EQUAL RIGHTS OF WORKING SPOUSES AND OTHER PERSONS WHO FULFIL FAMILY RESPONSIBILITIES AND THE MAINTENANCE OF THE BALANCE BETWEEN WORK AND FAMILY LIFE

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 413-426
Author(s):  
Helena Szewczyk

The improvement in the quality of life of an employed person and his/her sustainable development are the basis of the concept of work-life balance. In this concept, the professional and private spheres are of equal importance and should complement and strengthen each other. The objective of ILO Convention 156 and ILO recommendation 165 related to it, is to ensure equal treatment and equal opportunities in the scope of employment and professional activity of working women and men who fulfill family responsibilities. Art. 33 section 2 of the Charter of Fundamental Rights of the European Union and the European pillar of social rights provides accordingly. The permanence of marriage and equal rights of spouses are among the basic principles of Polish family law. Equal rights of women and men in the context of equal rights of persons carrying out parental and care responsibilities are a fundamental constitutional principle in our country. Therefore, new legal regulations at the EU and national level concerning the balance between the professional and private life of parents and guardians are necessary. It should be de lege ferenda called for the inclusion of the concept of balance between professional and private life of working people who perform parental and guardian functions in labor law and family and guardianship law in a wider scope. It seems that nowadays the most important problem is the introduction of legal solutions in the field of work exemptions, employee holidays and more flexible working hours for employees who have care responsibilities towards the elderly or chronically ill (parents, parents-in-law, siblings) to the Labor Code

2020 ◽  
pp. 40-46
Author(s):  
Marina Okladnaya ◽  
Liliya Menkova

Problem setting. Today, one of the priorities of the European policy direction is the effective implementation of such a principle as gender equality. Ensuring and ensuring the equal participation of women and men in socially important decisions, equal opportunities for them to combine professional and family responsibilities, preventing gender-based violence, and ensuring that women have a real opportunity to participate in diplomacy, including embracing high-level positions are one of the most important goals that modern democracies must fully achieve. Analysis of resent researches and publications. The topic of gender equality in their works was considered by such scholars as: O. Zakharova, T. Martsenyuk, V. Kobylyatska, E. Makarenko, G. Rudenko, T. Zonova, S. Khabibullina and others, but the current state of women’s participation in the diplomatic life of Ukraine scientists have considered superficially. Target of research. The purpose of this article is to consider the historical development of the principle of gender equality of women in relation to their participation in the diplomatic life of states, as well as to determine the current state and problems of compliance with this principle in Ukraine and identify ways to solve them. Article’s main body. Ukraine has ratified the main international instruments on equal rights and opportunities for men and women, namely the UN Convention on the Elimination of All Forms of Discrimination against Women, and acceded to the UN Millennium Declaration and committed itself to achieving the Millennium Development Goals. Defining for itself the provision and implementation of gender equality as one of the priorities of public policy. At the national level, gender equality is guaranteed by the Constitution of Ukraine, the Labor Code of Ukraine, the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men”, the State Program for Ensuring Equal Rights and Opportunities for Women and Men until 2016 and other legislation. The prohibition of discrimination on the grounds of sex was also included in the new law on civil service. However, the statistics and realities of our state say otherwise, as the number of women diplomats in high positions differs significantly from the number of men who hold them. The main reasons for this situation are traditional gender stereotypes, cultural customs, insufficient attention of foreign policy institutions to ensure gender equality and more. Of course, our state needs a modern revision and an effective legislative and practical solution to this issue. In this article, the authors review the historical development of the establishment and implementation of the principle of gender equality in different countries, namely the direct participation of women and their high positions in the performance of diplomatic functions in the diplomatic service; the opinions of scholars who express the positive impact of women’s participation in the diplomatic sphere, as well as the arguments of those who do not agree with this position; the current state of the quantitative indicator of women in positions in diplomatic missions of Ukraine, including in high positions, is studied; the modern directions of our state concerning the effective decision of a gender problem and full realization of this principle are analyzed; Obstacles that affect the implementation of a balanced gender policy in Ukraine are identified and some ways to solve them are suggested. Conclusions and prospects for the development. The authors came to the conclusion that the involvement of as many women as possible in the diplomatic service of Ukraine will ensure the effective implementation of gender equality and will indicate real reforms in the diplomatic sphere. Stereotypes about women’s weakness and vulnerability must be a thing of the past, as history has repeatedly shown strong women capable of changing their own country or even world trends. Therefore, for our country, the active encouragement of women to diplomatic work will only demonstrate the desire of a democratic state to seek new and innovative in this area. It is with the active participation of women in all world processes, including in diplomatic life, that we will be able to guarantee equality in society, peace and cohesion in different countries of the world.


Author(s):  
Yulia V. Ivanchina ◽  
Yelena A. Istomina

The onset of the information society and the digital economy is a natural stage in the development of any state. Informatization of all spheres of social life actualizes the issues of research of already established social relations and their legal regulation, taking into account a new element — their digital support. Employment relationships, as well as social security relationships, are no exception in terms of digital penetration. Labor legislation and legislation on social security, being independent, are often implemented in a systemic relationship, since they are aimed at ensuring the quality of life of individuals. This relationship affects a variety of aspects: employment, the combination (balance) of work and family responsibilities, as well as private life and health care. This determines the potential for a comprehensive analysis of the labor and social rights of citizens in the context of digitalization. The importance of such studies is all the more obvious because, in the context of the spread of the new coronavirus infection, the restrictions imposed, including social distancing, made it impossible, for many, both to carry out work activities and to apply for and receive social benefits. The preservation of the quality of life of the population of this state largely depends on the extent to which the state’s reaction, expressed externally in the form of adopted regulatory legal acts, corresponds to the current situation and helps to solve emerging problems. This article, based on the comparative method of scientific research, shows the development of remote work in Russia and in foreign countries. The importance of information, information technologies and systems in the field of social security is analyzed. The spread of the new coronavirus infection has affected the whole world, and the experience of legal regulation, developed in states with different levels of development, can, taking into account its interpretation, be applied to a certain extent in Russian conditions. In addition, the article emphasizes that the law of any state should be oriented towards international standards in the relevant area.


2018 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Mohammad Ahashan ◽  
Dr. Sapna Tiwari

Man has always tried  to determine  and tamper the image of woman and especially her identity is manipulated and orchestrated. Whenever a woman is spoken of, it is always in the relation to man; she is presented as a wife , mother, daughter and even as a lover but never as a woman  a human being- a separate entity. Her entire life is idealized and her fundamental rights and especially her behaviour is engineered by the adherents of patriarchal society. Commenting  on the Man-woman relationship in a marital bond Simone de Beauvoir wrote in her epoch-making book entitled The Second Sex(1949): "It has been said that marriage diminishes man,  which is often true , but almost always it annihilates women". Feminist movement advocates the equal rights and equal opportunities for women. The true spirit of feminism is into look at women and men as human beings. There should not be gender bias or discrimination in familial and social life. To secure gender justice and gender equity is the key aspects of feminist movement. In India, women writers have come forward to voice their feminist approach to life and the patriarchal family set up. They believe that the very notion of gender is not only biotic and biologic episode but it has a social construction.


2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.


Author(s):  
Eni Suriana Binti Alias Et.al

There have been major changes in current workforce competitiveness trends. The changes in workforce demographics particularly in the increase of dual-earner families and single-parents have resulted in increased multiple role conflicts. Working couples must cope with the problem of combining work and family responsibilities in their daily life. Many industries adopted the current trend of the flexible working environment into their organizations. This study explores the moderation effect of supervisor support between flexible working arrangements (FWA), the effect on work interference with family conflict (WIF) and family interference with work (FIW). The population for this study primarily focused on the organizations that adopt the flexible working arrangement such as flexible working time, working from home, and compressed work-week practices in Malaysia. The companies selected is based on the listing of global organizations practices FWA mentioned in Talent Corp Malaysia Flexible Working Arrangement collaboration with Malaysian Federation Employer report, 2015. The questionnaires were distributed through the Human Resource Department of each organization. The result demonstrated that there is relationship between FWA and WIF and there was moderation effect of supervisor support (SS) between FWA and WIF.  However, the result showed no moderation effect of SS between FWA and FIW. This study supports the idea that supervisor support is a resource that helps employees to manage the occurrence of interference from work to family and to overcoming FIW, supports particularly from family members either siblings, parents and spouse is important. The implication of this study is that, work conflict issue requires the proactive effort and support not only from the organization in terms of supervisor support through FWA but also support within the family circle. Organizations approach in adopting FWA in their attempts to minimize WFC is recommendable but it should be applied across occupation and organizations as one of employee benefits policy.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Temitope Owolabi ◽  
Tunde A. Alabi ◽  
Sofiat A. Busari-Akinbode

Purpose This study aims to investigate female commercial drivers in the Lagos metropolis. The study sought to know the circumstances that motivated women to venture into commercial driving; the experiences they encounter whilst engaging with other stakeholders in the public space; the dimension of the conflict between work and family, and the coping strategies used and finally, the health concerns of female commercial drivers. Design/methodology/approach The study adopted a cross-sectional design and a qualitative method of data collection. An in-depth interview guide was used to elicit information from 18 female drivers drawn from three sectors of commercial transportation in Lagos State. Findings It was found that the major motivation for engaging in commercial driving is the need for survival and family support; although participants acknowledged that they cannot be in the profession for a long time. Married women had less time to engage in commercial driving due to other family responsibilities. Women drivers have experienced mixed reactions from other road users. Commercial driving is physically demanding and poses threat to the health of female commercial drivers. Originality/value The findings highlight the circumstances behind women participating in commercial driving. Despite the challenges encountered in this course of this activity, they are still bent on continuing because of the need to take care of their children, a majority of their spouses are not fully contributing to the maintenance of the home.


2019 ◽  
Vol 34 (2) ◽  
pp. 51-74
Author(s):  
Kim Hwayeon ◽  
Nam Taewoo

The number of female employees in the Korean workforce has risen. However, the Korean corporate climate, characterized by collectivism, hierarchism, and senior and masculine privilege, leads them to experience worklife conflict and even halt their careers. This climate stems from a social and organizational culture deeply rooted in traditional Confucianism. In Korea, where housework and childcare have long been considered the province of women, female employees find it more difficult to balance office work and family life. The Korean corporate climate welcomes overtime work, and women who work outside the home must juggle this and family responsibilities. We conceptualize behavior such as acquiescing to overtime work as submissive loyalty and elucidate work-family conflict and decreasing job and life satisfaction as consequences thereof. The analysis, based on a structural equation model, revealed that submissive loyalty increases work-family conflict, which decreases job and life satisfaction.


2018 ◽  
Vol 20 (3) ◽  
pp. 357-363
Author(s):  
Bjarney Friðriksdóttir

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.


Author(s):  
Richard D. Brown

Though Americans have favored the idea of equal rights and equal opportunity, they recognize that differences in wealth and social advantage, like differences in ability and appearance, influence the realization, or not, of equal rights, including equality before the law. In the generations after 1776 the rights of creditors, for example, often overrode the rights of debtors. And criminal trials demonstrate that in courtrooms equal treatment was most often achieved when defendant and victim came from the same social class. Otherwise if they came from different classes social realities, including ethnicity, color, and gender could shape court officials and public opinion. And when a woman’s sexual virtue was compromised, her credibility was almost always discounted. In principle officials paid homage to the ideal of equality before the law, but in practice unequal rights often prevailed.


Author(s):  
Inam Ullah Wattoo ◽  
Yasir Farooq

This study presents a critical analysis on the charter of human rights of United Nations, as it was design to promote peace and justice in the world but unfortunately it was not come in true. So the concepts and impacts of human rights presented by UN will be examine in the light of Seerah, and to find out the reasons which caused its failure. It is historical observation that fundamental human rights are very essential for justice and peace in the world. All the peoples have equal rights in all respects. No one is allowed to disregard the rights of others on the basis of race, color and religion. Holy Prophet Muḥammad (PBUH) founded the state of Yathrab and first time in the history declared the fundamental rights of human and vanished the differences based on race, color and gender. Rights for slaves, war prisoners and women were not only defined but were implemented by legal procedure in very short time. In 1948 United Nation declared a charter for human rights which proclaimed that inherent dignity and equal rights are the foundation of freedom, justice and peace of the world. This charter consist on 30 articles regarding individual and common rights of human. This charter of UN guaranteed the security of all fundamental rights of all human being. Although there are number of articles which caused uneasiness among the people of different religions such as article No. 19. Freedom of opinion and express must be observed but it should must be keep in mind that some irresponsible elements of different societies are using this for their criminal purposes as cartoon contest on Prophet Muḥammad (PBUH) by Geert wilders of Holland in recent days caused huge disturbance for world peace. Whereas, the Prophet of Islām ordered the Muslim to respect the clergy of other religions even He (PBUH) halted the Muslims to abuse the idols.


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