scholarly journals Labour rights of the rare diseases population ‒ breaking the glass ceiling

Stanovnistvo ◽  
2020 ◽  
Vol 58 (2) ◽  
pp. 43-56
Author(s):  
Sanja Stojkovic-Zlatanovic ◽  
Marta Sjenicic ◽  
Ranko Sovilj
Keyword(s):  
Rare Diseases ◽  
Legal Framework ◽  
Health Statistics ◽  
Decent Work ◽  
Labour Law ◽  
Economic Rights ◽  
The People ◽  
Clinical Diagnoses ◽  
Labour Legislation ◽  
The Right

This paper aims to introduce a legal framework for exercising one of the most basic socio-economic rights of people with rare diseases: the right to decent work. Considering the specificity of the medical and, consequently, social status of the people affected, the appropriate labour-law measures need to be determined. Applying the comparative and normative method along with the contemporary anti-discrimination principle, the labour status of the rare diseases population has been analysed based on the proposed classification in legal terms. As a precondition for labour legislation, new Serbian healthcare legislation on rare diseases should be supported through the process of implementation to reduce adverse cases as effectively as possible, advance genetic and other clinical diagnoses, and thus increase the efficiency of available medical treatment. Concerning public health policy, updated registries and better health statistics should be created. These activities require certain amendments to both general and specialist labour legislation (disability legislation), aiming to include patients with rare diseases in the working (and social) environment without discrimination.

“Defend your right!” How the populist radical right uses references to rights and freedoms to discursively construct identities

2021 ◽  
pp. 2336825X2110529
Author(s):  
Alexander Alekseev
Keyword(s):  
Radical Right ◽  
Social Rights ◽  
Economic Rights ◽  
Social Actors ◽  
Populist Radical Right ◽  
The People ◽  
Marine Le Pen ◽  
The Individual ◽  
The Right ◽  
Discourse Historical Approach

The article explores how the European populist radical right uses references to rights and freedoms in its political discourse. By relying on the findings of the existing research and applying the discourse-historical approach to electoral speeches by Marine Le Pen and Jarosław Kaczyński, the leaders of two very dissimilar EU PRR parties, the Rassemblement National and the Prawo i Sprawiedliwość, the article abductively develops a functional typology of references to rights and freedoms commonly used in discourses of European PRR parties: it suggests that PRR discourses in Europe feature references to the right to sovereignty, citizens’ rights, social rights, and economic rights. Such references are used as a coherent discursive strategy to construct social actors following the PRR ideological core of nativism, authoritarianism, and populism. As the PRR identifies itself with the people, defined along nativist and populist lines, rights are always attributed to it. The PRR represents itself as the defender of the people and its rights, while the elites and the aliens are predicated to threaten the people and its rights. References to rights in PRR discourses intrinsically link the individual with the collective, which allows to construct and promote a populist model of ethnic democracy.

Migrant domestic workers and the right to a private and family life

2019 ◽  
Vol 37 (4) ◽  
pp. 288-310
Author(s):  
Natalie Sedacca
Keyword(s):  
Family Life ◽  
Domestic Workers ◽  
Private Sphere ◽  
Labour Law ◽  
The Public ◽  
Labour Legislation ◽  
The Uk ◽  
The Right ◽  
Migrant Domestic Workers

Domestic workers are mainly women, are disproportionately from ethnic minorities and/or international migrants, and are vulnerable to mistreatment, often receiving inadequate protection from labour legislation. This article addresses ways in which the conditions faced by migrant domestic workers can prevent their enjoyment of the right to private and family life. It argues that the focus on this right is illuminating as it allows for the incorporation of issues that are not usually within the remit of labour law into the discussion of working rights, such as access to family reunification, as well as providing for a different perspective on the question of limits on working time – a core labour right that is often denied to domestic workers. These issues are analysed by addressing a case study each from Latin America and Europe, namely Chile and the UK. The article considers impediments to realising the right to private and family life stemming both from the literal border – the operation of immigration controls and visa conditions – and from the figurative border which exists between domestic work and other types of work, reflected in the conflation of domestic workers with family members and stemming from the public/private sphere divide.

Accessing pension resources: the right to equality inside and out of the labour market

2014 ◽  
Vol 10 (4) ◽  
pp. 522-537 ◽  
Author(s):  
Kendra Strauss
Keyword(s):  
Labour Market ◽  
Market Segmentation ◽  
Social Reproduction ◽  
Welfare Regimes ◽  
Labour Law ◽  
Economic Rights ◽  
Occupational Pensions ◽  
Labour Market Segmentation ◽  
The Right ◽  
The Life Course

AbstractPensions constitute an important link, in many welfare regimes, between processes of social categorisation and labour market segmentation over the life-course. Pensions also reveal how socio-economic rights are defined in relation to normative and ideological categories (such as gender, class and race), how (and for whom) the state prioritises their distribution, and what these processes reveal about notions of equality and their political and legal institutionalisation. In this paper, I argue that pensions, especially but not only occupational pensions, therefore fall within the ambit of a broad conception of labour law; they should be of interest to feminist legal scholars not solely because of their linkages to paid employment, however, but because of their relationship with the organisation of both production and social reproduction – and the evolution of norms of equality across these domains.

scholarly journals Vivienda social: necesidades comunes, caminos comunes y dificultades comunes. La experiencia uruguaya.

2021 ◽  
pp. 207-221
Author(s):  
Benjamín Nahoum
Keyword(s):  
Free Market ◽  
Public Funding ◽  
Legal Framework ◽  
Social Production ◽  
Successful Model ◽  
Collective Ownership ◽  
Housing Cooperatives ◽  
The People ◽  
Housing Cooperative ◽  
The Right

This paper attempts to describe a particularly successful model of social production of habitat, that of Uruguayan housing cooperatives, which has already been developed for more than half a century, linking it with the conclusions of studies on the management of common goods by the people own selves by the Elinor Ostrom. Uruguayan housing cooperative´s characteristics and central aspects are analysed. Main singularities of the system are self-management, direct involvement of future users throughout their work or savings, and collective ownership of the houses, granting the right to use and enjoy to households. Subsequently, it is made a brief presentation of Ostrom’s work on commons and the Uruguayan cooperative model is taken up considering these concepts. This paper concludes that this social housing model would have great potential if had the support of the governments, currently oriented to free market, throughout development of an adequate legal framework, public funding, and access to land.

Supervision and control over observance of labour legislation by state labour service of Ukraine

2021 ◽  
pp. 140-146
Author(s):  
Iryna agutina
Keyword(s):  
Educational Process ◽  
Employment Protection ◽  
Practical Significance ◽  
Labor Rights ◽  
Decent Work ◽  
Labour Rights ◽  
Legitimate Interests ◽  
Labour Legislation ◽  
The Right ◽  
And Control

The purpose of the article is to investigate the role of state supervision and control over compliance with labour legislation in ensuring decent work. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, system-structural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. It is established that the effectiveness of supervision and control over compliance with labour legislation is ensured by many factors: regularity, the right choice of goal, the actual elimination of violations, the presence of clear legal regulations for control and supervision. Scientific novelty. It is established that supervision and control over observance of labour legislation is an important and necessary form of protection of labour rights, freedoms and legitimate interests of employees. With the help of this form of protection of labour rights and legitimate interests of employees, the following tasks are solved: ensuring strict implementation of regulations in the field of labour; achieving the quality of implementation of decisions; timely taking measures to eliminate identified violations; identifying positive experiences and putting them into practice. The practical significance lies in the possibility of using materials in law enforcement activities - to improve the practice of applying current legislation in the field of labor rights; educational process - in the teaching of disciplines: "Labour Law of Ukraine", "Employment Protection", "Labour Rights Protection in European Union Countries".

scholarly journals The Right to Strike and Replacement Labour: South African Practice Viewed from an International Law Perspective

2018 ◽  
Vol 21 ◽  
pp. 1-34
Author(s):  
Stefan Van Eck ◽  
Tungamirai Kujinga
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Labour Law ◽  
International Labour Organisation ◽  
Labour Relations ◽  
Essential Services ◽  
The Republic ◽  
Labour Legislation ◽  
The Right

South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. Also, South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether by way of the Labour Relations Act of 1995 (hereafter the LRA) the current regulation of both the right to strike and the use of replacement labour during strikes falls within the ambits of internationally and constitutionally acceptable labour norms. Strike action constitutes a temporary and concerted withdrawal of work. On the other hand, replacement labour maintains production and undermines the effect of the withdrawal of labour. Consequently, the ILO views the appointment of strike-breakers during legal strikes in non-essential services as a violation of the right to organise and collective bargaining, and in a number of countries replacement labour is prohibited. The Constitution of the Republic of South Africa, 1996 enshrines every worker's right to strike and the LRA gives effect to this right. However, the foundation of this right is ostensibly brought into question by the LRA in as far as it permits employers to make use of replacement labour during strike action. This article investigates whether replacement labour undermines the right to strike in South Africa and considers to what extent labour legislation may be misaligned with international norms. In conclusion the research makes findings and proposes alternatives that may be considered to resolve this seemingly skewed situation.    

The Protection and Promotion of a People’s Right to Mineral Resources in Africa: International and Municipal Perspectives

2018 ◽  
Vol 11 (2) ◽  
pp. 739-755
Author(s):  
Johan Van Der Vyver
Keyword(s):  
Natural Resources ◽  
International Law ◽  
South African ◽  
Annual Report ◽  
Mineral Resources ◽  
African Countries ◽  
Economic Rights ◽  
The People ◽  
Petroleum Resources ◽  
The Right

Abstract Development programs in many African countries include the reallocation of land and the nationalization of mineral resources for the benefit of less privileged communities in those countries. Implementing these programs is, however, quite complicated. This paper pays special attention to the confiscation of the land of white farmers in Zimbabwe as part of a development program, and the rapid decline of the economy of that country in consequence of this program. It serves as a reminder that depriving landowners of their property rights is counterproductive and is therefore not a feasible development strategy. As far as the right to explore natural resources is concerned, the paper highlights the repeated resolutions of the United Nations proclaiming the “inalienable right of all states freely to dispose of their natural resources in accordance with their national interests” as an inherent aspect of sovereignty [e.g. G.A. Res. 626, 7 U.N. GAOR, Supp. (No. 20), at 18, U.N. Doc. A/2361 (1952).], with occasional reminders that developing countries were in need of encouragement “in the proper use and exploitation of their natural wealth and resources” [e.g. E.S.C. Res. 1737, 54 U.N. ESCOR, Supp., No. 1 (1973).]. These resolutions were adopted in the context of the decolonization policy of the United Nations and were mainly aimed at denouncing the exploitation of the mineral resources of African countries by colonial powers [G.A. Res. 2288, 22 U.N. GAOR, Supp. (No. 16), at 48, U.N. Doc. A/6716 (1967)., para 3]. The emphasis of international law relating to the natural resources over time also emphasized the right to self-determination of peoples. As early as 1958, the General Assembly, in a resolution through which the Commission on Permanent Sovereignty over Natural Resources was established, stated that the “permanent sovereignty over natural wealth and resources” of states is “a basic constituent of the right to self-determination” [G.A. Res. 1314, 13 U.N. GAOR, Supp. (No. 18), at 27, U.N. Doc. A/4090 (1958).]. The African Charter on Human and People’s Rights similarly provides “All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it” [Art 21(1)]. This provision featured prominently in several judgments of courts of law, such as the one of the South African Constitutional Court in the case of Bengwenyama Minerals (Pty) Ltd & Others v Gemorah Resources (Pty) Ltd & Others [2011] (3) BCLR 229 (CC) (3) BCLR 229 (CC) and of the African Court of Human and People’s Rights in the case of Social and Economic Rights Action Centre (SERAC) v Nigeria (2001) AHRLR 60 (ACHPR 2001), Communication 155/96, 15th Annual Report. AHRLR 60 (Social and Economic Rights Action Centre (SERAC) v Nigeria (2001) AHRLR 60 (ACHPR 2001), Communication 155/96, 15th Annual Report.) Communication 155/96. In view of these directives of international law, the paper will critically analyze the South African Mineral and Petroleum Resources Development Act 28 of 2002, which deprived landowners of the ownership of unexplored minerals and petroleum products and proclaimed mineral and petroleum resources to be “the common heritage of all the people of South Africa” with the state as the custodian thereof.

Historical Traditions of the Control of Labour Legislation Compliance

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Darina Dimitrova ◽  
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
Legal Framework ◽  
Compliance Control ◽  
Legal Norms ◽  
Labour Rights ◽  
Right To Work ◽  
Labour Legislation ◽  
The Right ◽  
Historical Periods

The paper examines the legal framework of labour legislation compliance control from a historical perspective. It traces the stages of development regarding the control of the observance of employee labour rights in the following periods: 1) from the 1878 Liberation of Bulgaria to 1944; 2) from 1944 to the democratic changes of 1989. The importance of the right to work as a basic constitutional social right and the ways to protect it have been relevant in all historical periods of the development of the Bulgarian legal system. The socio-historical conditionality of the legal norms, protecting the labour rights of hired workers, is clarified through retrospective analysis of the normative regulation concerning the control of the compliance with labour legislation.

scholarly journals ‘The right to (decent) work. The right to everyone or “chosen” ones?’ The situation in Poland

2021 ◽  
Vol 83 (1) ◽  
pp. 143-156
Author(s):  
Agata Ludera-Ruszel
Keyword(s):  
100Th Anniversary ◽  
Transformative Change ◽  
Human Beings ◽  
Decent Work ◽  
Labour Law ◽  
Full Circle ◽  
Market Product ◽  
Human Labour ◽  
History Of ◽  
The Right

Work represents a particular economical, social and psychological relevance to the worker. Because of a personal dimension of work, that involves human beings, it cannot be separated from workers. The approach to human labour as not a market product, but as a human being, is contained in the statement that ‘labour is not a commodity’, firstly expressed in the International Labour Organization’s 1944 Declaration of Philadelphia. The reference to this assumption more recently on the occasion of the 100th anniversary of ILO activities clearly evidence that the history of labour has come full circle and the idea of decent work for workers has returned to being the centre of labour law regulations. The concerns relating to the inadequate protection of workers coincided in time with the transformative change in the world of work. With this in mind, it is then worth considering more deeply whether a decent job is an ‘exclusive’ and ‘luxurious’ ideal, and leave outside its scope a number of workers who are in need of protection because of their unique situation. The position of Poland in this picture will be analysed.

scholarly journals Engineering Social Peace: Networks, Ideas, and the Founding of the International Labour Organization

2005 ◽  
Vol 50 (3) ◽  
pp. 435-466 ◽  
Author(s):  
Jasmien Van Daele
Keyword(s):  
Social Policy ◽  
International Association ◽  
Social Engineering ◽  
International Labour Organization ◽  
Decent Work ◽  
Social Reforms ◽  
Founding Fathers ◽  
Political Networks ◽  
Labour Legislation ◽  
The Right

In 1919 a pioneering generation of scholars, social policy experts, and politicians designed an unprecedented international organizational framework for labour politics. The majority of the founding fathers of this new institution, the International Labour Organization (ILO), had made great strides in social thought and action before 1919. The core members all knew one another from earlier private professional and ideological networks, where they exchanged knowledge, experiences, and ideas on social policy. In this study, one key question is the extent to which prewar “epistemic communities”, such as the International Association for Labour Legislation (IALL), and political networks, such as the Second International, were a decisive factor in the institutionalization of international labour politics. In the postwar euphoria, the idea of a “makeable society” was an important catalyst behind the social engineering of the ILO architects. As a new discipline, international labour law became a useful instrument for putting social reforms into practice. This article also deals with how the utopian idea(l)s of the founding fathers – social justice and the right to decent work – were changed by diplomatic and political compromises made at the Paris Peace Conference. The article thus reflects the dual relationship between idealism and pragmatism.

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