scholarly journals La alteración de la salud del trabajador como factor de discriminación en las relaciones laborales: discapacidad y enfermedad

Author(s):  
Patricia Orlanda Rodríguez Padrón ◽  

The concept of disability, which is not unitary in our legal system, is in constant evolution, and proof of this is the recent jurisprudence of the TJUE, which in the field of occupation and employment, has meant the configuration of a flexible concept of disability, which allows for the extension of the legal protection of Council Directive 2000/78/EC, of 27 November 2000, relating to the establishment of a general framework for equal treatment in employment and occupation, to those workers who suffer from ailments which, despite not being administratively classified as a disability, are worthy of this special protection. This doctrine is a novelty since, even though it is limited to labour relations, it abandons the traditional conception of disability as a permanent and irreversible situation.

2006 ◽  
Vol 7 (5) ◽  
pp. 505-524 ◽  
Author(s):  
Marlene Schmidt

On 22 November 2005, the European Court of Justice (ECJ) delivered a judgement in a preliminary ruling procedure from the Arbeitsgericht München (Labour Court Munich), answering questions concerning the interpretation of Clauses 2, 5 and 8 of the Framework Agreement on fixed-term contracts, put into effect by Council Directive 1999/70/EC of 28 June 1999, and as regards the construction of Article 6 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Essentially, the Arbeitsgericht wanted to know whether a statutory provision exempting employees of 52 years of age and older from limitations to the conclusion of fixed-term contracts was compatible with Community law.


2003 ◽  
Vol 6 (1) ◽  
pp. 3-43 ◽  
Author(s):  
Siobhan McInerney

Inter-related developments at three distinct levels of European Union law relevan to protection against race discrimination are the focus of this article. First, the article considers Article 13 E.C. enacted by the Treaty of Amsterdam, and the enabling model it embodies. This model is critiqued and contrasted with other potential forms of equality provision, by drawing on international law models. Next, the article analyses the Council Directive on Equal Treatment between persons irrespective of racial or ethnic origin (EC 43/20(0) from a number of substantive and formal legal perspectives. Finally, the article discusses the Charter of Fundamental Rights of the E.U. and the import of its equality provision, Article 21. A number of themes recur in this piece: among them, the limitations of the current equality model with respect third country nationals and nationality discrimination which amounts to de facto race discrimination; the inadequacy of the current equality model to provide a consistent level of protection for all of the heads of discrimination enumerated in Article 13; and the absence of a general principle of equality which clearly binds Member States, E.U. citizens and the E.U. itself.


2016 ◽  
Vol 16 (2) ◽  
pp. 157-172
Author(s):  
Kristi Joamets ◽  
Liina Luukas

Summary Number of occupational accidents has decreased in recent years in Estonia. Article discusses whether the reason for this can be insufficient labour inspection legal system. The conformity of Estonian occupational health and safety regulation on supervision to the international law providing rules for labour inspection in this field is evaluated. More specifically, ILO conventions no 81 and no 129 and European Council directive 89/391/EEC are analysed to find out whether the high number of occupational accidents derive from the non-compliance of the international rules. Difficulties in following the international law rules are analysed, presenting and discussing also the problems appearing in the context of new labour relations in a changing society


1985 ◽  
Vol 25 (249) ◽  
pp. 337-363 ◽  
Author(s):  
Françoise Krill

Since the number of women who actually participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land.


2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.


2005 ◽  
Vol 37 (3) ◽  
pp. 753-775
Author(s):  
Pitman B. Potter ◽  
Li Jianyong

This paper examines the new Labour Law of the PRC, effective January 1, 1995, in the light of current and historical conditions of labour relations in China. Provisions regarding the labour contract system and dispute resolution are discussed in greater detail. Issues related to the introduction of collective bargaining and to the relationship between trade unions and the Communist Party are also examined. In their overall assessment, the authors recognize the potential significance of the Labour Law as a major step towards the legal protection of workers' rights, but point out that its effectiveness could be undermined by the preeminent policy of economic growth, by concerns about political control, and by obstacles to full implementation.


Author(s):  
Otto Pfersmann

La posibilidad de que los individuos dispongan de un «recurso directo» para cuestionar normas del sistema jurídico ante el juez de la constitucionalidad no constituye un elemento necesario del Estado constitucional de Derecho. La institución de los «derechos fundamentales», no requiere, en cuanto tal, que la protección de los mismos deba corresponder al juez de la constitucionalidad de las leyes. Lo que permite distinguir los diferentes modelos es el grado en que concentran y distribuyen estas tareas (protección de derechos fundamentales y control de constitucionalidad de la ley, básicamente). Esto depende de varios factores: el grado de exhaustividad del control de la constitucionalidad de las normas, el tipo de supervisión (preventivo o correctivo), el número de órganos encargados del control y el número de componentes del mismo. Se plantea así el problema de la limitación que aqueja al Estado de Derecho, pues cuanto más exhaustiva pretende ser la realización del mismo, menos intensa resulta produciendo un paradójico debilitamiento del derecho fundamental y del principio de exhaustividad. Asistimos, pues, a una mutación del principio «monomicrodicástico» y exhaustivo de jurisdicción constitucional.The possibility for individuals to have a «direct action» to challenge the norms of the legal system before the judge of the constitutionality is not a necessary element of the constitutional Rule of law. The institution «fundamental rights» does not require, as such, that the judge of the constitutionality of the parliamentary statutes should grant their protection. What allows distinguishing the different models is the degree of the concentration and distribution of these basic tasks: protection of the fundamental rights, constitutional judicial review. This depends upon various factors: how exhaust the constitutional judicial review should be, what kind of constitutional supervision may be (preventive or corrective), the number of the organs charged with this task, and the number of its components. The question of the limitation of the Rule of Law is risen, because the more exhaustive its implementation is intended, the less intense, generating a paradoxal weakness of the fundamental right and the completeness principie. A phenomenon appears: the mutation of the «monomicrodicastic» principie and the completeness of the constitutional judicial review.


Author(s):  
Roger J.R. Levesque

Under the US Constitution, the government must ensure that individuals receive the equal protection of laws. This mandate, however, becomes challenging in that equal protection may be different depending on the involved individuals and circumstances. This chapter examines the general parameters of how the legal system addresses claims alleging violations of rights, such as those involving differential treatment based on race. The analysis demonstrates when discrimination exists in law and, equally important, discusses what is needed to envision ways to reach societal interests relating to equal opportunities and equal treatment. The chapter concludes by noting how these legal developments influence the potential relevance and utility of empirical evidence.


Laws ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 12
Author(s):  
Aurelien Bouayad

This paper explores the complex evolution of the role anthropologists have played as cultural experts in the regulation of the entheogenic use of the peyote cactus throughout the 20th century. As experts of the “peyote cult”, anthropologists provided testimonies and cultural expertise in the regulatory debates in American legislative and judiciary arenas in order to counterbalance the demonization and prohibition of the medicinal and sacramental use of peyote by Native Americans through state and federal legislations. In the meantime, anthropologists have encouraged Peyotists to form a pan-tribal religious institution as a way to secure legal protection of their practice; in 1918, the Native American Church (NAC) was incorporated in Oklahoma, with its articles explicitly referring to the sacramental use of peyote. Operating as cultural experts, anthropologists have therefore assisted jurists in their understanding of the cultural and religious significance of peyote, and have at the same time counseled Native Americans in their interaction with the legal system and in the formatting of their claims in appropriate legal terms. This complex legal controversy therefore provides ample material for a general exploration of the use, evolution, and impact of cultural expertise in the American legal system, and of the various forms this expertise can take, thereby contributing to the contemporary efforts at surveying and theorizing cultural expertise. Through an historical and descriptive approach, the analysis notably demonstrates that the role of anthropologists as cultural experts has been marked by a practical and substantive evolution throughout the 20th century, and should therefore not be restrictively understood in relation to expert witnessing before courts. Rather, this paper underlines the transformative and multifaceted nature of cultural expertise, and highlights the problematic duality of the position that the two “generations” of anthropologists involved in this controversy have experienced, navigating between a supposedly impartial position as experts, and an arguably biased engagement as advocates for Native American religious rights.


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