ISSUES OF RESTORING SEPARATE RIGHTS OF THE REHABILITATED

2021 ◽  
Author(s):  
Есита Эминовна Ганаева
Keyword(s):  
Labor Rights ◽  
Individual Rights ◽  
The Right

В статье рассмотрены вопросы восстановления отдельных прав реабилитированного, процесс восстановления трудовых прав граждан, имеющих право на реабилитацию. The article considers the issues of restoration of individual rights of the rehabilitated person, the process of restoration of labor rights of citizens who have the right to rehabilitation.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

The Brazilian Public Health in Contemporary Capitalism

2018 ◽  
Vol 48 (4) ◽  
pp. 760-775 ◽  
Author(s):  
Virgínia Junqueira ◽  
Áquilas N. Mendes
Keyword(s):  
Public Debt ◽  
Labor Rights ◽  
Private Capital ◽  
Left Wing ◽  
Public Fund ◽  
Popular Resistance ◽  
Unified Health System ◽  
Brazilian Government ◽  
Social Insecurity ◽  
The Right

This article examines some political and economic facts that led to an intensification of austerity measures by the Brazilian government, including ones against the Unified Health System (SUS) and its progressive dismantling. In a country where fundamental human rights were never fully respected, nowadays social and labor rights are under severe attacks. The deepening of the capital crisis and the rise of interest-bearing capital dominance have been causing unemployment, social insecurity growth, and resulting public fund appropriation by the private capital. The Brazilian governments in the 1990s and 2000s have implemented deeper cuts in social policy expenditure, freezing security benefits, privatizing services, and prioritizing the payment of public debt interests. The right wing’s project involves the demoralization of not only the Workers’ Party but also the left as a whole, so that the adoption of austerity measures could be achieved without popular resistance. It is the duty of the Brazilian left wing to denounce such a project and to provoke firm initiatives to rebuild its bonds with the working class.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

6. Individual rights and remedies

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Individual Rights ◽  
The Right ◽  
To Receive

This chapter examines the rights that are specifically conferred upon data subjects and to the remedies which may be available in the event of any breach. The Data Protection Act 1998 provides in the sixth data protection principle that ‘Personal data shall be processed in accordance with the rights of data subjects under this Act’. Part II of the Act is entitled ‘Rights of Data Subjects and Others’ and provides for rights of access, the right to receive certain items of information, and rights either total or qualified to object to certain forms of processing of their personal data.

In Defense of Productive Human Rights

2018 ◽  
Author(s):  
Bas van der Vossen ◽  
Jason Brennan
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Human Life ◽  
Theory And Practice ◽  
Individual Rights ◽  
Theory Of Justice ◽  
Freedom Of Contract ◽  
The Right

The chapter defends economic liberties such as the right to private property and freedom of contract as basic human rights, which the authors refer to as productive human rights. Despite being largely ignored or criticized in the theory and practice of human rights, they serve all the key functions that human rights generally serve. Using a basic interest framework, the chapter show that productive rights qualify as human rights because they both directly serve the interests of individual rights-holders, as well as the interests of people across the societies in which they are upheld. The chapter concludes by reflecting on the theoretical implications of a theory of justice that omits productive rights, and focuses only on things like meeting people’s needs. Such a theory will end up distorting important truths about human life and agency.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

Writing (for) Workers: Alternative Workers’ Magazines in Francoist Spain and in State Socialist Poland in the 1960s and 1970s

2020 ◽  
Vol 17 (3) ◽  
pp. 53-72
Author(s):  
Anna Delius
Keyword(s):  
Trade Unions ◽  
Authoritarian Regimes ◽  
Labor Rights ◽  
Trade Unionism ◽  
Working Lives ◽  
Labor Activists ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Right ◽  
State Socialist

This article explores how repression and everyday conflicts at the workplace were connected with labor rights and trade unionism in two authoritarian regimes. It focuses on worker and labor activists’ media in Francoist Spain and in state socialist Poland during the years 1965–68 and 1977–79, respectively. Spanish and Polish workers both lacked the right to join and form independent trade unions, the right to free assembly and association, and the right to strike. At the same time, they faced comparable problems in their everyday working lives, including low salaries, excessive overtime, incompetent management, and deficits in safety and hygiene standards. In this context, (illegal) magazines for workers emerged. They provided new arenas for exchanging experiences, advertised strike actions all across the country, called for united action, and explained national legislation and global labor norms. Based on an analysis of Spanish and Polish workers’ publications, this contribution investigates how labor activists in these states addressed day-to-day problems and the constant violations of internationally binding labor norms.

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