scholarly journals Suppression of discrimination against people with disabilities in the field of labor and employment: Situation and prospects

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 133-150
Author(s):  
Natasa Tanjevic ◽  
Filip Miric
Keyword(s):  
Social Factors ◽  
Social Life ◽  
Legal Framework ◽  
Economic Policies ◽  
Complex Phenomenon ◽  
The European Union ◽  
Effective Protection ◽  
Persons With Disabilities ◽  
The World ◽  
Domestic Law

Discrimination based on disability is a complex phenomenon that is present in all spheres of social life, especially in the world of work. The reasons that led to this are numerous: living conditions, social and economic policies of different times, but also many social factors such as ignorance, carelessness, neglect, fear and prejudice. Therefore, various documents on the international and national levels are adopted which contain provisions prohibiting discrimination against persons with disabilities and that provide a legal framework for their employment. Accordingly, the Serbian national legislation is now significantly closer to the standards of the international community and the European Union in this field, which opened the way for more effective protection of persons with disabilities. However, one of the main problems is the application of the law in practice. The authors tried to, through the presentation of relevant documents of international and domestic law, point out their individual shortcomings while proposing certain amendments to the existing legal solutions for the purpose of finding effective ways to combat discrimination against persons with disabilities in the labor and employment area, which is the main aim of this paper.

SOCIO-POLITICAL INTERPRETATION OF THE CATEGORY OF PERSONS WITH DISABILITIES

2021 ◽  
Vol 2 (2) ◽  
pp. 57-65
Author(s):  
Farida Begbutaeva ◽  
Keyword(s):  
Social Policy ◽  
Social Life ◽  
Legal Framework ◽  
The Political ◽  
Scientific Article ◽  
Effective Protection ◽  
Persons With Disabilities ◽  
Policy Model ◽  
Political Processes ◽  
Political Interpretation

This scientific article examines the origin, research and role in the socio-political processes of the category of persons with disabilities. It is now recognized that ensuring the active participation of people with disabilities in the political and social life of society leads to more effective protection of their rights and the strengthening of legaland political mechanisms that better meet the needs of all members of society.Key words:persons with disabilities, limitation of opportunities, legal framework, state policy, social policy, model

scholarly journals Country’s Political and Legal Framework for Regulating Migration Processes in the Context of the Crisis Development of the World Community

2020 ◽  
Vol 10 (4) ◽  
pp. 85-91
Author(s):  
M. L. Galas
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Refugee Status ◽  
Civil Conflicts ◽  
World Community ◽  
The World ◽  
Legal Restrictions ◽  
Migration Flows ◽  
European Migration

The article analyses the risks of “aftershocks” of secondary post-crisis migration from the countries of the European Union, reorientation of migration flows of post-crisis migration due to changes in European migration legislation, the introduction of legal restrictions on granting refugee status, asylum to emergency migrants, as well as due to the exhaustion of economic, social, political and other resources for receiving migration flows from countries experiencing armed, civil conflicts, crisis situations, environmental and natural resource disasters, undergoing other unfavourable conditions.

Indian Dalit Literature Quest for Identity to Social Equality

2016 ◽  
Vol 3 (2) ◽  
pp. 42-48
Author(s):  
Dr Pavan Mandavkar
Keyword(s):  
Social Factors ◽  
Social Life ◽  
Caste System ◽  
Social Equality ◽  
Positive Approach ◽  
Suppression Condition ◽  
The World ◽  
History Of ◽  
And Gender

India is one of the fastest growing countries in the world, yet, it is notorious for its rigid caste system. This paper examines the history of suppression, condition of the suppressed and origin of Dalit writings. It includes the study of movement and scope of Dalit literature. It is widely believed that all Dalit literary creations have their roots in the Ambedkarite thoughts. The paper also dissects the stark realities of Dalit and their commendable attempts to upraise socially. This literature shows dramatic accounts of socialpolitical experiences of Dalit community in the caste based society of India.It traces the conditions of the Indian social factors that surround the Dalits and their interactions with Dalits and non-Dalits. It explores how Dalit community struggled for equality and liberty. Due to strong Dalit movements as well as hammering on upper caste society through Dalit literature by writers and thinkers, and also by implementation of welfare schemes by Government, a positive approach toward equality is seen in social life of Dalit community nowadays. Discrimination on the basis of caste and gender are banned by law. This is a journey of oppressed from quest for identity to social equality through their literature.

Withdrawing life-sustaining treatment: a stock-take of the legal and ethical position

2019 ◽  
Vol 45 (12) ◽  
pp. 794-799 ◽  
Author(s):  
Alexander Charles Edward Ruck Keene ◽  
Annabel Lee
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Persons With Disabilities ◽  
European Court ◽  
Current Controversy ◽  
Life Sustaining Treatment ◽  
The Right ◽  
Domestic Law ◽  
Ethical Consensus

This article, prompted by an extended essay published in the Journal of Medical Ethics by Charles Foster, and the current controversy surrounding the case of Vincent Lambert, analyses the legal and ethical arguments in relation to the withdrawal of life-sustaining treatment from patients with prolonged disorders of consciousness. The article analyses the legal framework through the prism of domestic law, case-law of the European Court of Human Rights and the Convention on the Rights of Persons with Disabilities, and examines the challenge to the ethical consensus made by Foster. It concludes that the right approach remains a version of the approach that has prevailed for the last 25 years since the decision in Airedale NHS Trust v Bland[1993] AC 789, refined to reflect that that there is now, and rightly, a much more limited place for judgments made about the ‘burden’ of treatment or the quality of life enjoyed by the person made on the basis of assumptions about that person as a category as opposed to investigation of that person as an individual human being.

scholarly journals HARMONIZATION OR UNIFICATION? – INSTRUMENTS FOR A MORE EFFECTIVE PROTECTION OF THE FINANCIAL INTERESTS OF THE EUROPEAN UNION

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Bence Udvarhelyi
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Historical Development ◽  
Legal Framework ◽  
The European Union ◽  
Effective Protection ◽  
Treaty Of Lisbon ◽  
Financial Interests ◽  
The Eu

The objective of the article is to analyse the efforts of the European Union for the protection of its financial interests. The first part of the paper sets out the brief historical development of the criminal law protection of the financial interests of the European Union with particular emphasis on the strengthened and reinforced legal framework provided by the Treaty of Lisbon. The second part of the study focuses to the newly adopted Directive of the EU on the fight against fraud to the Union’s financial interests by means of criminal law. However, the paper does not intend to analyse the provisions of the Directive in details, it only aims to examine whether it can provide for an effective and unified protection to the financial interests of the European Union.

scholarly journals CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION

2020 ◽  
Vol 3 (8) ◽  
pp. 54-63
Author(s):  
Iveta Adijāne
Keyword(s):  
European Union ◽  
Comparative Method ◽  
Time Frame ◽  
Legal Framework ◽  
The European Union ◽  
Eu Countries ◽  
Eu Member States ◽  
The World ◽  
Asylum Procedure ◽  
The Eu

There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.

scholarly journals Russia and Spain in the midst of global trade wars

2019 ◽  
pp. 58-66
Author(s):  
P. Yakovlev
Keyword(s):  
European Union ◽  
World Economy ◽  
Trade Deficit ◽  
Trade Agreement ◽  
The United States ◽  
Economic Policies ◽  
The European Union ◽  
Solar Panels ◽  
The World ◽  
Trade Wars

In recent years, the world economy has become more unstable and relations between countries in different regions have deteriorated. As a result, we can talk about an international economic confrontation. The main reasons for this situation seem to be traceable: so-called trade wars, neo-protectionism, financial and other sanctions. Many countries around the world, including Russia and Spain, are victims of one or more aspects of the phenomenon. Trade wars are undoubtedly at the heart of economic battles. They have a long history, but the current wave of trade wars has been driven by President Donald Trump’s economic policies. In his opinion, the root of the U.S. economic problems lies in its trade deficit with China, the European Union, Mexico and some other countries of the world. With the idea that “trade wars are good and easy to win”, Washington unilaterally tore up the agreements reached: the Paris climate accord, the Trans-Pacific Partnership, the nuclear deal with Iran, the free trade agreement with Mexico and Canada. In addition, Trump has raised tariffs on hundreds of manufactured goods imported by the United States (steel, aluminum, washing machines, solar panels, etc.) and threatened the European Union with higher tariffs on cars. The trade wars unleashed by the White House will have long-term direct and indirect consequences for the state of the world economy. Russia and Spain are heavily dependent on international markets. That is why complications in world trade are contrary to the interests of both countries.

scholarly journals Audiovisual content accessibility for persons with disabilities in the human rights framevork

2016 ◽  
pp. 859-875
Author(s):  
Zoran Lutovac
Keyword(s):  
Human Rights ◽  
Service Providers ◽  
Legal Framework ◽  
Equal Treatment ◽  
Free Access ◽  
Regulatory Body ◽  
The European Union ◽  
Persons With Disabilities ◽  
The Right ◽  
Barrier Free

Accessibility of audiovisual content for people with disabilities is strongly related to the right of freedom of opinion and expression, right to the equal treatment and the right to freedom from discrimination. UN, Council of Europe and the European Union regulate the issue of accessibility, including the accessibility of information and communication technology, ICT, by a number of documents ? conventions, charters, directives, etc. However, the most important international instrument stressing this issue in the context of human rights is the UN Convention on the Rights of Persons with Disabilities. Enormous developments in the field of ICT open up a large scope of opportunities for persons with disabilities to have barrier-free access to the audiovisual content. Among other things, digital distribution should make the audiovisual content fully accessible to all. The legal framework of the Republic of Serbia regulating this issue in general is in line with European standards, however, the percentage of fully accessible audiovisual content is far below acceptable in Europe. Stronger obligations for private and public broadcasters to provide fully accessible media content, the introduction of quotas, giving new and more binding powers to telecom and media regulatory body, etc., are some of the ideas that, applied in Europe, had generated much better situation in the audiovisual area for people with sensory impairments. Without redefined and more binding obligations of broadcasters, without larger powers of regulatory bodies, which would mean the possibility of introducing sanctions for certain actions or lack of action of both public and private media services, at this level of social responsibility awareness, media service providers can always refer to the lack of technical and financial capacities in their response why they did not provide accessible content in their programs. Hence, only with great optimism it can be expected that audiovisual area in Serbia in the near future will be barrier-free in a more significant extent in order to finally achieve the goal of audiovisual world accessible to all.

scholarly journals The role of the Capital Markets Union: towards regulatory harmonisation and supervisory convergence

2018 ◽  
Vol 10 (1) ◽  
pp. 103-125 ◽  
Author(s):  
Sérgio Coimbra Henriques
Keyword(s):  
European Union ◽  
Capital Markets ◽  
Risk Sharing ◽  
Careful Analysis ◽  
Legal Framework ◽  
State Governments ◽  
Economic Policies ◽  
The European Union ◽  
Capital Markets Union ◽  
The Eu

Abstract The Council is a crucial intergovernmental institution of the European Union. However, the complex, opaque and consensual character of the decision-making process in the Council puts its legitimacy into question. Intergovernmentalist theory posits that it is sufficiently legitimised, indirectly, by the member state governments. Constructivist research, on the other hand, suggests that socialisation might disturb the relaying of positions from the national to the supranational level, as the former approach implies. This paper aims to explore these issues, in particular related to representation and consensus. It contains an analysis of material generated in in-depth interviews. The Capital Markets Union (CMU) initiative serves as an umbrella term for regulatory changes directed at the overall development of European capital markets. As such, when analysing the legal framework of the CMU, it is important to note that this involves an undertaking which goes beyond the regulation of financial systems, also aiming to achieve supervisory convergence throughout the member states of the European Union. Indeed, it is perhaps one of the clearest examples of federal implications within the EU. All the synchronous movements enacted into law, leading towards harmonisation and supervisory convergence, show us that the CMU is an foundational piece in a collective journey towards ever greater integration in terms of economic governance and economic policies. Nonetheless, even if the CMU is one of the few cross-country risk-sharing mechanisms available to the EU, its implementation faces difficulties (as well as the looming Brexit) that demand careful analysis.

scholarly journals Pluralismo territorial y constitución

2016 ◽  
pp. 249
Author(s):  
Luciano Parejo Alfonso
Keyword(s):  
Social Life ◽  
Legal Framework ◽  
Political Transition ◽  
The Political ◽  
International Level ◽  
The European Union ◽  
Crucial Importance ◽  
Complex State ◽  
Constitutional Review ◽  
Constitutional Order

Las llamadas cuestiones vasca y catalana (hoy, la segunda, en fase aguda) reclaman una actualización del orden constitucional en punto a la adecuación de la organización del Estado a la estructura plural de España, que ha de hacerse teniendo en cuenta las radicales transformaciones derivadas de la integración en la Unión Europea y la inserción en una comunidad internacional cada día más interdependiente y desde una doble reflexión. En el trabajo se apuntan —en sus líneas maestras— los aspectos más sobresalientes de la reforma o, en su caso, revisión constitucional que el autor considera más viable sobre la base del análisis tanto de la situación presente y mirando al futuro, como de la experiencia suministrada por la transición política, el consenso constitucional y el proceso de construcción del llamado Estado autonómico. Pero recordando que el éxito de tal empeño en el plano jurídico-constitucional depende de algo que está fuera de la potencia configuradora del Derecho —la regeneración de la vida política y social y de las instituciones y tiene una decisiva trascendencia para el funcionamiento de un Estado complejo como el español y, por tanto, la vitalidad y autenticidad del pluralismo territorial sin merma de la verdadera, por sustantiva (no formal), unidad constitucional.The basque and catalan conflict —the second nowadays at his peak— demand a revamp of Spain’s constitutional order to adapt the organization of the state to the diverse structure of the country. Such reform should be addressed taking into account the radical transformations resulting from its integration into the European Union project and from an increasingly interdependent comunity at the international level. This article points out the most important aspects of the reform or (where relevant) of the constitutional review that the author considers more feasible. This appraisal will be carried out based on the analysis of the current situation and looking to the future, as well as on the experience gained with the political transition, the constitutional consensus and the so called Authonomic State-making process. However, the sucess of this commitment within the constitutional and legal framework depends on something that is out of the shaping capacity of the law —the political and social life renewal, as well as of the institutions— and has a crucial importance for the functioning of a complex state such as the spanish and, therefore, for the vitality and authenticity of the territorial pluralism without affecting (in a substantive —not formal— way) the constitutional unity.

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