The limits of U.S. racial equality without a Latin American constitutional “right to work” – a thought experiment

2018 ◽  
pp. 258-286 ◽  
Author(s):  
Tanya Katerí Hernández
Keyword(s):  
Latin American ◽  
Thought Experiment ◽  
Racial Equality ◽  
Right To Work ◽  
Constitutional Right

scholarly journals Employer’s Decision on Organizational Change and Business Management of the Company

2021 ◽  
Vol 9 (2) ◽  
pp. 21-41
Author(s):  
Helena Barancová
Keyword(s):  
Organizational Change ◽  
Business Management ◽  
Fundamental Importance ◽  
Labour Law ◽  
Right To Work ◽  
Constitutional Right

The employer’s decision on organizational change is subject of an amendment to the Labour Code, according to which this employer’s decision is a substantive precondition for the employer’s termination. The employer’s decision on organizational change is genetically linked to the termination as a basic legal act in the labour law. At this level, the employer’s decision on organizational change is of a fundamental importance for the area of termination in the labour law. The fact that the employer’s decision directly affects the validity of the termination is also related to the constitutional right to work as well as to the constitutional right to protect the employee from an unjustified dismissal. The Labour Code, at the same time, in § 63 par. 1 letter b) precisely enshrines not only the form of employer’s decision on organizational change, but also its content, and in § 9 it also establishes the persons authorised to act on behalf of the employer

scholarly journals Latin American racial equality law as criminal law

2019 ◽  
Vol 14 (3) ◽  
pp. 348-358
Author(s):  
Tanya Katerí Hernández
Keyword(s):  
Latin American ◽  
Criminal Law ◽  
Racial Equality

The Dual Biopolitics in the Cuban Postplantation of Gloria Rolando’s Raíces de mi corazón

2021 ◽  
Vol 25 (2) ◽  
pp. 50-68
Author(s):  
Sarah Margarita Quesada
Keyword(s):  
Twentieth Century ◽  
Critical Race Theory ◽  
Latin American ◽  
Oral Tradition ◽  
American Exceptionalism ◽  
Racial Violence ◽  
Racial Equality ◽  
Modern History ◽  
Critical Race ◽  
Race Theory

This essay focuses on the “dual” biopolitics of Cuban filmmaker Gloria Rolando’s Raíces de mi corazón (Roots of My Heart, 2001). In her film about an antiblack genocide in early-twentieth-century Cuba, Rolando seeks to recover the suppressed 1912 massacre of members of the black Cuban Partido Independiente de Color (the Independent Party of Color) and thousands of other Afro-Cubans through the plane of the intimate. The author argues that Rolando’s film challenges the myth of racial equality throughout Cuba’s modern history by celebrating Afro-Cuban traditions, from orisha rituals to patakíes (Afro-Cuban oral tradition), over a reappropriated plantational space in which black sensuality contests negative biopolitical forms. Rolando not only draws from transnational critical race theory to address the myth of Latin American exceptionalism, she also challenges Michel Foucault’s conceptualization of biopolitics casting black sensuality over racial violence.

scholarly journals ON SOME QUESTION OF THE ADMINISTRATIVE LEGAL PROTECTION OF THE RIGHT TO WORK

2020 ◽  
Author(s):  
Darina Dimitrova ◽  
Keyword(s):  
Legal Protection ◽  
Right To Work ◽  
Constitutional Right ◽  
The Right

The present work examines the current legislation on some aspects of the administrative legal protection of the constitutional right to work. As a result of the analysis of the content of the constitutional right to work and of the basic means for its administrative legal protection conclusions and summaries are made about the applicable normative regulation concerning the questions in consideration.

Constitutional right to pay – one of the most important socio-economic human rights

2020 ◽  
pp. 35-40
Author(s):  
J. Marchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Main Body ◽  
International Labor Organization ◽  
Skilled Workers ◽  
Right To Work ◽  
Life Itself ◽  
Constitutional Right ◽  
The Right

Problem setting. Remuneration is the main source through which the employee meets both their primary needs and the needs of a higher level. At a time when, on the one hand, the problem of meeting material needs is exacerbated, and on the other – the transition to market relations and building a socially oriented market economy in Ukraine requires a broader outlook and highly skilled workers, wages, its level, timeliness payments are brought to the fore by life itself. Remuneration is one of the guarantees of the realization of the constitutional right to work, and, consequently, one of the most essential rights of workers. Analysis of recent researches and publications. The issue of wages was the subject of research by such scientists as V.M. Bozhko, N.B. Bolotin, V.M. Weger, Y.M. Veres, O.V. Gaeva, N.D. Hetmantseva, S.Yu. Golovina, O.O. Ershova, M.I. Kuchma, L.I. Lazor, R.Z. Livshits, M.V. Lushnikova, A.Yu. Pasherstnik, O.I. Protsevsky, V.O. Radionova- Vodyanytska, N.M. Salikova, N.M. Khutoryan, E.B. Khokhlov, G.I. Chanisheva, O.M. Yaroshenko, and others. Target of research to consider remuneration as one of the guarantees of realization of the constitutional right to work. Article’s main body. The constitutional right to remuneration, as well as the right to work, is the most important socio-economic right of a person and a citizen, guaranteed by the Constitution of Ukraine, international legal acts and laws of Ukraine, which allows everyone to receive fair remuneration for their work. Despite the fact that the right to remuneration is constitutional, there are still many cases when this right is not respected and citizens are forced to apply to the authorities for protection, including non-payment or improper payment of wages. Conclusions and prospects for the development. The right to remuneration is characterized by the following features that determine its place in the system of constitutional human and civil rights enshrined in the Basic Law of Ukraine: a) is one of the fundamental human rights established by the Constitution of Ukraine, international legal acts and laws of Ukraine and recognized by most states the world; b) has economic and social components. The economic component is that a person can provide for himself and his family by means of subsistence. The social component is due to the fact that the state through a system of guarantees provides social assistance to workers and their families; c) is determined and guaranteed by the state through a system of legal guarantees; d) international normative legal acts, such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the European Social Charter (revised) of 1996, and conventions play an important role in the realization of the right to remuneration. International Labor Organization, etc.; e) is guaranteed not only for citizens of Ukraine, but also for foreigners and stateless persons who are on the territory of our state on legal grounds.

scholarly journals El control de convencionalidad en el contexto de la tensión entre el margen de apreciación nacional y el "ius contitutionale commune" latinoamericano. /

2021 ◽  
pp. 52-104
Author(s):  
Federico Agustín Acheriteguy
Keyword(s):  
Human Rights ◽  
Latin American ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Minimum Order ◽  
Derechos Humanos ◽  
Margin Of Appreciation ◽  
Constitutional Right ◽  
The Moment ◽  
Centripetal Forces

En este trabajo se abordará el tenso equilibrio existente entre las fuerzas centrifugas y centrípetas del proceso de construcción del derecho internacional de los derechos humanos en Latinoamérica, a saber: las doctrinas del ius constituionale commune americanum y del margen de apreciación nacional. En tal sentido, nuestra hipótesis es que un análisis crítico de las tesis que proponen la consolidación de un derecho constitucional común latinoamericano, a través de la obra de la Corte Interamericana de Derechos Humanos en el ejercicio del control de convencionalidad, arroja la conclusión de que aquel, por el momento, no es más que un ordenamiento de mínimos, y que, como consecuencia, la doctrina del margen de apreciación nacional seguirá estando vigente en esta parte del mundo. AbstractThis paper will address the tense balance between centrifugal and centripetal forces in the process of building international human rights law in Latin America, namely: the doctrines of the iusconstituionale commune americanum and the national margin of appreciation. In this sense, our hypothesis is that a critical analysis of the theses that propose the consolidation of a Latin American common constitutional right, through the work of the Inter-American Court of Human Rights in the exercise of conventionality control, yields the conclusion that that, for the moment, is nothing more than a minimum order, and that, as a consequence, the doctrine of the national margin of appreciation will continue to be in force in this part of the world.

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