labour Organization. After noting the various labour-law concepts in the international labour standards which have had an impact on Lesotho law and reviewing the sources of Lesotho’s obligations to respect the various workers’ rights, the article focuses on the workers’ rights to join trade union organisations, the promotion of free and voluntary collective bargaining and the right to strike. The article concludes that reforms are needed to internationalise Lesotho’s labour law further, in line with International Labour Organization requirements, so that workers’ rights are protected.

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