scholarly journals Transgender and the Right to Employment in India: Analysing the Trajectories of Discrimination

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 34
Author(s):  
Utkarsh K. Mishra ◽  
Abhishek Negi

<p>This research aims to investigate the trajectories of discrimination these communities face in the employment sector. While doing so, the authors have emphasized that despite a clear mandate of ‘Right to Work’ in the Constitution of India, policymakers, governments, and the Indian judiciary too has been keen only on laying down framework only concerning ‘Rights at work.’ In this sense, the authors opine that India presently lacks a clear employment non-discrimination framework. Even almost all the labor laws of India stipulate rights and duties post-recruitment scenario. There is an apparent lack of pre-recruitment guidelines. In this light, the authors see the Supreme Court’s recent judgment in the NALSA case recognizing the Transgenders as ‘third gender’ and the efforts of the Indian Parliament to frame a law on the protection of the rights of the transgender people as a silver lining in the cloud. This paper highlights the underpinnings of this development by still emphasizing that something needs to be done more on the front.</p><p> </p><p><strong>  </strong><strong>Keywords:</strong> Transgenders; Employment; India.</p>

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.


Author(s):  
Carmen Almagro Martín

ResumenSin duda alguna, en épocas de crisis como la que vivimos desde hace años, que se ha mostrado especialmente intensa en España, el Derecho al trabajo es uno de los que resultan más perjudicados. Se trata de un Derecho fundamental del ser humano y, como tal, aparece recogido en la Declaración Universal de Derechos Humanos, formando parte de ese “ideal común” que todos los pueblos y naciones deben esforzarse en conseguir. En España, el desempleo ha alcanzado niveles tan elevados que se ha convertido en la principal preocupación de los españoles (prácticamente en todas las familias hay al menos un miembro en “paro”). La situación es desoladora, habiéndose llegado a rozar los 6 millones de trabajadores en situación de desempleo, resultando evidente que el país debe continuar la reforma en el ámbito laboral poniendo en práctica políticas activas que permitan la reducción de esta cifra y la normalización del mercado de trabajo. Sin embargo, no menos importante será la adopción de medidas para la protección de los millones de desempleados, que viéndose privados de trabajo, principal fuente de ingresos para la mayoría de ellos, carecen de los recursos necesarios para hacer frente a sus necesidades básicas y las de sus familias.AbstractWithout any doubt, in times of crisis, as the one we have been currently living for years, the right to work has been particularly affected. It is a Fundamental Human Right, as it is expressed in the Universal Declarationof Human Rights, shaping this “common ideal” towards which all the people and nations must try to achieve. In Spain, unemployment has reached such levels that it has become the main subject of preoccupation among Spaniards (in almost all families, there is at least one unemployed individual). The situation is devastating, as almost 6 million of people are unemployed, urging the country to carry on its labour reforms, implementing active policies that enable to reduce this number and to normalize the labour market. It will be also important to adopt some measures to protect millions of unemployed individuals who, having no job, (as the main source of income for them), are lacking the necessary means to cope with the basic needs of themselves and their families. ResumoSem dúvida, em tempos de crise como a que temos vivenciado há anos, e que tem demostrado ser particularmente intensa na Espanha, o direito ao trabalho tem sido particularmente prejudicado. Trata-se de um direito humano fundamental e como tal, aparece na Declaração Universal dos Direitos Humanos, formando parte desse “ideal comum” que todos os povos e nações devem buscar realizar. Na Espanha, o desemprego atingiu níveis tão elevados que se tornou a principal preocupação dos Espanhóis (praticamente todos em todas as famílias lares têm pelo menos um membrosem emprego). A situação é sombria, tendo em vista que há quase 6 milhões de desempregados, exigindo que o país prossiga com suas reformas trabalhistas, implementando políticas públicas ativas que permitam reduzir essa cifra e normalizar o mercado do trabalho. Torna-se importante adotar medidas que protejam os milhões de desempregados que, sem emprego– principal fonte de ingressos para a maioria deles –, carecem dos recursos necessários às suas necessidades básicas e de suas famílias.


Author(s):  
Md. Ashraful Goni ◽  
Mehnaz Hoque

Hijra is a term given to the intersex, hermaphrodite and, transgender people who are part of the Hijra community in Bangladesh. In 2013 Bangladesh government gave the official recognition of Hijras as a third gender community. But the society still thing Hijras are aliens they are not supposed to live in society and have a life. Though Hijras have official recognition of their sexual identity they are far away to get social recognition. Education is a basic need for every single person in the world, and education is the best medium of communication to construct the social identity of a person. According to Bangladesh, education policy education is for all. Hijras are also included in the term ‘all.’ Though they have all the right of being a citizen of the people republic of Bangladesh, we never seen a Hijra in school, college, or any other educational institution. Using a qualitative analysis, this study will focus on why Hijras are not participating in the mainstream education system of Bangladesh though they have official recognition as a third gender community. This paper will also focus on the role of society in making this decimation in the education system.


2021 ◽  
Vol 10 (41) ◽  
pp. 199-210
Author(s):  
Yuliia Chupryna ◽  
Alina Murtishcheva ◽  
Danylo Kravtsov ◽  
Olena Poproshaieva ◽  
Kateryna Zakomorna

In the conditions of proper functioning of society, the settlement of labor relations is a remarkably relevant issue, especially during global crises and shocks. Significant changes in the regulation of this issue in almost all countries have introduced the initiation of quarantine due to the quarantine regime. Fulfilling the duty of states to guarantee the protection and realization of the right to work in special conditions is a priority in ensuring the proper functioning of human life. The object of the study is the constitutional guarantees of the right to work due to the quarantine regime. The purpose of the work is to analyze the constitutional guarantees of the right to work in a COVID-19 pandemic. During the study, the following methods were used: historical, generalization, formal-legal, analysis of normative documents, articles, and monographs, comparative-legal, and the social-legal experiment. As a conclusion of the study, the peculiarities of the transformation of constitutional rights in the context of the Covid-19 pandemic were analyzed. In addition, the results of the analysis of regulations and opinions of several scientists established an extensive system of guarantees of the right to work, clarified problematic issues in the field of ensuring the right to work in a pandemic COVID-19.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


Author(s):  
Monika Lewandowska ◽  
Rafał Milner ◽  
Małgorzata Ganc ◽  
Elżbieta Włodarczyk ◽  
Joanna Dołżycka ◽  
...  

AbstractThere are discrepancies in the literature regarding the course of central auditory processes (CAP) maturation in typically developing children and adolescents. The purpose of the study was to provide an overview of age – related improvement in CAP in Polish primary and secondary school students aged 7–16 years. 180 children/adolescents, subdivided into 9 age categories, and 20 adults (aged 18–24 years) performed the Dichotic Digit Test (DDT), Duration Pattern Test (DPT), Frequency Pattern Test (FPT), Gap Detection Test (GDT) and adaptive Speech-in-Noise (aSpN). The 12-year-olds was retested after w week. We found the age effects only for the DDT, DPT and FPT. In the right ear DDT the 7-year-olds performed more poorly than all groups ≥12. In the left ear DDT both 7- and 8-year-olds achieved less correct responses compared with the 13-, 14-, 15-year-olds and with the adults. The right ear advantage was greater in the 7-year-olds than in the 15-year-olds and adult group. At the age of 7 there was lower DPT and FPT scores than in all participants ≥13 whereas the 8-year-olds obtained less correct responses in the FPT than all age categories ≥12. Almost all groups (except for the 7-year-olds) performed better in the DPT than FPT. The test-retest reliability for all tests was satisfactory. The study demonstrated that different CAP have their own patterns of improvement with age and some of them are specific for the Polish population. The psychoacoustic battery may be useful in screening for CAP disorders in Poland.


1974 ◽  
Vol 290 (18) ◽  
pp. 1005-1006 ◽  
Author(s):  
William J. Curran
Keyword(s):  

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