scholarly journals Los derechos sociales ante la vulnerabilidad. Retos y problemáticas en un marco de flexibilidad y desregulación

2018 ◽  
pp. 143-167
Author(s):  
Asier MARTÍNEZ DE BRINGAS
Keyword(s):  
Social Rights ◽  
Paid Employment ◽  
The Status ◽  
The Subject ◽  
Conditions Of Possibility ◽  
Lost Potential ◽  
The Right

LABURPENA: Krisi ostea delakoak inoiz baino eragin handiagoa dauka eskubide sozialetarako aukeren eta premien baldintzetan. Testuinguru horretan, soldatako enpleguak funtsezko rola bete du eskubideak lortu eta horien babespean egoteko giltza gisa. Gainera, langile formalaren estatusa ez duten pertsonen bazterketa dakar eskubideen alorrean. Izan ere, eskubideak egituratuz joan den aztarna historikoak bereizi egin ditu, nolabait, «subjektu langilea» eta «eskubideen subjektua». Kontua da, baina, eskubideak eskuratzeko orduan eraginik handiena izaten ari den faktoreetako bat —enplegua, alegia—ezin dela inolaz ere izan eskubideon oinarri eta azalbide bakarra. Ikuspuntu horretatik, eskubide sozialen zentraltasun estrategikoa funtsezkoa izango da eskubideen interdependentzia apurtua berrezartzeko. Ikuspuntu horretatik, beharrezkoa da «existentziarako eskubide»aren kategoria berreskuratzea; hain zuzen ere, galdutako —edo aktibatu gabeko— gainerako eskubide sozialen ahalmena berreskuratzeko. RESUMEN: La llamada postcrisis afecta más que nunca a las condiciones de posibilidad y emergencia de los derechos sociales. En este contexto, el empleo asalariado ha jugado un papel fundamental como bisagra para adquirir derechos y estar protegido por estos. Implica, también, la exclusión de derechos para todas aquellas personas que no tienen el estatus de trabajador formal. La huella histórica con la que se han ido construyendo los derechos ha permitido una suerte de identificación entre el «sujeto trabajador» y el «sujeto de derechos». Los derechos, sin embargo, no se pueden sustentar ni explicar sólo desde uno de los factores que más está influyendo en el acceso a los mismos: el empleo. En este enfoque, la centralidad estratégica de los derechos sociales va a resultar fundamental para restaurar la interdependencia fracturada de los derechos. Desde esta mirada, resulta fundamental recuperar una categoría como el «derecho a la existencia» para reestablecer la potencialidad perdida, o no activada, del resto de derechos sociales. ABSTRACT: The so-called post-crisis affects more than ever the conditions of possibility and emergence of social rights. In this context, paid employment has played a fundamental role as a hinge to acquire rights and be covered by them. It also implies the exclusion of rights for all those who lack of the status of formal worker. The historical trail upon which rights have been built has allowed a sort of identification between the «working subject» and the «subject of rights». Rights, however, cannot be supported or explained only from one of the factors that is most influencing access to them: employment. In this approach, the strategic centrality of social rights has to be essential to restore the fractured interdependence of rights. From this perspective, it is essential to recover a category as the «right to existence» to reestablish the lost potential, or not activated, of the rest of social rights.

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

scholarly journals SALE OF LAND AS A FUTURE THING

2020 ◽  
pp. 20-25
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina
Keyword(s):  
Civil Law ◽  
Land Plot ◽  
Judicial Practice ◽  
The Future ◽  
The Status ◽  
The Subject ◽  
The Right

The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.

State civil disobedience: A republican perspective

2018 ◽  
Vol 14 (3) ◽  
pp. 331-348 ◽  
Author(s):  
Danny Michelsen
Keyword(s):  
International Relations ◽  
Civil Disobedience ◽  
Social Rights ◽  
Constitutional Rights ◽  
State Action ◽  
The Status ◽  
Right To Participation ◽  
Legitimate State ◽  
The Right ◽  
International Trade Laws

The article deals with the question of whether or under which circumstances it is reasonable to interpret some forms of illegal state action as civil disobedience and whether republican political theory can make a difference to the justification of those actions. It is argued that the theory of freedom as non-domination and the interpretation of the right to participation as the “right of rights” in a legitimate state provide a better justificatory scheme for cases in which developing or emerging countries break international trade laws for the purpose of protecting constitutional rights than Rawls’ theory of civil disobedience, because it takes the problem of power asymmetries in international relations and the status of social rights more seriously. However, these republican standards do not offer different practical solutions for a specific type of state disobedience, humanitarian intervention, because transferring the standards of non-domination and the fundamental right to participation to international relations would lead to a “maximalist” interpretation of human rights, which would undermine the function of such interventions as an instrument of last resort against oppressive governments.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals El compromiso ético y político com el derecho a la educación: entre discursos y realidades / The ethical and political commitment to the right to education. Between discourses and realities / O compromisso ético e político com o direito à educação. Entre discursos e realidades

2018 ◽  
Author(s):  
Isabel Carrillo Flores
Keyword(s):  
World War Ii ◽  
Quality Education ◽  
Social Rights ◽  
Political Commitment ◽  
World War ◽  
Right To Education ◽  
Derechos Humanos ◽  
Human Formation ◽  
The Subject ◽  
The Right

Resumen: El legado del siglo veinte nos muestra avances en los Derechos Humanos, entre ellos el Derecho a la Educación, pero también nos evidencia los problemas de vulneración y las barreras aún existentes. Las crisis económicas recientes han agravado la situación, y las desigualdades educativas en vez de disminuir se acrecientan al amparo de políticas de ajuste en lo concerniente a derechos sociales. El contenido del texto plantea tal coyuntura y para hacerlo se estructura en cuatro apartados. Tras una breve presentación que nos permite contextualizar el tema, se realiza un breve repaso a cuatro estudios impulsados por la UNESCO (Coombs, Faure, Delors, Morin) que muestran las dificultades y los logros en educación desde la segunda guerra mundial al cambio de milenio. A continuación se presentan dos paradojas que vive la educación cuestionada del presente. Por una parte se expanden las políticas que llevana prácticas que niegan la educación como derecho, al mismo tiempo se ensalza el valor de uma educación de calidad para el desarrollo. Por outra parte, y en relación a lo anterior, la educación de calidad que se propone no incorpora la formación humana, más bien al contrario se mercantiliza la educación y se propone uma educación para el emprender y la empleabilidad como medida anticrisis. En el último apartado se plantea el Derecho a la Educación como reto deseable y posible.Abstract: The legacy of the 20th century has shown advances in the achievement of Human Rights, included the Right to Education. However, it has also shown problems involving the vulnerability and the barriers still existent regarding such rights. The economic crisis have aggravated the situation, and the educational inequalities, in place of weakening, grow along with the adjustment of social rights policies. This paper exposes such scenario, and, to do so, is structured in 4 sections. After a brief introduction that allows the contextualization of the subject, there is a brief review of four studies promoted by UNESCO (Coombs, Faure, Delors, Morin) that show the difficulties and the achievements on education from world war II until the change of the century. Then, the paper exposes two paradoxes which education goes through. On one hand, there is an expansion of policies that result in practices that deny education as a right, but at the same time an exaltation of the values of a quality education for development. On the other hand, the quality education exalted does not incorporate a human formation, but, on the contrary, mercantilizes itself, being education proposed as a means for entrepreneurship and the emplyability as an anticrisis mechanism. In the last section, the right to education is shown as a desirable and possible challenge.Resumo: O legado do século XX nos mostra avanços nos Direitos Humanos, entre eles o Direito à Educação. Mas também nos evidencia os problemas envolvendo a vulnerabilidade e as barreiras ainda existentes. As crises económicas recentes têm agravado a situação, e as desigualdades educativas, em vez de diminuir, crescem ao amparo de políticas de ajustes relativas aos direitos sociais. O conteúdo do texto expõe tal conjuntura e, para fazê-lo, se estrutura em quatro seções. Após uma breve apresentação que permite contextualizar o tema, faz-se uma breve revisão de quatro estudos promovidos pela UNESCO (Coombs, Faure, Delors, Morin) que mostram as dificuldades e os êxitos na educação desde a segunda guerra mundial até a mudança do século. Após, são apresentados dois paradoxos pelos quais passa a educação ora analisada. Por um lado, se expandem as políticas que levam a práticas que negam a educação como direito, mas ao mesmo tempo se exalta o valor de uma educação de qualidade para o desenvolvimento. Por outro lado, e em relação ao anterior, a educação de qualidade que se propõe não incorpora a formação humana, mas ao contrário, se mercantiliza, propondo-se uma educação para o empreendedorismo e a empregabilidade como uma medida anti-crise. Na última seção, o direito à educação é apresentado como um desafio desejável e possível.

scholarly journals Dano and Alimanovic: the recent evolution of CJEU caselaw on EU citizenship and cross-border access to social benefits

2017 ◽  
Vol 3 (1) ◽  
pp. 65-80
Author(s):  
Rui Lanceiro
Keyword(s):  
Member State ◽  
Case Law ◽  
Social Benefits ◽  
Social Rights ◽  
Member States ◽  
New Approach ◽  
Cross Border ◽  
The Social ◽  
The Status ◽  
The Right

Since its inception, the concept of EU citizenship, as well as the rights and duties deriving therefrom, has evolved considerably, particularly in the area of social rights. ECJ case law has played a central role in defining the right of EU citizens to access social benefits in the host Member States, which meant a decrease in their degree of discretion to restrict the access to national social securities systems. However, the recent Dano and Alimanovic judgments represent a significant change from previous case-law, setting limits on the right of EU citizens to social benefits in the host Member States. The right of residence in another Member State appears to be dependent on the status of a worker citizen in accordance with the new methodology in order to avoid being an excessive burden on the social system of the host Member State. However, the new approach still leaves several unanswered questions. Were these decisions an attempt to address the “social security tourism” debate? Is the CJEU falling behind with regard to the protection of social rights? What will remain of previous jurisprudence?

The Status of Knighthood Appointments Made by Deposed Royal Families

2018 ◽  
Author(s):  
Shutaro Takeda
Keyword(s):  
20Th Century ◽  
Focal Points ◽  
Comprehensive Review ◽  
The Family ◽  
The Status ◽  
The Subject ◽  
New Interpretation ◽  
The Right

Legal debates on the deposed sovereigns’ rights have emerged since 20th century. Among them, the right to appoint knights by heads of deposed royal families is one of the focal points. The author begins with a comprehensive review of legal debates on the subject. Six principles on the appointment are extracted from the review. Then, a new interpretation is proposed, wherein the legitimacy to confer honours and the legitimacy of the orders of knighthood themselves have to be considered separately. Under this method of interpretation, the criterion to judge the legitimacy of an appointment of knight is both the jus honorum of the head of the family and the order of knighthood itself being legitimate.

scholarly journals Origin, establishment and development of the idea of self-determination of peoples

2021 ◽  
pp. 60-73
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
International Relations ◽  
International Law ◽  
Self Determination ◽  
Modern World ◽  
Territorial Integrity ◽  
The World ◽  
The Status ◽  
The Subject ◽  
The Right

The subject of this research is the examination of evolution of the idea of self-determination of peoples based on the fundamental works of the Russian and foreign scholars, thinkers of the antiquity and modernity. The author considers the transformations experienced by the principle of self-determination at various historical stages of development; as well as builds a corresponding systems of the development cycles. The conclusion is made that after conception of the idea of self-determination, the colonial powers viewed this concept as ethical, seeing the threat to legitimacy of the established order. Therefore, throughout almost a century, the leading countries refused to include this right into the corresponding international and domestic documents. The main conclusions are as follows: after consolidation of the principle in the Charter of the United Nations, it became the foundation for the emergence of news states and destruction of the colonial world; the principle served as a leitmotif for the development of human rights and international relations, but at the same time became a threat and challenge to the territorial integrity; wars between the countries are replaced with the civil and interethnic conflicts; the world is captured with such phenomena as state nationalism that subsequently grew into extremely radical forms, such as fascism and Nazism; the modern international law actively promotes the two competing principles – territorial integrity and self-determination; in modern world, the right to self-determination is not limited by peoples under the colonial past – there occur new forms of self-determination that threaten the existence of sovereign states. Uncertainty of the status of the newly emerged states formations serves as the source of domestic and international tension, which inevitably leads to intergovernmental clashes and negatively impacts geopolitical situation in separate regions and in the world as a whole.

scholarly journals EPHREM (KUZNETSOV), VICAR BISHOP OF SELENGINSK — A NEW MARTYR AND CONFESSOR OF RUSSIA: LIFE PAGES

2021 ◽  
Vol 3 ◽  
pp. 3-10
Author(s):  
Drobotushenko E. V. ◽  
Keyword(s):  
Russian Orthodox ◽  
Russian Orthodox Church ◽  
Local Council ◽  
John The Baptist ◽  
Analysis And Synthesis ◽  
The Status ◽  
Complete Study ◽  
History Of ◽  
The Subject ◽  
The Right

The article describes the life of a Vicar of Transbaikal Diocese, the Right Reve- rend Bishop of Selenginsk Ephrem (Kuznetsov). His biography has become the subject of analysis by researchers, however, it is impossible to say that today it is full. The authors of publications, citing the facts from the life of the bishop, often do not make references to the sources, and this does not allow us to speak about the unambiguous reliability of all the information provided. It should also be noted that the same data is rewritten from article to article. At the same time, the researches pay little attention to the activity of Ephrem (Kuznetsov) as an author of a significant number of published works. It is widely known that the bishop was a member of the Local Council of the Russian Orthodox Church in 1917–1918, but there is no information about his activities in this status. In the history of Transbaikal Orthodoxy there are few figures, who became famous not only in the re-gion, but also beyond its borders, due to their heroic conduct, and not to the status. They were Varlaam (Nadezhin) — the missionary, founder and first abbot of Chikoy Monastery of the John the Baptist, then Vicar Bishop of Selenginsk, later Bishop of Yakutsk and Vil-yui, Bishop of Ryazan and Zaraysk, church writer Meletiy (Yakimov). An equally bright personality who did a lot for the development of Orthodoxy in Transbaikalia was Ephrem (Kuznetsov). We have made an attempt to collect the known facts on the life of Bishop Ephrem using the methods of collection, analysis and synthesis of material. The article re-flects archival materials, as well as publications of the bishop. The available data do not allow us to speak about the complete study of the biography of the Right Reverend Ephrem (Kuznetsov), thus further serious work with sources is required to fill in its blank pages.

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