scholarly journals Igualdad y conciliación de la vida familiar y la actividad profesional de los trabajadores y trabajadoras autónomas: avances normativos y cuestiones pendientes

2018 ◽  
pp. 32
Author(s):  
Francisca María Ferrando García
Keyword(s):  
Social Security ◽  
Family Life ◽  
Working Hours ◽  
Point Of View ◽  
Professional Activity ◽  
Social Security Contribution ◽  
Female Self ◽  
Employed Women ◽  
Legislative Reforms ◽  
The Right

<p><strong>Resumen</strong> El presente trabajo versa sobre las últimas medidas legislativas introducidas a fin de garantizar los derechos a la maternidad y a la conciliación de la vida familiar y la actividad profesional de las trabajadoras autónomas, desde las perspectivas del principio de igualdad y de la promoción del autoempleo femenino. A tal fin, se estudian las escasas referencias a la conciliación en materia de jornada contenidas en la LETA. Especial atención merecen las bonificaciones en la cotización relacionadas con el ejercicio de sus derechos en materia de maternidad y conciliación, reguladas en los arts. 30, 38 y 38 <em>bis</em> LETA. Asimismo, se trata sobre la posibilidad de contratación de personas asalariadas por los TRADE, introducida en el art. 11.2.a) ET. Finalmente, se analizan las garantías previstas en el art. 15 LETA frente a la facultad de la empresa cliente de resolver el contrato con el TRADE, aspecto este último en el que se observa un claro paralelismo con el régimen aplicable al trabajo por cuenta ajena, a la vez que ciertas carencias que pueden ser consideradas contrarias a la Constitución Española. Todo ello, a la luz de las novedades introducidas por la Ley 6/2017, de Reformas Urgentes del Trabajo Autónomo.</p><p><strong>Abstract</strong> This paper studies the various mechanisms that the last legislative reforms have introduced in order to guarantee the right to motherhood and the reconciliation of family life and professional activity of self-employed women, both from the point of view of the principle of equality and from the perspective of the promotion of entrepreneurship and female self-employment. To this end, the paper reviews the few references to the conciliation in terms of working hours found in the LETA. Special attention deserve the Social Security contribution bonuses applicable to the hiring of employed persons by self-employed women to enable them to exercise their maternity and reconciliation rights, according to arts. 30, 38 and 38 <em>bis</em> LETA. Likewise, it deals with the possibility of hiring salaried persons by economically dependent workers, provided by. 11.2.a) ET. Finally, the guarantees introduced in art. 15 LETA as to the faculty of the client to resolve the contract with economically dependent workers, are analyzed, concluding the existence of a clear parallelism with the regime applicable to employment contract, while certain shortcomings that could be considered contrary to the Spanish Constitution. All this, in light of the reforms introduced by Act 6/2017, on Urgent Reforms of Autonomous Work.</p><p><strong>Key words </strong>Self-employed women motherhood, reconciliation of family life and the professional activity, Social Security contribution bonuses, female entrepreneurship, economically dependent workers<strong></strong></p>

scholarly journals Analisis Yuridis Pengaturan Sanksi Bagi Penolak Vaksinasi Covid-19

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Yulia Emma Sigalingging ◽  
Aris Prio Agus Santoso
Keyword(s):  
Human Rights ◽  
Data Collection ◽  
Social Security ◽  
Research Method ◽  
Point Of View ◽  
Vaccination Program ◽  
Individual Freedom ◽  
Administrative Services ◽  
The Government ◽  
The Right

Referring to Article 28H paragraph (1) of the 1945 Constitution, the Government has tried to ensure the health of its citizens through the Covid-19 Vaccination program, but there are still people who refuse to be given the Covid-19 vaccination, and this has become a pro and con in the community. The formulation of the problem in this study is how to set sanctions for refusal of Covid-19 vaccination and how the right to refuse the Covid-19 vaccination is viewed from the point of view of Human Rights. This research method uses a normative juridical approach, with data collection from literature studies. The data obtained were analyzed qualitatively. Based on the results of the study, it was found that the sanctions for refusing the Covid-19 vaccine were in the form of imprisonment of 6 months to 1 year in prison or a fine of Rp. 500,000 - Rp. 1,000,000. In addition, there are sanctions in the form of delaying or discontinuing the provision of social security or social assistance, delaying or discontinuing government administrative services, and fines. In fact, refusing to be vaccinated against Covid-19 is a form of individual freedom that cannot be forced with all considerations to express his aspirations regarding the risks and consequences to his body. Where this should be respected by the Government as stated in Article 28J Paragraph (1) of the 1945 Constitution

scholarly journals Direito Fundamental a uma nacionalidade

2017 ◽  
Vol 17 (33) ◽  
pp. 125
Author(s):  
Leila Arruda Cavallieri
Keyword(s):  
Family Life ◽  
International Adoption ◽  
Point Of View ◽  
Fundamental Rights ◽  
Judicial Decision ◽  
Transnational Law ◽  
Great Achievement ◽  
The Status ◽  
The Right ◽  
Italian Legislation

Os direitos fundamentais são a base da garantia do exercício pleno da dignidade humana.A salvaguarda desses direitos pelo país é um dever que não pode ser relegado ou olvidado. Desta forma, existem mecanismos que compelem o Estado a proteger, defender e cobrar respeito pelos mesmospor parte da sociedade e de outros Estados. No caso da adoção internacional, o direito à convivência familiar é conquistado pelos adotandos a partir da sentença judicial brasileira. Porém, ao se tornarem filhos de pais domiciliados em outro Estado, as crianças e adolescentes aqui nascidos precisam ter as garantias que são atinentes ao status de cidadão daquele país. A partir do reconhecimento do direito à nacionalidade pelo país de acolhida das crianças, elas passam a usufruir de uma condição de equiparação a seus adotantes, do ponto de vista de direitos e deveres. A nacionalidade ou cidadania para os adotandos é um direito fundamental que necessita ser conquistado e preservado, através das normativas internas ou de direito convencional, visando atender ao superior interesse da criança ou adolescente. A legislação italiana é uma das legislações estrangeiras que possui tais dispositivos, o que se torna uma grande conquista no direito transnacional. PALAVRAS-CHAVE: direitos fundamentais; adoção internacional; direito à convivência familiar; direito à nacionalidade   Abstract Fundamental rights are the basis for ensuring the full exercise of human dignity. The safeguarding of these rights by the country is a duty that can not be relegated or forgotten. Thus, there are mechanisms that compel the State to protect, defend and claim respect for them by society and other States. In the case of international adoption, the right to family coexistence is won by adoptees based on the Brazilian judicial decision. However, when they become children of parents domiciled in another State, the children and adolescents here born need to have the guarantees that are pertinent to the status of citizen of that country. From the recognition of the right to nationality by the host country of the children, they will enjoy a condition of equality with their adopters, from the point of view of rights and duties. Nationality or citizenship for adopte is a fundamental right that needs to be won and preserved, through internal norms or conventional law, in order to meet the superior interest of the child or adolescent. The Italian legislation is one of the foreign laws that have such devices, which becomes a great achievement in transnational law. KEYWORDS: fundamental rights; international adoption; right to family life; right to nationality

scholarly journals Soviet Modernity in the Eyes of Rural Population of the USSR in the Second Half of the 1940s – Early 1950s According to the Personal Provenance Sources

2021 ◽  
pp. 741-754
Author(s):  
Olga A. Sukhova ◽  
Keyword(s):  
Social Security ◽  
Rural Population ◽  
Legal Status ◽  
Social Preferences ◽  
Well Being ◽  
Point Of View ◽  
Soviet Society ◽  
Agricultural Cooperative ◽  
Wide Range ◽  
The Right

The author analyzes the content of collective social ideas of peasantry against the background of the recently ended Great Patriotic War and transition to peaceful life. The restart of mobilization model of economy and realization of a series of administrative campaigns in the USSR (fighting violations of the agricultural cooperative codex and labor absenteeism) mediated the emergence of new opportunities for social integration. The authorities virtually authorized the creation of official channels for citizens’ appeals. These administrative campaigns to activate the socio-political interaction stimulated the process of verbalization of hopes and aspirations of the Soviet peasantry and objectively contributed to the emergence of modernization attitudes in the minds of rural population. In this regard, the complaints, sent by the rural population to the Council for Kolkhozes Affairs, and direct requests and decisions of general meetings of collective farmers, which followed the Decree of June 2, 1948, should be considered as a most important source for studying representations of the realities and prospects for the development of industrial civilization in the USSR, as seen by the rural population. Complaints about administrative arbitrariness and failures in social policy are private provenance sources. They present a wide range of assessments of the real state of the kolkhozes system and offer desirable, from their point of view, changes in peasants’ social status and position. The article is to provide a source-based analysis of the Soviet modernity as a certain socio-cultural construct reflecting the system of social preferences and aspirations of the post-war Soviet society. The author comes to the conclusion that, despite the increased tax burden, disenfranchisement, and hunger strikes, the end of the war and transition to the peaceful life factored in the dissemination of ideas about modernity in the consciousness of the rural population. These were mostly imaginary cultural and ideological prospects for building a socialist future: introduction of guaranteed wages, realization of the right to rest, social security, and protection from administrative arbitrariness. The peasant vision of the Soviet industrialism included ideas about agricultural technology rationalization and dissemination of scientific knowledge; removal of discriminatory restrictions on the legal status of the rural population; growth of social security and material well-being of the collective farmers.

LEGAL, MORAL AND ETHICAL SIDE OF THE OFFENSE, DISCREDITING HONOR EMPLOYEE THE PENAL SYSTEM

2020 ◽  
Vol 10 (2) ◽  
pp. 213-218
Author(s):  
OKSANA KOCHKINA ◽  
◽  
OLGA MARCHUK ◽  
Keyword(s):  
Point Of View ◽  
Professional Activity ◽  
Penal System ◽  
Moral Norms ◽  
Ethical Aspects ◽  
Self Assessment ◽  
Personal Qualities ◽  
Executive System ◽  
Correction System

The article examines the legal and moral and ethical aspects of a misdemeanor that discredits the honor of an employee of the criminal Executive system. The considered reason for dismissal has the main feature associated with the integration of legal and moral norms, which often raises a lot of questions about the attribution of a particular offense to this basis. Using the analysis of normative legal acts, the authors attempt to identify the signs that contribute to the separation of the studied grounds for dismissal from all their diversity. The classification of offenses that discredit the honor of an employee of the criminal Executive system is presented, which allows to systematize and organize the knowledge obtained about the considered grounds for dismissal. The analysis of a misdemeanor that defames the honor of an employee of the penal system from a moral and ethical position gives an understanding, first of all, that it does not have a clear regulation from the point of view of the law, but the consequences of committing such a misdemeanor are clearly legal. The concepts of “honor” and “dignity” are considered as ethical categories and are analyzed as personal qualities that are manifested in an employee of the penal correction system during the period of service. These categories in the behavior of a person or employee are manifested both externally (assessment from the outside) and internally (self-assessment). The article describes the value orientation of an employee of the criminal Executive system to ethical standards in professional activity, which is an integral part of the moral and ethical side of a misdemeanor that discredits the honor of an employee.

KINERJA APARATUR SIPIL NEGARA STUDI KASUS KANTOR KECAMATAN MOROTAI SELATAN KABUPATEN PULAU MOROTAI

2019 ◽  
Vol 4 (1) ◽  
pp. 8
Author(s):  
Ibnu Kanaha
Keyword(s):  
Work Performance ◽  
Working Hours ◽  
The South ◽  
Job Descriptions ◽  
Improve Performance ◽  
District Office ◽  
Use Of Time ◽  
State Apparatus ◽  
The Right ◽  
Depth Interviews

The purpose of this study was to determine the performance of employees (ASN) in the South Morotai District office. The form of this research is descriptive qualitative, with data collection techniques through observation and in-depth interviews with the subdistrict head, subdistrict head secretary, employees, and the community. This study concluded that employees at the South Morotai District Office were not disciplined in terms of time, both when they entered the office and after working hours. Employees are not able to make the best use of time to do productive work to improve performance. employees generally do not know and understand their respective fields of duty. The concept of the right man in the right place is not applied in the placement of employees. Performance evaluation of employees at the South Morotai District Office is difficult because of unclear job descriptions and division of tasks for the state apparatus. This causes the work performance is not measurable both in quality and quantity..

LA ORIENTACIÓN FAMILIAR PARA LA PREVENCIÓN DEL CONSUMO DE DROGAS EN LOS ALUMNOS DEL TERCER AÑO DE BACHILLERATO

2018 ◽  
Vol 3 (5) ◽  
pp. 39
Author(s):  
Yéssica Elizabeth Barreto Macías ◽  
Colón Avellán Velásquez
Keyword(s):  
High School Students ◽  
Drug Use ◽  
Interpersonal Relationships ◽  
Negative Influence ◽  
Point Of View ◽  
Family Counseling ◽  
High Rate ◽  
School Students ◽  
Family Orientation ◽  
The Right

El actual trabajo afronta una de las problemáticas más apremiantes de los actuales momentos como es el alto índice de dispendio de drogas en las Instituciones Educativas, que afectan considerablemente a la sociedad ecuatoriana. Su objetivo es analizar los lineamientos que permitan mejorar la orientación familiar, y desarrollar relaciones interpersonales apropiadas que fomenten la unión familiar, practicar principios, fomentar valores morales, y que los jóvenes aprendan a decir “no” ante una eventual propuesta de consumir compuestos prohibidos, que lo único que se consigue es materializarse en un estado no idóneo ante la comunidad, considerar que las consecuencias para la salud son devastadoras, personas que a temprana edad padecen de enfermedades que en muchas ocasiones son gravísimas, causando malestar no solamente propio sino a la familia. Puedo mencionar como aporte de este artículo; y en base a resultados establecidos que resulta primordial e importante mantener la asistencia de un profesional especializado en psicología, diálogos científicos y motivadores, conjuntamente con atención médica provocarán en la persona afectada la erradicación del consumo de drogas. Constan muchos factores que causan gran influencia negativa en las familias, partiendo de que actualmente el mundo vive la tendencia del consumismo lo que influye en sobremanera que exista menos dialogo en el hogar, la aparición de la tecnología es otra de las situaciones adversas. Los profesionales encargados de brindar orientación familiar deben considerar siempre, que el comportamiento del ser humano debe ser comprendido desde el punto de vista de su forma de pensar, solo así se desarrollara una cultura que permita a las familias tomar las decisiones acertadas al momento de formar a sus hijos, lo que en un futuro se evidenciará como seres útiles a la sociedad. PALABRAS CLAVE: Consumo de drogas; orientación familiar; valores morales.  FAMILY COUNSELING, FOR THE PREVENTION OF DRUG USE IN THIRDYEAR HIGH SCHOOL STUDENTS  ABSTRACT  The current work addresses one of the most pressing issues of current times such as the high rate of drug use in educational institutions, which greatly affect Ecuadorian society. Its objective is to analyze the guidelines for improving family orientation, and develop appropriate interpersonal relationships that promote family unity, value the principles, and that young people learn to say "no" to a possible proposal to use prohibited drugs, that the only thing that is achieved is to materialize in an unsuitable state before the community, to consider that the consequences for health are devastating, people who at an early age suffer from diseases that in many occasions are very serious, causing discomfort not only their own but also the family. I can mention as contribution of this article; and based on established results that it is essential and important to maintain the assistance of a professional specialized in psychology, scientific and motivational dialogues, together with medical care, will cause the affected person to eradicate drug use. There are many factors that cause great negative influence on families, based on the fact that the world currently lives the trend of consumerism which greatly influences that there is less dialogue at home, the emergence of technology is another of the adverse situations. The professionals responsible for providing family counseling should always consider that the behavior of the human being should be understood from the point of view of their way of thinking, only in this way will a culture be developed that allows families to make the right decisions when forming to their children, which in the future will be evident as useful beings to society. KEYWORDS: drug use; family orientation; moral values.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

scholarly journals Toleration as the Balance Between Liberty and Security

2021 ◽  
Author(s):  
Anna Elisabetta Galeotti ◽  
Federica Liveriero
Keyword(s):  
Social Security ◽  
Harm Principle ◽  
Social Tolerance ◽  
Individual Liberty ◽  
Self Defense ◽  
The Right ◽  
The Harm Principle

AbstractTraditionally, an adequate strategy to deal with the tension between liberty and security has been toleration, for the latter allows the maximization of individual liberty without endangering security, since it embraces the limits set by the harm principle and the principle of self-defense of the liberal order. The area outside the boundary clearly requires repressive measures to protect the security and the rights of all. In this paper, we focus on the balance of liberty and security afforded by toleration, analyzing how this strategy works in highly conflictual contexts and sorting out the different sets of reason that might motivate individual to assume a tolerant attitude. We contend that toleration represents a reliable political solution to conflicts potentially threatening social security when it is coupled with social tolerance. Hence, we examine the reasons the agents may have for endorsing toleration despite disagreement and disapproval. In the range of these reasons, we argue that the right reasons are those preserving the moral and epistemic integrity of the agent. The right reasons are however not accessible to everyone, as for example is the case with (non-violent) religious fundamentalists. Only prudential reasons for toleration seem to be available to them. And yet, we argue that an open and inclusive democracy should in principle be hospitable towards prudential and pragmatic reasons as well, which may potentially lay the grounds for future cooperation. We conclude therefore that the tolerant society has room for the fundamentalists, granted that they do not resort to violence.

scholarly journals In-work Universal Credit: Claimant Experiences of Conditionality Mismatches and Counterproductive Benefit Sanctions

2020 ◽  
pp. 1-19
Author(s):  
SHARON WRIGHT ◽  
PETER DWYER
Keyword(s):  
Social Security ◽  
Job Search ◽  
Longitudinal Research ◽  
Working Hours ◽  
Unique Contribution ◽  
Working Age ◽  
Micro Level ◽  
Benefit Sanctions ◽  
The Uk ◽  
Over Time

Abstract Universal Credit is the UK’s globally innovative social security reform that replaces six means tested benefits with one monthly payment for working age claimants - combining social security and tax credit systems. Universal Credit expands welfare conditionality via mandatory job search conditions to enhance ‘progression’ amongst working claimants by requiring extra working hours or multiple jobs. This exposes low paid workers to tough benefit sanctions for non-compliance, which could remove essential income indefinitely or for fixed periods of up to three years. Our unique contribution is to establish how this new regime is experienced at micro level by in-work claimants over time. We present findings from Qualitative Longitudinal Research (141 interviews with 58 claimants, 2014-17), to demonstrate how UC impacts on in-work recipients and how conditionality produces a new coerced worker-claimant model of social support. We identify a series of welfare conditionality mismatches and conclude that conditionality for in-work claimants is largely counterproductive. This implies a redesign of the UK system and serves as an international warning to potential policy emulators.

Are we Ready for a “Microbiome-Guided Behaviour” Approach?

2019 ◽  
Vol 28 (04) ◽  
pp. 708-724
Author(s):  
ANDREA LAVAZZA ◽  
VITTORIO A. SIRONI
Keyword(s):  
Fecal Microbiota Transplantation ◽  
Negative Attitude ◽  
Well Being ◽  
Fecal Microbiota ◽  
Point Of View ◽  
Brain Functioning ◽  
The Central Nervous System ◽  
The Individual ◽  
The Right ◽  
The Mind

Abstract:The microbiome is proving to be increasingly important for human brain functioning. A series of recent studies have shown that the microbiome influences the central nervous system in various ways, and consequently acts on the psychological well-being of the individual by mediating, among others, the reactions of stress and anxiety. From a specifically neuroethical point of view, according to some scholars, the particular composition of the microbiome—qua microbial community—can have consequences on the traditional idea of human individuality. Another neuroethical aspect concerns the reception of this new knowledge in relation to clinical applications. In fact, attention to the balance of the microbiome—which includes eating behavior, the use of psychobiotics and, in the treatment of certain diseases, the use of fecal microbiota transplantation—may be limited or even prevented by a biased negative attitude. This attitude derives from a prejudice related to everything that has to do with the organic processing of food and, in general, with the human stomach and intestine: the latter have traditionally been regarded as low, dirty, contaminated and opposed to what belongs to the mind and the brain. This biased attitude can lead one to fail to adequately consider the new anthropological conceptions related to the microbiome, resulting in a state of health, both physical and psychological, inferior to what one might have by paying the right attention to the knowledge available today. Shifting from the ubiquitous high-low metaphor (which is synonymous with superior-inferior) to an inside-outside metaphor can thus be a neuroethical strategy to achieve a new and unbiased reception of the discoveries related to the microbiome.

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