scholarly journals Realisation of the right to health and safety at work in the Republic of Macedonia

SEER ◽  
2013 ◽  
Vol 16 (4) ◽  
pp. 443-455
Author(s):  
Temelko Risteski ◽  
Vesna Sijic
Keyword(s):  
Health And Safety ◽  
Right To Health ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Right

scholarly journals Harmonization of European legislation in the field of safety and health at work in the legal system of the Republic of North Macedonia

2021 ◽  
Vol 9 (2) ◽  
pp. 64-74
Author(s):  
Andon Majhoshev ◽  
Kristijan Jovanov
Keyword(s):  
Occupational Safety ◽  
National Level ◽  
Health And Safety ◽  
The European Union ◽  
Preventive Action ◽  
Republic Of Macedonia ◽  
Labor Legislation ◽  
Safety And Health ◽  
The Republic ◽  
The Right

Occupational safety and health is one of the most important international labor standards of ILO. This means that ILO member states should ensure encouraging and maintenance at the highest level of safe working conditions in order to avoid accidents and occupational diseases. Achieving this goal means that employers must make a continuous risk assessment at the workplace, and at the same time decide whether appropriate measures and activities are necessary in order to create the highest level of safety and health at work, i.e. to avoid side effects. In order to achieve this goal, a systematic approach is necessary in preventive action and connection of all entities that are bearers of certain obligations and activities at the national level, but also beyond the international institutions in this area. By application for membership of the Republic of Macedonia in the European Union on 22 of March 2004, the process of harmonization of the domestic with the European labor legislation begins, and thus inevitably harmonization of the domestic legislation for safety and health at work with the European. Thereby, this process takes place pursuant to article 32 of the Constitution of the Republic of Macedonia, according to which the protection of workers is of primary importance, i.e. health and safety at work is a constitutional-legal category and every individual has the right to work, free choice of employment and work protection. In the harmonization process the basic concept is the Framework Directive 389/391/EES for safety and health at work, according to which the national legislation on safety and health at work should be harmonized exactly according to the principles of this directive.

scholarly journals Pravo na palijativnu skrb za djecu u Republici Hrvatskoj

2020 ◽  
Vol 55 (2) ◽  
pp. 82-91
Author(s):  
Marina Milić Babić ◽  
Marina Hranj
Keyword(s):  
Palliative Care ◽  
Right To Health ◽  
Human Right ◽  
Her Family ◽  
Right To Health Care ◽  
Starting Point ◽  
The Family ◽  
The Republic ◽  
The Right

Palliative care for children means active, complete care on physical, psychological, social and spiritual levels, and it includes collaboration and active work with the family. Palliative care for children lasts during the period of illness and continues after the death of the child in the form of expert assistance to the family in their grief. Such care follows the principles of individual, holistic, transdisciplinary and biopsychosocial-spiritual approaches that come together in promoting the quality of life of a child and his or her family. Numerous legal sources are the starting point for defining palliative care for children as a fundamental human right to health care, as well as for defining basic actions within this fundamental right. The right to palliative care includes rights from different systems, and collaboration and linking of different disciplines are needed in order to meet the needs of the child and his family. The aim of this paper is to present crucial knowledge in the field of palliative care for children and to examine how this right is implemented and legally regulated in the Republic of Croatia.

scholarly journals The right to dispose of an item of property acquired in marriage

SEEU Review ◽  
2015 ◽  
Vol 11 (2) ◽  
pp. 81-93
Author(s):  
Emine Zendeli
Keyword(s):  
Republic Of Macedonia ◽  
Normative Framework ◽  
Research Article ◽  
Marital Property ◽  
Joint Ownership ◽  
The Republic ◽  
The Right ◽  
Legal Subjects ◽  
Legal Consequences ◽  
Joint Property

Abstract This research article analyzes the right of disposal of marital property in relation to the undertaking of those legal actions that imply the highest authorizations that legal subjects can have over things. Having in consideration the fact that according to the legislation in the Republic of Macedonia, marital property is joint as are the authorizations of spouses over their joint items, it is important to determine the extent of the disposal, i.e. who disposes of the items of the joint property and to what extent. Referring to the normative framework, which regulates disposal relations of spouses, the article emphasizes the concept and importance of the authorization of disposal of things (alienation or assignment of things from joint ownership), through legal activities (sale, donation, exchange, etc.). In this context, the article tends to draw a divisive line between the administration with the joint item, referring to continuative actions and measures and the disposal of the thing, which is not continuative but, due to legal consequences it causes, has great importance in practice, and as a result, enjoys greater attention in legislators in terms of its limitation compared to the acts of administration with joint items in marriage.

scholarly journals Violations of the Right to Health due to Limited Access to Protection of Health during the COVID-19 Pandemic in the Republic of Croatia and Possible Legal ImplicationsL

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Nina Mišić Radanović
Keyword(s):  
Health Care ◽  
Health System ◽  
Medical Research ◽  
Cancer Detection ◽  
Right To Health ◽  
Vulnerable Groups ◽  
The Republic ◽  
The Right ◽  
Harmful Effects ◽  
Legal Consequences

The battle against the COVID-19 pandemic is still the most important problem and a great challenge for the overburdened health system in the Republic of Croatia. This paper examines the research into how violations of humans’ right to health occurred due to the inaccessibility to health protection for uninfected persons during the COVID-19 pandemic. The research implemented showed that a system of anti-epidemic measures which completely suspended or significantly reduced the possibility to access primary and hospital health care, stopped preventive programs of cancer detection. Much medical research has already revealed the possible harmful effects to people's health in the increase in cases of the contraction of and death from cancer and other serious illnesses, particularly in relation to certain vulnerable groups for example, women and oncology patients. The author concludes that the right to access protection of health during the COVID-19 pandemic in the Republic of Croatia was significantly limited and analyzes possible legal consequences which could occur due to the suspension or limitation to the right to access health care as a violation of the right to health.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

scholarly journals Migration in the Time of COVID-19—Policy Responses and Practices in Croatia Concerning the Western Balkan Routes and Readiness for the Post-COVID-19 Society in Which the Right to Health Care for the Most Vulnerable Is Guaranteed

2021 ◽  
Vol 3 ◽  
Author(s):  
Sunčana Roksandić ◽  
Krešimir Mamić ◽  
Robert Mikac
Keyword(s):  
Health Care ◽  
Asylum Seekers ◽  
Right To Health ◽  
Right To Health Care ◽  
Policy Responses ◽  
Response Team ◽  
The Republic ◽  
International Refugee Law ◽  
The Right ◽  
The Eu

This research article aims to provide answers on how COVID-19 pandemics influenced migration law, policy responses, and practices in Croatia, particularly concerning migrants on the Western Balkan route. Throughout the EU, governments have reinstituted border controls in the Schengen region and any “nonessential travel” to the EU has been suspended. In this study, it is analyzed whether asylum seekers have been denied entry in violation of international refugee law and whether immigration officers held detainees because of the risks posed by COVID-19 alongside Croatian borders. In addition, the study addresses the question whether and to what degree the COVID-19 pandemic influenced the overall approach toward migrants and their access to services, primarily the right to health care. Also, it is researched whether facilities for migrants and asylum seekers have appropriate health care and whether the measures imposed by the Croatian Institute of Public Health and by the National Emergency Response Team are respected when dealing with migrants. In addition, it is researched whether the EU, UN, and WHO policies and recommendation concerning COVID-19 and migrants, where applicable, are respected in the Republic of Croatia and whether specific policies concerning migrants and COVID-19 were introduced. All legislation, policy responses, and practices will be critically approached and examined. The text will make proposals for implementation of best practices and policy responses for migrants in the context of COVID-19. All statistical data that are necessary for this research are requested from the Ministry of the Interior of the Republic of Croatia.

scholarly journals The Constitutional Right to Health Protection in Belarus

2020 ◽  
Vol 13 (2) ◽  
pp. 217-236
Keyword(s):  
Right To Health ◽  
Health Protection ◽  
Legal Regulations ◽  
Legal Norms ◽  
Legal Principles ◽  
Fundamental Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right ◽  
Further Development

The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.

scholarly journals Fulfill the Basic Rights of Indonesian Migrant Workers' Children in the Human Rights Perspective

2020 ◽  
Vol 2 (2) ◽  
pp. 76-105
Author(s):  
Hijrah Lahaling
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Right To Health ◽  
Right To Education ◽  
Rights Of The Child ◽  
Basic Rights ◽  
The Republic ◽  
The Right

The fulfillment of the basic rights of children of Indonesian Migrant Workers (PMI) left by their parents to grow and develop has not been optimally fulfilled either physically, mentally, psychologically, or socially. The right to fulfill the children of Indonesian migrant workers includes the right to survival, the right to education and the right to health. Neglect of the fulfillment of these rights is not yet fully in accordance with the 1945 Constitution of the Republic of Indonesia, Convention on the Rights of the Child, Law No. 6 of 2012, and Law No. 35 of 2014. This will certainly endanger the welfare and survival of PMI children in accordance with the principles of human rights. This research aims to formulate the fulfillment of the basic rights of children of Indonesian migrant workers in accordance with the principles of human rights.

scholarly journals Perlindungan Hukum bagi Pekerja Paruh Waktu dalam Keselamatan dan Kesehatan Melalui Program Jaminan Sosial Tenaga Kerja

2021 ◽  
Vol 2 (2) ◽  
pp. 406-411
Author(s):  
I Kadek Surya Juliarnawa ◽  
I Puru Gede Seputra ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Social Security ◽  
Health And Safety ◽  
Legal Protection ◽  
Operating Costs ◽  
Legal Basis ◽  
Time Work ◽  
Part Time ◽  
The Republic ◽  
Case Part ◽  
The Right

Nowadayas, the increasing of economic growth requires individuals to try to make ends meet. The employment relationship between the business owner and his workers is regulated in a work agreement. In the current covid-19 pandemic, many companies are implementing part-time work to reduce company operating costs. This research examines two main problems, namely the regulation of health and safety laws for certain time workers, and legal protection of social security for certain time workers. Normative legal research is used in this research by examining problems based on the applicable legal basis in the form of statutory regulations and supported by theories from experts. The results showed that the legal basis regarding health and safety for part-time workers is regulated in Article 99 paragraph (1) of Law no. 23 of 2003 concerning Employment which regulates that every worker and his family has the right to obtain employment social security. Then, employment social security is regulated in Law no. 40 of 2004 concerning the National Social Security System (SJSN) and Law no. 24 of 2011 concerning BPJS. The implementation of social security is based on simultaneous efforts that are family and mutual in nature according to the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia. Based on the research results, it can be concluded that in this case part-time workers do not really understand the protection of their rights as workers within a certain period of time.  For this reason, this regulation on the protection of workers should be further disseminated to workers and business actors so that workers can obtain their rights in accordance with applicable regulations.  

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