The French Approach to the Right to Work : The Potential of a Constitutional Right in Ordinary Courts

2020 ◽  
Author(s):  
Darina Dimitrova ◽  

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.


2020 ◽  
pp. 35-40
Author(s):  
J. Marchenko

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.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

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.


2017 ◽  
Vol 61 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Nathan John Cooper

AbstractDespite a constitutional right to water, challenges remain for access to sufficient water in South Africa. This article considers the degree to which current legal provisions perpetuate approaches that are antithetical to genuinely eco-socio-sustainable water access. Water in South Africa has largely been re-cast as a commodity, exposed to market rules, proving problematic for many and giving rise to various responses, including litigation. In the seminal case of Mazibuko, the Constitutional Court failed to provide robust protection to the right to water, providing impetus for the formation of “commons” strategies for water allocation. Indeed, “commoning” is beginning to represent not only an emerging conceptual strand in urban resource allocation, but also a dynamic, contemporary, eco-sensitive, socio-cultural phenomenon, driving innovative, interactive and inclusive forms of planning and social engagement. Against the backdrop of unequal water access, commoning offers glimpses of an empowering and enfranchising subaltern paradigm.


1935 ◽  
Vol 50 (2) ◽  
pp. 71 ◽  
Author(s):  
Elliott M. Grant
Keyword(s):  

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