scholarly journals Inter-American Court Recognizes Elevated Status of Trade Unions, Rejects Standing of Corporations

2018 ◽  
Author(s):  
Angela B. Cornell

3 International Labor Rights Case Law (2017)The Inter-American Court was unanimous in concluding that legal entities do not have the standing to directly access the Inter-American system in a contentious process as presumptive victims. Corporations therefore will not be permitted to access the Court as victims of human rights transgressions, which the Court determined is limited to human beings, with two exceptions: trade unions and indigenous communities. Trade unions have standing as victims of human rights violations on their behalf and that of their members, but under certain limitations. This commentary focuses on the Court’s decision with regard to trade unions, but begins with a description of the heart of the decision limiting the access of other legal entities.

Author(s):  
Paulo Pinto de Albuquerque

The European Court of Human Rights (the Court, the ECHR) has made a significantcontribution to the protection of social rights in general and labor rights in particular. The articlefocuses on four specific areas that demonstrate the richness of case-law in this area. First of all, theauthor focuses on individual issues related to the general rights of workers, drawing attention to issuesof unfair dismissal, the right to respect for private and family life, freedom of religion and freedomof expression. Secondly, the author dwells on the protection of the rights of migrant workers underthe Convention for the Protection of Human Rights and Fundamental Freedoms. Third, the articleexamines trade union rights in the light of freedom of association. Finally, reflecting the economiclandscape of the past decade, case-law is provided to demonstrate how austerity measures can affecthuman rights and how the Court has responded to this problematic issue.Social rights, including labor rights, have received many advantages from the fact that they wereconsidered in the case-law of the Court, since its practice clarified the boundaries and limited thestate’s unlimited discretion in the management of these rights. At the same time, a certain trend hasformed. If at first the protection of workers’ rights and freedoms sharply increased, which is confirmedby some textbook cases of the ECHR, now it is impossible not to notice a regressive trend that isassociated with labor legislation, expands the discretion of governments and significantly limits theeffectiveness of the Court when considering labor rights. However, this regressive trend should notbe regarded as irreversible. The article highlights how meaningful consideration of soft law principlesallows the Court to take a progressive position that promotes labor rights and how it can continueto help protect workers’ rights.


2018 ◽  
Vol 11 (3) ◽  
pp. 33
Author(s):  
Shuhong Yu ◽  
Malik Zia-ud-Din

The research is an attempt to comprehend with these issues and enunciate an argument that international labor rights and labor standards are a pivotal component of international trade, investment, and development strategy for the well-being of the entire society not only for the wealthy nations. Section 1 of the paper lays out unanimity of labor rights and standards depicted from different sources with evoking instances showing real concerns that have originated with the development of new universal trade. Section 2 illustrates various forums where the international labor rights assertion perhaps induced, through a discourse of multiple supervision or enforcement mechanism available under such forums. Last part of the paper concludes the study and proposes future initiatives to labor rights advocates from all discussions and further recommends new allegiances to international fair labor rights and standards by government, employers, and trade unions entered into a global economy.


2006 ◽  
Vol 19 (2) ◽  
pp. 491-504 ◽  
Author(s):  
CLAUDIA MARTIN

Moiwana Village is the second case to be decided by the Inter-American Court on Human Rights against Suriname in which the victims are members of an ethnic community that descends from ‘Bush Negroes’ or ‘Maroons’, namely escaped former slaves who established new autonomous communities in the eastern part of Suriname. In contrast to its prior judgment, in Moiwana the Court shows a striking evolution in its case law regarding the treatment of ethnic or group rights. This approach, which may be traced back to previous case law on the rights of indigenous communities, affords an enhanced protection to members of an ethnic community in the light of their disadvantaged position as a vulnerable group and taking into account the ancestral traditions followed by the community. After the Moiwana case, the Court decided Yakye Axa and Yatama, two cases regarding indigenous and ethnic communities in which this tribunal consolidated its approach towards the protection of these vulnerable groups.


2018 ◽  
Vol 1 (1) ◽  
pp. 109-133
Author(s):  
Kartika Dewi Mulyanto

The existence of domestic workers or better known as domestic workers is no stranger to the life of Indonesian society. Domestic worker is a job that provides services to a family to do homework such as cooking, cleaning house, washing clothes and others. However, because there is no regulation that regulates domestic workers maximally, and there are often different degrees between employers and workers, there is a lot of violence against domestic workers. In 2011, the International Labor Organization issued an ILO Convention No. 189 on Decent Work for Domestic Workers. This Convention as evidence that domestic workers need to be legally protected as human beings with human rights. Based on the result of the research, it can be concluded that the act of ratification of ILO Convention No. 189 of 2011 on Decent Work for Domestic Workers needs to be done, in an effort to increase the protection of domestic workers' rights law, to increase the economy of domestic workers, and to raise the social status of domestic workers Indonesia. Abstrak Keberadaan pekerja rumah tangga atau yang lebih dikenal sebagai pembantu rumah tangga sudah tidak asing lagi dalam kehidupan masyarakat Indonesia. Pekerja rumah tangga merupakan suatu pekerjaan yang memberikan jasa kepada suatu keluarga untuk mengerjakan pekerjaan rumah seperti memasak, membersihakan rumah, mencuci baju dan yang lainnya. Namun karena belum ada regulasi yang mengatur pekerja rumah tangga secara maksimal, dan sering terjadi perbedaan derajat antara majikan dan pekerja, maka banyak terjadi kekerasan terhadap pekerja rumah tangga. Pada tahun 2011, International Labour Organization mengeluarkan suatu Konvensi ILO Nomor 189 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga. Konvensi ini sebagai bukti bahwa pekerja rumah tangga perlu mendapat perlindungan secara hukum sebagai manusia yang memiliki hak asasi manusia. Berdasarkan hasil penelitian dapat disimpulkan bahwa tindakan ratifikasi Konvensi ILO Nomor 189 tahun 2011 tentang Pekerjaan yang Layak bagi Pekerja Rumah Tangga perlu dilakukan, sebagai upaya peningkatan perlindungan hukum hak-hak pekerja rumah tangga, peningkatkan ekonomi pekerja rumah tangga, serta menaikkan status sosial pekerja rumah tangga Indonesia.


2015 ◽  
Vol 4 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Tenia Kyriazi

Although the legal notion of slavery has been defined in article 1 of the 1926 Slavery Convention, it is currently being widely used to encompass various practices of abuse, oppression and exploitation. Trafficking in human beings is one such practice, extensively being referred to as a contemporary form of slavery. This article attempts to establish the legal criteria on the basis of which trafficking in human beings can constitute slavery and to define states’ obligations deriving from it, in the light of the recent relevant case-law of the European Court of Human Rights, and to highlight its impact to the current European anti-trafficking regulatory framework.


2021 ◽  
Vol 7 (1) ◽  
pp. 96-119
Author(s):  
Melina Girardi Fachin ◽  
Flávia Piovesan

Based on the study of some Brazilian cases submitted to the Inter-American Commission on Human Rights, this article aims to identify proposals to overcome common Latin- American challenges in the implementation of international recommendations. In the first part, in a retrospective analysis, several emblematic Brazilian cases and their domestic impacts and changes are addressed. In a second part, with a prospective view guided by the domestic contributions to which the Inter-American System is oriented, highlights the current system’s challenges. At this stage, proposals to overcome challenges are outlined, especially regarding the obstacles to implement the Commission’s recommendations, where the main results of the article arise. The reason for this study stands on the conviction that the compliance with international recommendations is the element that guarantees the exercise of the transformative potential of Human-Rights Systems. With the methodological research based on a bibliographical research and case law, the role of the Inter-American Commission is redesigned in the light of a dialogical triad composed by the organs of the International System, the States constitutionalism and organised civil society.


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