scholarly journals How to Understand Limitations of the Right to Exit with Respect to Losses Associated with Health Worker Emigration: A Clarification

2018 ◽  
pp. 69-86
Author(s):  
Yusuf Yuksekdag
Keyword(s):  
Health Worker ◽  
Prima Facie ◽  
Skilled Workers ◽  
Skilled Worker ◽  
Recent Interest ◽  
Public Emergency ◽  
The Individual ◽  
The Right ◽  
Normative Perspective ◽  
Made In

There is a recent interest in the ethics of high-skilled worker emigration through which the limitations of the right to exit are discussed. Insightful arguments have been made in favour of (or against) the emigration restrictions on skilled workers in order to tackle the deprivations in developing countries. However, there is still a need for clarification on how we can understand, discuss and implement limitations of a right from a normative perspective. Significantly, how we understand the limitation of a right might determine how we approach such limitations – both in terms of the process of assessing the limitations and in terms of their implications. In this paper, I identify two distinct ways to understand limitations of the right to exit with respect to losses associated with health worker emigration, while also pointing to their implications for restrictive policies: (i) as a matter of scope, and (ii) as a matter of weight or emergency, which requires a compensatory scheme for the individual right holders. While the emergency restrictions seem to be a point of convergence in the literature, what defines an emergency and the nature of the compensation still warrant exploration. To that end, I also discuss from a normative perspective what might constitute a public emergency that would give states a prima facie prerogative to regulate temporary limitations on the exercise of the right to exit. In addition, I briefly introduce the implications of emergency restrictions, with a particular focus on compensatory schemes for individual right holders.

Individual Responsibilities in Partial Compliance: Skilled Health Worker Emigration from Under-Served Regions

2019 ◽  
Vol 13 (1) ◽  
pp. 89-98
Author(s):  
Yusuf Yuksekdag
Keyword(s):  
Health Worker ◽  
Health Workers ◽  
Fair Share ◽  
Skilled Workers ◽  
Care Needs ◽  
Skilled Worker ◽  
Partial Compliance ◽  
The Individual ◽  
Skilled Health ◽  
Skilled Health Worker

Abstract One of the ways to address the effects of skilled worker emigration is to restrict the movement of skilled workers. However, even if skilled workers have responsibilities to assist their compatriots, what if other parties, such as affluent countries or source country governments, do not fulfil their fair share of responsibilities? This discussion raises an interesting problem about how to think of individual responsibilities under partial compliance where other agents (including affluent countries, developing states, or other individuals) do not fulfil their fair share of responsibilities. What is fair to expect from them? Taking health worker emigration as a case in point, I discuss whether the individual health workers’ fair share of responsibilities to address basic health care needs decreases or increases when the other parties do not fulfil their share. First, I review the responsibilities that different stakeholders may hold. Second, I argue that there are strong reasons against increasing or decreasing health workers’ fair share of responsibilities in a situation of partial compliance. I also argue that it is unfair for non-complier states to enforce health workers to fulfil their fair share or take up the slack.

scholarly journals Transposition of the Acquis communautaire on information and consultation of employees into the legislation of the Republic of Moldova

2021 ◽  
pp. 211-216
Author(s):  
Teodorina Goriuc ◽  
Keyword(s):  
General Situation ◽  
Work Unit ◽  
Acquis Communautaire ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Right To Work ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Made In

Informing and consulting employees, either on the general situation of the community within the work unit, or on the particular requirements and circumstances of the execution of work by the individual is an indispensable guarantee of the proper realization of the right to work. The normative changes made in recent years, following the signing of the Association Agreement and the establishment of harmonization priorities in the acquis communautaire, serve indispensable to create a formal and procedural climate sufficient for the proper exercise of the fundamental right to work and association in labor interests. Considerably the normative gaps capable of limiting their exercise.

scholarly journals PROFESSIONAL TRAINING OF FUTURE SKILLED WORKERS IN PROFESSIONAL (VOCATIONAL) EDUCATION SCHOOLS BASED ON MODULAR ÀND COMPETENCE APPROACH

2019 ◽  
pp. 18-23
Author(s):  
Tetiana Herliand
Keyword(s):  
Labor Market ◽  
Vocational Education ◽  
Professional Training ◽  
Cognitive Activity ◽  
Professional Activity ◽  
Problem Analysis ◽  
Skilled Workers ◽  
Skilled Worker ◽  
Professional Activities ◽  
The Individual

Relevance: in order to implement the effective personal self-realization of the future skilled worker, there is a need for the system of professional (vocational) education to follow the changes in the sphere of work, respond to the economic situation in the country, the structure of the market of professions, the demand for new competences. All this requires a significant increase in the degree of flexibility of this education system, creation of fundamentally new forms of its interaction with the labor market, employers and their active participation in its further and future development. Purpose: to carry out theoretical and methodological substantiation of the system of professional training of future skilled workers in the professional (vocational) education schools on the basis of modular competence approach. Methods: theoretical analysis, study of regulatory documents, analysis of curricula – to find out the state of development of the problem and determine the directions of research; comparison – to study different scientific perspectives on the problem; analysis and synthesis – to develop criteria and indicators of the readiness of future skilled workers to carry out professional activities on a modular basis; systematization and generalization – to formulate conclusions. Results: the essential characteristics of module competence training are revealed, its peculiarities and main aspects are characterized, which create the proper conditions for the formation of key competences and suc- cessful training of future skilled workers, the development of their creative cognitive activity and independence in terms of modular mastery of professional activity. Conclusions: in the implemented professional training of future skilled workers, based on modular com- petence, there is a complex development of skills and knowledge within the framework of formation of the specific competence of the individual, which ensures the fulfillment of the specific labor function and reflects the requirements of the modern labor market.

scholarly journals Imposing criminal liability on juveniles: problem issues and ways to address them

2021 ◽  
Vol 66 ◽  
pp. 206-210
Author(s):  
S. Kravchuk
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Rehabilitation Center ◽  
Important Type ◽  
Rights Protection ◽  
Legal Standards ◽  
The Individual ◽  
The Right ◽  
Made In

The article highlights the issues of how to impose criminal liability on juveniles. Based on the analysis of consistency between the effective Criminal Code of Ukraine and the international standards of juvenile rights protection, the author has outlined the ways of how to improve the existing legal standards of such imposing. More specifically, the grounds for punishment mitigation have been determined depending on the gravity of offence. The punishment should be consistent with the offence committed. And the best way to match the punishment and the offence is when the punishment derives from the offence itself, from its nature. A fine will be a good enough response, because it makes the committed offence kind of unprofitable for the convicted individual. One of the punishments that the Criminal Code of Ukraine anticipates for juveniles is a fine. However, Article 99 of the Criminal Code of Ukraine mentions no minimum fine amount allowed for juveniles. As these specific standards are absent, juveniles should be subject to the general standards available, i.e. the minimum fine amount is equal for both juveniles and adults. It would be reasonable to decrease the minimum fine amount for juveniles in the Criminal Code of Ukraine. The author believes that the only guarantee for this fine to be paid can be the standalone property owned by the convicted individual, which could be foreclosed. An important type of punishment for juveniles is correction works. However, no specific conditions of its imposing on juveniles exist. One of the major ways to influence the individual convicted to correction works is labor and disciplinary impact of the labor collective (employees), which is but unfeasible today. In fact, no legal pattern exists to ensure that the employees will fulfill their obligations to rehabilitate the convicted individuals. Yet another type of punishment that Article 98 of the Criminal Code of Ukraine anticipates for juveniles is arrest. That arrest is considered a milder type of punishment in the punishment list than restraint can be deemed a disadvantage of the Criminal Code of Ukraine, 2001. At the same time, it is proposed to impose the so-called “youth arrest” on the juveniles of fourteen and on older ones, i.e. the service of punishment on days-off or holidays. The analysis of the system of punishments imposed on juveniles for the committed offences, which has been made in this article, shows that this system not always makes it possible to select the punishment consistent with the action committed. That is why the author has proposed to add new types of punishment to the already existing statutory system of punishments, such as obligating a juvenile to recover the caused damage or to execute certain works in favor of the affected party to compensate it for the damage caused; depriving a juvenile of the right to be engaged in certain activities; sending a juvenile to a special custodial rehabilitation center.

scholarly journals A PROTEÇÃO DOS DADOS GENÉTICOS E O DIREITO CONSTITUCIONALÁ PRIVACIDADE

2020 ◽  
Vol 6 (1) ◽  
pp. 22
Author(s):  
IDELTRUDES MENEZES BARRETO ◽  
DIMAS PEREIRA DUARTE JUNIOR ◽  
GIDELMO DOS SANTOS FONSECA
Keyword(s):  
Genetic Information ◽  
Personal Information ◽  
Genetic Data ◽  
Information Protection ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Individual ◽  
The Right ◽  
Positive Character ◽  
Made In

RESUMO                                                                    Este artigo objetiva analisar como o acesso as informações genéticas pode afetar diretamente o direito à privacidade, através de análise em leis e documentos que proíbem o acesso a tais informações. Tal informação deve ser feita de forma cautelosa e sigilosa, o seu uso demasiado poderá acarretar danos irreparáveis a pessoas avaliadas, e como consequência surgir à discriminação.O direito à privacidade abarcado no art. 5º do nosso texto Constitucional possui um caráter positivo dando ao indivíduo o controle de suas informações pessoais, podendo não somente impedir a sua utilização, como também definir quais as informações poderão ser utilizadas.Palavras-chave: Dados Genéticos; Direito à Privacidade; Discriminação; Informações Genéticas; Proteção.ACCESS TO WORKER'S GENETIC INFORMATION AND CONSTITUTIONAL LAW PRIVACY ABSTRACTThis article aims to analyze how access to genetic information can directly affect the right to privacy, through analysis of laws and documents that prohibit access to such information. Such information must be made in a cautious and confidential manner, its use too much may cause irreparable damage to people evaluated, and as a consequence, discrimination may arise.The right to privacy covered in art. 5 of our Constitutional text, it has a positive character giving the individual control of his personal information, which can not only prevent its use, but also define which information can be used.Keywords: Genetic data. Right to Privacy; Discrimination; Genetic Information; Protection

Cancellation and Termination of Assignment Contract of Patrimonial Rights of the Author

2019 ◽  
Vol 25 (2) ◽  
pp. 197-201
Author(s):  
Tudor-Vlad Sfârlog
Keyword(s):  
Scientific Research ◽  
Legal Provisions ◽  
The Right ◽  
Made In

Abstract The present study offers the doctrine of the right of intellectual creation new perspectives on the study of the institution of termination of the assignment contract for the patrimonial rights resulting from the intellectual creation. We believe that the present study is rich in doctrinal contributions, formulating new theses and opening the prospect for new perspectives of scientific research. Last but not least, we appreciate that the proposals made in the present study contribute not only to the activity of opinionated in the field, but also to the work of practitioners and direct beneficiaries of the legal provisions on the assignment of patrimonial rights of authors.

Boundaries of Restricting the Rights of Human and Citizen

2020 ◽  
Vol 26 (2) ◽  
pp. 232-236
Author(s):  
Manol Stanin
Keyword(s):  
Negative Impact ◽  
The Individual ◽  
The Right ◽  
Positive Results

AbstractLimitation of rights is a measure proved its effectiveness with positive results for the community in war, military or another emergency.Attitude to rightsmust be human with a view to the right-to-human relationshipbecause the crossing of a certain boundary leads to a disintegration of rights and a negative impact on the personality.This implies necessity from legal institutionalization of clear criteria to refine the limitation of rights, both for the purpose of their protection and for the purpose of protecting the individual.

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.

VALUE EDUCATION SYSTEM IN INDIA

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Jyoti Narayan Patra ◽  
Jayanta Mete
Keyword(s):  
Education System ◽  
Personality Development ◽  
The Family ◽  
The Individual ◽  
The Right

Values are like seeds that sprout, become saplings, grow into trees and spread their branches all around. To be able to think right, to feel the right kind of emotions and to act in the desirable manner are the prime phases of personality development. Building up of values system starts with the individual, moves on to the family and community, reorienting systems, structures and institutions, spreading throughout the land and ultimately embracing the planet as a whole. The culture of inclusivity is particularly relevant and important in the context of our society, nation and making education a right for all children.

Ayurveda dietary guidelines during Covid-19 Pandemic

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 1477-1481
Author(s):  
Ishwari Gaikwad ◽  
Priyanka Shelotkar
Keyword(s):  
Dietary Habits ◽  
Relevant Literature ◽  
Dietary Guidelines ◽  
The Body ◽  
Daily Regimen ◽  
Web Page ◽  
Healthy State ◽  
Health Disorders ◽  
The Individual ◽  
The Right

The current world situation is both frightening and alarming due to the massive disruption caused by the Covid-19 pandemic. The next few days are censorious as we need to be very precautious in our daily regimen as well as dietary habits. Ayurveda offers knowledge about food based on certain reasoning. Indecent food custom is the chief cause for the rising development of health disorders in the current era. In classical texts of Ayurveda, the concept of diet explained well, ranging from their natural sources, properties and specific utility in pathological as well as physiological manner. In this work, the review of the relevant literature of Ahara (Diet) was carried out from Charak Samhita and other texts, newspapers, articles, web page related to the same.  Every human being is unique with respect to his Prakriti (Physical and mental temperament), Agni (Digestive capacity), Koshtha  (Nature of bowel) etc. For that reason, the specificity of the individual should be kept in mind. Ahara, when consumed in the appropriate amount at the right moment following all Niyamas (Guidelines) given in Ayurveda texts, gives immunity and keeps the body in a healthy state during pandemics such as Covid-19. Ultimately, this will help the human body to maintain its strength for life. This article reviews the concept of diet viz. combination of foods, their quantity and quality, methods of preparation and processing, which are to be followed during pandemics and are essential in maintenance and endorsement of health and preclusion of diseases.

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