scholarly journals Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime

2021 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Uche Nnawulezi ◽  
Bosede Adeuti
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
The State ◽  
Complex Nature ◽  
Global Level ◽  
Cultural Issues ◽  
Right To Work ◽  
Basic Understanding ◽  
Logical Content ◽  
The Right

This paper explores the strategic interest in promoting the right to work through migration. Ideally, migrant workers whether under contract or other formal arrangements, or simply setting off on their own initiative should be given a basic understanding of the language, culture, legal, social, and political structures of the states to which they are going. This is really important given the complex nature of the rights of all migrant workers and members of their families, as an evolving regime that has faced difficulties in the implementation of their rights to work at the global level. This paper therefore set out to examine why most migrant workers experience challenges in securing employment, while some have to surmount far more barriers either before their departure, or at the time of their admission to the state of employment of all conditions applicable to their admission, as well as of the requirements they must satisfy in the state of employment and the authority to which they must satisfy in the state of employment and the authority to which they must address themselves for any modifications of those conditions. The methodology underpinning the research is essentially descriptive, thus, deductive logical “content analysis” is employed. This paper among other things argues that the consequences of migration and the situation of vulnerability in which migrant workers and members of their families frequently-find themselves cannot only be solved by having a functional fundamental human rights approach on the complexity of social, economics, and cultural issues prevalent in the migration regime. This paper concludes that with due respect to the author and to his concern for the protection and promotion of the right to work through migration, is to say the least, is a first step towards a sustainable promotion of the right to work through migration.

Constitutional right to pay – one of the most important socio-economic human rights

2020 ◽  
pp. 35-40
Author(s):  
J. Marchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Main Body ◽  
International Labor Organization ◽  
Skilled Workers ◽  
Right To Work ◽  
Life Itself ◽  
Constitutional Right ◽  
The Right

Problem setting. Remuneration is the main source through which the employee meets both their primary needs and the needs of a higher level. At a time when, on the one hand, the problem of meeting material needs is exacerbated, and on the other – the transition to market relations and building a socially oriented market economy in Ukraine requires a broader outlook and highly skilled workers, wages, its level, timeliness payments are brought to the fore by life itself. Remuneration is one of the guarantees of the realization of the constitutional right to work, and, consequently, one of the most essential rights of workers. Analysis of recent researches and publications. The issue of wages was the subject of research by such scientists as V.M. Bozhko, N.B. Bolotin, V.M. Weger, Y.M. Veres, O.V. Gaeva, N.D. Hetmantseva, S.Yu. Golovina, O.O. Ershova, M.I. Kuchma, L.I. Lazor, R.Z. Livshits, M.V. Lushnikova, A.Yu. Pasherstnik, O.I. Protsevsky, V.O. Radionova- Vodyanytska, N.M. Salikova, N.M. Khutoryan, E.B. Khokhlov, G.I. Chanisheva, O.M. Yaroshenko, and others. Target of research to consider remuneration as one of the guarantees of realization of the constitutional right to work. Article’s main body. The constitutional right to remuneration, as well as the right to work, is the most important socio-economic right of a person and a citizen, guaranteed by the Constitution of Ukraine, international legal acts and laws of Ukraine, which allows everyone to receive fair remuneration for their work. Despite the fact that the right to remuneration is constitutional, there are still many cases when this right is not respected and citizens are forced to apply to the authorities for protection, including non-payment or improper payment of wages. Conclusions and prospects for the development. The right to remuneration is characterized by the following features that determine its place in the system of constitutional human and civil rights enshrined in the Basic Law of Ukraine: a) is one of the fundamental human rights established by the Constitution of Ukraine, international legal acts and laws of Ukraine and recognized by most states the world; b) has economic and social components. The economic component is that a person can provide for himself and his family by means of subsistence. The social component is due to the fact that the state through a system of guarantees provides social assistance to workers and their families; c) is determined and guaranteed by the state through a system of legal guarantees; d) international normative legal acts, such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the European Social Charter (revised) of 1996, and conventions play an important role in the realization of the right to remuneration. International Labor Organization, etc.; e) is guaranteed not only for citizens of Ukraine, but also for foreigners and stateless persons who are on the territory of our state on legal grounds.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

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.

scholarly journals ‘We Too Have a Word to Say’

2018 ◽  
Vol 1 (1) ◽  
pp. 48-68
Author(s):  
Muzaffer Kaya
Keyword(s):  
The State ◽  
Global Level ◽  
Main Determinant ◽  
Governmental Policy ◽  
The 1960S ◽  
The Right ◽  
In The Beginning

This article seeks to explain how in the beginning of the 1960s in Turkey the right to strike was adopted as a social right. The existing literature is divided regarding the factors that led to the shift in governmental policy. While some argue that the state granted this right without any struggle on the side of the workers, others propose that the main determinant in the process was the struggle of workers. By scrutinizing the interaction between political developments at the state and party levels, and the actions of the workers in that period, I argue that the recognition of the right to strike was the combined result of several interrelated political developments at the local and global level.

scholarly journals Designing Work with People Living with Dementia: Reflecting on a Decade of Research

2021 ◽  
Vol 18 (22) ◽  
pp. 11742
Author(s):  
Paul A. Rodgers
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Cultural Development ◽  
General Assembly ◽  
International Human Rights Law ◽  
Ongoing Research ◽  
Right To Work ◽  
Health And Social Care ◽  
The United Nations ◽  
The Right

The United Nations Universal Declaration of Human Rights is widely acknowledged as a landmark document in the history of human rights. Drafted by representatives from all over the world, the declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard for all peoples and all nations. The declaration sets out a series of articles that articulate a number of fundamental human rights to be universally protected. Article 23 of the declaration relates to the right to work and states that people have a human right to work, or engage in productive employment, and may not be prevented from doing so. The right to work is enshrined in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development. This paper presents ongoing research that highlights how a disruptive co-design approach contributes to upholding UN Article 23 through the creation of a series of innovative working practices developed with people living with dementia. The research, undertaken in collaboration with several voluntary and third sector organizations in the UK, looks to break the cycle of prevailing opinions, traditional mindsets, and ways-of-doing that tend to remain uncontested in the health and social care of people living with dementia. As a result, this research has produced a series of innovative work opportunities for people living with dementia and their formal and informal carers that change the perception of dementia by showing that people living with dementia are capable of designing and making desirable products and offering much to UK society after diagnosis. In this ongoing research, the right to continue to work for people living with dementia post-diagnosis in creative and innovative ways has clearly helped to reconnect them to other people, helped build their self-esteem, identity and dignity and helped keep the person with dementia connected to their community, thus delaying the need for crisis interventions. This paper reports on a series of future work initiatives for people living with dementia where we have used design as a disruptive force for good to ensure that anyone diagnosed with dementia can exercise their right to work and engage in productive and rewarding employment.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals Perbandingan Yurisdiksi Mahkamah Pidana Internasional dengan Pengadilan HAM

2019 ◽  
Vol 1 (2) ◽  
pp. 109-120
Author(s):  
Danel Aditia Situngkir
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Research Method ◽  
The State ◽  
Community Research ◽  
Labor Rights ◽  
Economic Community ◽  
Legal Research ◽  
Research Problems ◽  
Asean Economic Community

Penelitian ini bertujuan untuk menganalisis yurisdiksi Pengadilan Pidana Internasional dengan Pengadilan HAM Indonesia. Masalah penelitian Bagaimana yurisdiksi dibandingkan dengan pengadilan kriminal internasional dan pengadilan HAM di Indonesia? dan Apa Peluang untuk Pengenaan Yurisdiksi Pengadilan Pidana Internasional di Indonesia? Metode penelitian menggunakan penelitian yuridis normatif. Hasil penelitian menunjukkan bahwa perbandingan yurisdiksi Pengadilan Pidana Internasional dan Pengadilan Hak Asasi Manusia dapat dilihat dari yurisdiksi pidana, pribadi, temporal dan teritorial. Indonesia bukan negara pihak dan bukan negara yang menerima yurisdiksi Mahkamah Pidana Internasional. Meski begitu, Yurisdiksi Mahkamah Pidana Internasional dapat diterapkan di Indonesia mengingat perbedaan yurisdiksi pidana kedua pengadilan tersebut, karena ada 2 (dua) kejahatan yaitu kejahatan perang dan kejahatan agresi yang tidak diatur dalam Pengadilan HAM Indonesia. , jika ada situasi di Indonesia yang dirujuk oleh Dewan PBB dan keamanan Indonesia dianggap tidak mau dan tidak dapat membawa para pelaku kejahatan untuk diadili di pengadilan. This study aims to analyze the protection of labor rights in this case Indonesian migrant workers abroad within the framework of the ASEAN Economic Community and Law no. 18 of 2017 concerning Protection of Indonesian Migrant Workers' labor rights within the framework of the ASEAN Economic Community. Research problems, First, What is the Form of Protection for Indonesian Migrant Workers, Second, What is the Form of Legal Efforts for Indonesian Migrant Workers who are disadvantaged? The research method uses socio-legal research by observing the ASEAN Declaration of Human Rights and Law No. 18 of 2017, as well as other Indonesian Laws and Regulations. The results showed that the Protection of Indonesian Migrant Workers (PMI) is all efforts to protect the interests of prospective PMI and their families in realizing guaranteed fulfillment of rights in all their activities. The author will analyze the issue of the extent to which the state protects labor rights in this case Indonesian migrant workers abroad within the framework of the ASEAN Economic Community and Law No. 18 of 2017 concerning Protection of Indonesian Migrant Workers.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

scholarly journals Evaluation of the dismissed forensic medicine specialists and other forensic professionals in Turkey

2020 ◽  
Vol 30 (1) ◽  
pp. 79-80
Author(s):  
Alper Keten
Keyword(s):  
Human Rights ◽  
Forensic Medicine ◽  
Civil Servants ◽  
Medical Doctors ◽  
Public Officials ◽  
State Of Emergency ◽  
Right To Work ◽  
Turkish Government ◽  
Forensic Professionals ◽  
The Right

The right to work, one of the fundamental human rights, expresses the right of all individuals to maintain a dignified life by having an income, earned through work (UDHR, 1948). Following the coup attempt on 15 July 2016, the Turkish government declared a state of emergency on 20 July 2016. This lasted 730 days until 20 July 2018. During this period, 32 decrees were issued by the Turkish government. With these decrees, 150,348 public officials including judges, pros- ecutors, civil servants, teachers, bureaucrats, medical doctors and academics were dismissed without any investigation (Turkey Purge, 2019). With regard to the group of forensic professional experts, many have been dismissed following decrees issued by the Turkish government.

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