scholarly journals PROTECTION AGAINST PRE-EMPLOYMENT DISCRIMINATION IN MALAYSIA

2020 ◽  
Vol 8 (1) ◽  
pp. 1-8
Author(s):  
NIK SALIDA SUHAILA NIK SALEH
Keyword(s):  
Human Rights ◽  
Equal Opportunity ◽  
Employment Discrimination ◽  
Personal Characteristics ◽  
Ethnic Origin ◽  
Employment Relationship ◽  
Equal Rights ◽  
Right To Work ◽  
The Law ◽  
The Right

The principles of equal rights and non-discrimination as well as the right to equality before the law and equal protection of the law are fundamental human rights principles enshrined under Article 55 of United Nations Charter and Article 7 of the Universal Declaration of Human Rights (UDHR). The UDHR, international human rights standards and state practise consistently view employment and the right to work to include pre-employment. Therefore, rights during pre-employment would also fall within the scope of right to work regime. It is important to stress that the employer must not make employment decisions based on personal characteristics such as gender, race, nationality, ethnic origin, religion or belief, disability, age or any unrelated issues to inherent job requirements. Employer must base the employment relationship on the principle of equal opportunity and fair treatment and will not discriminate with respect to all aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. This paper will analyse the international laws, laws of other jurisdictions and Malaysian laws on protection against pre-employment discrimination. Recommendations would be accorded to ensure that Malaysia guarantee equal rights among jobseekers

scholarly journals СУДСКА ГРАЂАНСКОПРАВНА ЗАШТИТА ОД ДИСКРИМИНАЦИЈЕ ПО ОСНОВУ ПОЛА

TEME ◽  
2018 ◽  
pp. 917
Author(s):  
Владимир Боранијашевић
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Personal Characteristics ◽  
Democratic Society ◽  
Contemporary Society ◽  
Social Phenomenon ◽  
The Law ◽  
The Republic ◽  
The Right

Although defined as an extremely negative social phenomenon and prohibited according to the regulations of numerous documents, discrimination is widely present in contemporary society. An almost unlimited list of personal characteristics of an individual or a group of people is a basis for various ways of discriminatory acts. One form of discrimination is discrimination based on sex. The right to equality of sexes represents one of the basic human rights and a significant value of democratic society, while it is exactly discrimination based on sex that represents one of the most common forms of discrimination. In the paper the concept of equality of sexes, normative sources which prohibit discrimination based on sex and legal solutions contained in the Law on Equality of Sexes of the Republic of Serbia have been pointed out. Special attention has been given to the analysis of the specific rules according to which to provide civil legal protection against discrimination and according to which to act in litigations for protection against discrimination based on sex.

scholarly journals Does Customary Law Discriminate Balinese Women’s Inheritance Rights?

2018 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Hanna Christine Ndun ◽  
Sarah Suttor ◽  
I Gusti Agung Ayu Dike Widhiyaastuti
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Customary Law ◽  
Women’S Rights ◽  
Court Decisions ◽  
Equal Rights ◽  
Men And Women ◽  
The Law ◽  
The Right

There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.

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.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Access to Court v State Immunity

2003 ◽  
Vol 52 (2) ◽  
pp. 297-332 ◽  
Author(s):  
Emmanuel Voyiakis
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
State Immunity ◽  
European Court ◽  
The Law ◽  
The Right

This comment discusses three recent judgments of the European Court of Human Rights in the cases of McElhinney v Ireland, Al-Adsani v UK, and Fogarty v UK. All three applications concerned the dismissal by the courts of the respondent States of claims against a third State on the ground of that State's immunity from suit. They thus raised important questions about the relation the European Convention on Human Rights (the Convention)—especially the right to a fair trial and access to court enshrined in Arcticle 6(1)—and the law of State immunity.

Equal Rights and Unequal People

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
Public Opinion ◽  
Social Class ◽  
Equal Opportunity ◽  
Equal Treatment ◽  
Equal Rights ◽  
Criminal Trials ◽  
The Law ◽  
And Gender ◽  
The Ideal

Though Americans have favored the idea of equal rights and equal opportunity, they recognize that differences in wealth and social advantage, like differences in ability and appearance, influence the realization, or not, of equal rights, including equality before the law. In the generations after 1776 the rights of creditors, for example, often overrode the rights of debtors. And criminal trials demonstrate that in courtrooms equal treatment was most often achieved when defendant and victim came from the same social class. Otherwise if they came from different classes social realities, including ethnicity, color, and gender could shape court officials and public opinion. And when a woman’s sexual virtue was compromised, her credibility was almost always discounted. In principle officials paid homage to the ideal of equality before the law, but in practice unequal rights often prevailed.

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 The Legal Position and Factual Situation of Women Participation to Inheritance in Kosovo

2014 ◽  
Vol 4 (1) ◽  
pp. 271
Author(s):  
LL.M. Egzonis Hajdari
Keyword(s):  
Human Rights ◽  
Legal Aspect ◽  
Practical Situation ◽  
Practical Reality ◽  
Legal Position ◽  
The Law ◽  
The Right ◽  
Women Participation

The right to inheritance represents one of the basic human rights. As such this right is regulated by the law. The Law on Inheritance in Kosovo regulates substantially, all the issues related to inheritance. In this context, this Law contains numerous rules that proclaim full equality of women with men to inheritance.Regardless of equality proclaimed by law practical reality of life indicates a different situation. This reality proves that women participation to inheritance nevertheless is very small. The reasons for this situation are numerous and diverse, but mostly they have to deal with the still existence in people's conscience of many customary rules, which constantly treated women as a subject of second hand. In this article a modest attempt is made to reflect besides legal aspect also the practical situation indicating the degree of women participation to inheritance in Kosovo, in all grades that she may appear as heir.

scholarly journals Evaluation of the Possible Integration of Uzbekistan into the EAEU with Reference to the Country’s Joining the WTO

2020 ◽  
Vol 5 (5) ◽  
Author(s):  
Odil Olimovich Olimjonov
Keyword(s):  
Member State ◽  
Place Of Residence ◽  
Right To Work ◽  
The Law ◽  
The Right

The introduction of a favorable visa regime for Uzbeks will make it easier for them to move not only to work in the union, but also to live. This will allow Uzbekistan, which has a relatively dense demographic position, to effectively distribute its population across the Union countries. In addition, Uzbeks will become full members of citizens, working on equal terms and with the same rights as citizens of other countries. For example, citizens of a member state of the EAEU have the right to work without obtaining a patent, that is, without paying a patent fee. However, they are required to undergo temporary registration (registration) at the place of residence. Of course, it is the law of every country that any person (even as a tourist) must inform the appropriate authorities about their place of residence. The exemption from the payment of patent fees in many respects requires cooperation with the union.

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