scholarly journals Klägerfreundlichkeit als Prinzip des Sozialgerichtsverfahrens

2021 ◽  
Author(s):  
Andreja Kržič Bogataj
Keyword(s):  
Social Problems ◽  
Legal Protection ◽  
Social Rights ◽  
Theoretical Construct ◽  
Social Law ◽  
Court Proceedings ◽  
Theoretical Foundations

In social law disputes, a multitude of social problems come to light for legal claimants. However, if the plaintiffs cannot enforce their claims in social proceedings due to procedural obstacles, social rights remain merely a theoretical construct. This study addresses the question of how effective legal protection can be guaranteed in social law disputes. It elaborates the theoretical foundations of effective legal protection in social law disputes. By means of a legal comparison between the differently designed social court proceedings in Germany and Slovenia, it systematically examines the extent to which effective legal protection is guaranteed in each case.

scholarly journals Formação docente: exercício da coexistência de práticas que valorizem as diferenças culturais

Horizontes ◽  
2015 ◽  
Vol 33 (2) ◽  
Author(s):  
Solange Martins Oliveira Magalhães
Keyword(s):  
Teacher Training ◽  
Cultural Differences ◽  
Group Dynamics ◽  
Social Rights ◽  
Cultural Scripts ◽  
The World ◽  
Training Courses ◽  
Teachers Training ◽  
Culture Education ◽  
Theoretical Foundations

Resumo A sala de aula é lugar de sentidos e significados que atravessam tudo aquilo que é social. É espaço onde se estabelece o diálogo com as coisas do mundo, com a dinâmica dos grupos, e com diversos fundamentos teóricos ligados a diferentes projetos, que vão desde a transformação dos sujeitos, por meio da educação, à transformação do mundo, através dos sujeitos educados. A partir de uma concepção de educação que reclama por um processo de “democratização da cultura”, buscou-se valorizar os roteiros culturais dos alunos do curso de formação de professores – Pedagogia da Terra/UFG. O foco central foi estimular, nos cursos de formação docente, a participação de alunos e professores no exercício da tolerância e coexistência de práticas que valorizem as diferenças culturais. A valorização da relação cultura-educação fez parte do processo, ajudou no exercício da coletividade, via emancipação e afirmação de direitos sociais, no entendimento e apropriação das demandas culturais dos estudantes ligados à Via Campesina.Palavras-chave: Relação Cultura-educação; Diferenças Culturais; Diversidade cultural. Teacher training: exercise of practices coexistence that value cultural differences AbstractThe classroom is a place of senses and meanings that cross everything that is social. It is space in which it is established a dialogue with the things of the world, with group dynamics, and several theoretical foundations linked to different projects ranging from transformation of the subjects through education, the transformation of the world through the educated subjects. From a conception of education that calls for a process of "democratization of culture", it was aimed to enhance the cultural scripts of students, teachers training course- Earth Pedagogy/UFG. The central focus was to stimulate in teacher training courses attended by students and teachers the exercise of tolerance and coexistence practices that value cultural differences. The appreciation of culture-education relationship was part of the process, and helped in the exercise of the community, via empowerment and affirmation of social rights, in understanding and appropriation of cultural demands of thestudents related to country culture.Keywords: Relation culture-education; Cultural differences; Cultural diversity.

scholarly journals The Case ofLavalin the Context of the Post-Enlargement EC Law Development

2008 ◽  
Vol 9 (12) ◽  
pp. 2279-2308 ◽  
Author(s):  
Uladzislau Belavusau
Keyword(s):  
Direct Effect ◽  
Trade Unions ◽  
Social Model ◽  
Social Rights ◽  
X Ray ◽  
Social Law ◽  
Ec Law ◽  
Horizontal Direct Effect

This article does not envisage an overwhelming goal to present a detailed X-ray of the recently much-discussed ECJ decisions in the field of social law, namelyLavalandViking.One could find several very profound papers whose authors thoroughly explore the various issues at stake, including the trade unions strategies in the frame of the EC Law, the role of the Posted Workers Directive, a horizontal direct effect in the context of the service-providing, the negotiation of wages and the Scandinavian social model. Therefore, the goal of this piece is to putLavalinto the macroflora of a wider context, inherent to the effects of the post-enlargement labour conflict and its implications for the fundamentalization of social rights in the Union.

Schema Theory: A Framework for Research and Practice in Psychotherapy

1988 ◽  
Vol 2 (3) ◽  
pp. 147-163 ◽  
Author(s):  
Terry M. Pace
Keyword(s):  
Human Behavior ◽  
Behavioral Change ◽  
Schema Theory ◽  
Past Experience ◽  
Cognitive Behavioral ◽  
Cognitive Structures ◽  
Cognitive Schema ◽  
Theoretical Construct ◽  
Research And Practice ◽  
Theoretical Foundations

Both the nature of human problems and the process of behavioral change are increasingly being viewed from a cognitive-structural perspective. The concept of a cognitive schema seems to be the major theoretical construct used by researchers studying how cognitive structures influence human behavior. Schemas are fundamental cognitive structures, derived from past experience. Schemas operate by selectively organizing the on-going experience of each person into subjectively meaningful patterns. Through the operation of schemas, people are active constructors of their own psychological realities. This article presents an overview of the philosophical, historical, and theoretical foundations of schema theory. The relevance of schema theory for psychotherapy is presented through a discussion of schema oriented cognitive-behavioral theorists. A specific application of a schema framework in psychotherapy is illustrated by research on depressive self-schemas. It is hoped this article will serve as a stimulus to the continued application of schema oriented cognitive-structural approaches to research and practice in psychotherapy.

Disaster and Protection of Tenants in Japanese Law: General Principles in Time of Emergencies

2013 ◽  
Vol 11 (1) ◽  
Author(s):  
Shunichiro Koyanagi
Keyword(s):  
Large Scale ◽  
Social Problems ◽  
Legal Protection ◽  
Modern Society ◽  
Local Communities ◽  
General Rules ◽  
Japanese Law ◽  
The Government ◽  
The Right ◽  
Japanese Diet

AbstractThis article examines the legal protection of ex-tenants after disasters in Japan. The “Act Providing Temporary Measures concerning Land Lease and Building Lease in the Cities Damaged by War” of 1946 conferred not only the right to lease rebuilt buildings, but also the right of ex-tenants to lease the land of destroyed buildings. Therefore, many victims of the war disaster were entitled to construct and keep self-made shelters on the site of destroyed buildings. Thus, emergencies created exceptions to general rules or principles. The implementation of the Lease Act of 1946 was initially limited to the war disaster, but the government later issued the implementation Cabinet Orders of the Lease Act of 1946 to major disasters until 2004. However, in the case of the Great East Japan Earthquake of 2011, the local communities and local bar associations raised strong oppositions against the Lease Act of 1946 on the motif that the implementation of the Lease Act of 1946 would cause complicated legal and social problems. The Ministry of Justice decided not to enact an implementation Cabinet Order of the Lease Act of 1946. The Japanese Diet adopted a new Act regarding the lease in time of disaster in June 2013 to abolish the right to lease land and to lease newly rebuilt buildings as well. In a highly developed modern society, it is difficult to justify exceptions to general principles even in the case of emergencies caused by large-scale disasters.

scholarly journals THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

2018 ◽  
pp. 43-60
Author(s):  
GERMANA AGUIAR RIBEIRO DO NASCIMENTO
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Second World War ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Social Rights ◽  
Political Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Second World

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.

scholarly journals Abusus Iuris and the Protection of Public Interest by Administrative Authorities and (Administrative) Courts in Slovakia

2018 ◽  
Vol 3 (1) ◽  
pp. 57-71
Author(s):  
Peter Potasch
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Slovak Republic ◽  
Legal Protection ◽  
Public Authorities ◽  
Court Proceedings ◽  
Fact Finding ◽  
Universal Definition ◽  
Definition Of ◽  
Administrative Proceedings

The presented paper deals with public interest in the decision-making practice of public authorities. The author also deals with the so-called abusus iuris (with focus on public law) which does not enjoy legal protection on the grounds that it is contrary to public interest. In this context, the author also points out that there is no uniform and universal definition of the concept/term of “public interest”, but that public interest as such consists of partial public interests which may sometimes even be in conflict with one another thus comparing public interest and private interest in a certain case does not always have to suffice. He also points out certain procedural burdens relating to administrative proceedings – in particular the burden of sufficient reasoning and fact-finding especially in reference to the protection of public interest by administrative authorities. The paper primarily focuses on the decision-making practice of the courts of the Slovak Republic and of the Czech Republic – both at the level of protection of public interest in administrative proceedings and of its protection in court proceedings.

scholarly journals CHALLENGES OF INTERNATIONAL LEGAL PROTECTION OF THE DIGNIFIED HUMAN EXISTENCE IN THE ERA OF THE FOURTH INDUSTRIAL REVOLUTION

2020 ◽  
Author(s):  
Paunita Petrova ◽  
Keyword(s):  
Human Resources ◽  
International Law ◽  
Industrial Revolution ◽  
Legal Protection ◽  
Human Existence ◽  
Social Rights ◽  
Fourth Industrial Revolution ◽  
Right To Work ◽  
The Right ◽  
Increased Pressure

International law must take into account all the challenges of the Fourth Industrial Revolution and respond adequately to them. It must develop and strengthen the protection of social rights, the right to work, as opposed to the increased pressure on human resources.

scholarly journals COMPONENTS OF COOPERATION OF CRISIS INTERVENTION

2020 ◽  
Vol 1 ◽  
pp. 116-120
Author(s):  
Michaela Jombíková Janáková ◽  
Soňa Šrobárová
Keyword(s):  
Social Workers ◽  
Social Services ◽  
Crisis Intervention ◽  
Social Problems ◽  
Social Protection ◽  
Research Question ◽  
Legal Protection ◽  
Diversity Techniques ◽  
Wide Range ◽  
Scientific Results

Introduction: This scientific study provides an insight into the cooperation of individual social services in connection with several methods and techniques of crisis intervention. Given the diversity of the work of crisis intervention, it brings scientific results concerning the of field social workers in social and legal protection of children and social guardianship. It is the field of social workers which cooperate and manage cooperation between individual ministries and activities of individual crisis intervention services. Aim: The main objective of the research was to investigate the cooperation of social workers with other institutions and the use of diversity techniques in dealing with different types of social problems. Methods: The research was conducted using a quantitative strategy by distributing a questionnaire of our design to social workers in Slovakia operating within the socio-legal protection and guardianship. The subject of the research was social workers of social protection. The number of respondents whose questionnaire applied to the research objectives was 56. We used statistical analysis for the phase of data processing and evaluation. Results: In the first research question, we investigated which social problems the respondents are facing in their practice most often. We can conclude that they often encounter problems solutions in the redevelopment of families, tackling crime, divorce, delinquency, and addictions. In the second research question we focused on with which institutions the workers cooperate in solving individual social problems. Conclusion: Social protection workers in their everyday practice face a wide range of problems. In solving the issues, they cooperate with other professions respectively organizations. Depending on what problems social workers usually deal with, it depends not only on their experience but on their future education.

Entscheidungsspielräume im Sozialleistungsrecht – Konsequenzen für die Soziale Arbeit

2017 ◽  
Vol 63 (4) ◽  
pp. 549-578 ◽  
Author(s):  
Thilo Fehmel
Keyword(s):  
Social Work ◽  
Soziale Arbeit ◽  
Public Law ◽  
Point Of View ◽  
Social Benefits ◽  
Social Rights ◽  
Administrative Discretion ◽  
Legal Norms ◽  
Social Law ◽  
The Social

AbstractIn German public law many legal norms award administrative discretion to authorities. This transition of decision-making from the legislative to the executive has recently increased. The article illustrates this development, which at first is placed in the context of the social rights approach. Afterwards the taxonomy of discretion is shown, and the rationales of areas of discretion in public and social law are discussed. In the third section, the increasing relevance of discretion in granting social benefits – or in imposing sanctions on recipients of benefits – is examined from a social work point of view using three examples in recent social legislation. Finally, the consequences of this development for social work and the required reactions by social work professionals and scholars are reflected.

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