From Geneva to the World? Global Network Diffusion of Antidiscrimination Legislation in Employment and Occupation: The ILO’s C111

The adoption of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) marked ILO’s first endorsement to universal non-discrimination and an early equal opportunity approach at work. Albeit considered to be premised upon “a traditional, formal-equality and formal-workplace vision of antidiscrimination law,” the convention marked a genuine new strand in international standard-setting in the Post-World War II and Philadelphia Declaration time. However, due to the implicit formal vision, it is assumed that ratification was more attractive and more feasible for countries of the Global North first. Following, this behavior diffused through colonial ties time-varying toward the Global South. Whether this assumption holds will also be studied regarding the moderating effects of networks of culture, trade, and regional proximity.

Law in the Socio-Cultural Dimension

The article uses an interdisciplinary approach to determine the place of law in the system of culture, based on cultural studies and the conclusions of legal science. The legal values of freedom, justice and formal equality occupy a dominant position in the system of the individualistic type of culture. The article shows the dynamics of legal values in the context of the dynamics of culture, which is developing in the direction of increasing recognition of the postmaterialist values of self-expression and rationality-the values of freedom, justice, equality, tolerance, mutual assistance and cooperation. Based on sociological data, the author draws a conclusion about the role of law in the system of socioculture as a value and institutional factor of progress and the result of social development. Interdisciplinary studies of cultures confirm the basic social and legal pattern-the movement towards greater freedom and equality of an increasing number of people.

Constitutional regulation of the principle of equality of rights and freedoms of man and citizen in Ukraine and the countries of continental Europe: comparative legal analysis

The article considers the principle of equality, which is discussed in Part 4 of Art. 13; st.st.21, 24; Part 2 of Art.38; Part 2 of Art.43; Part 1 of Art.51; Part 1 of Art.52; Part 1 of Art.71; Part 2 of Art. 129 of the Constitution of Ukraine and is mentioned in most constitutions of European states, and it is proved that it is not only a principle of constitutional law, but also one of the fundamental principles on which human rights and freedoms are exercised and their place in society and state is determined. It is noted that the terms «equality» and «equality», although used interchangeably to denote the full range of rights and freedoms, are not identical. Equality is a broader concept than equality and includes the latter. It is proved that in Art. 24 of the Constitution of Ukraine identifies three main aspects of this principle: 1) equality of citizens in rights; 2) equality of citizens before the law; 3) equality of rights of women and men, and it is emphasized that the state provides only legal, formal equality between people. That is, there is no and cannot be actual equality between people, because everyone differs in their individual abilities. Therefore, the analyzed principle legally justifies the actual inequality between people. It is substantiated that the provision, which is enshrined in Part 1 of Art. 24 of the Constitution of Ukraine guarantees only the equality of citizens before the law and their equal rights and freedoms. At the same time, there are examples that this principle applies to every person who is enshrined in the constitutions of continental Europe by the term «all», «all people» or a term meaning nationality (Belgians, Greeks, Spaniards, Luxembourgers, Monegasques). In this regard, it is proposed to replace the term «citizens» in the analyzed part with the term «all people», as well as to remove the word «constitutional» from the terminological phrase «constitutional rights and freedoms». It is emphasized that there can be no privileges or restrictions on the grounds listed in Part 2 of Art. 24 of the Constitution of Ukraine (eleven in total). The same and other similar features are enshrined in the constitutional market in 25 of the 42 European states belonging to the Romano-Germanic system of law. It is concluded that it is necessary to strengthen the wording of this part through the establishment of guarantees by the state. In Part 3 of Art. 24 of the Constitution of Ukraine reflected the provision, which separately emphasizes the equality of women's and men's rights through the consolidation of requirements, conditions and benefits, ie proposed a wording that does not have the vast majority of continental Europe. And therefore it is offered to state this part in other way. The expediency from the point of view of logic and legal technique, and also taking into account the constitutional practice of foreign countries and researches of domestic scientists of statement of Art. 24 of the Constitution of Ukraine in a new edition, which will give it the opportunity to have a more perfect look.

Gender Equality Problems in Soviet Reality

The Soviet Union was a totalitarian and strictly centralized state, which from the day of its foundation was intended to create a new human. The idea of formal equality written in its constitution and legislation was not a guarantee of real equality in the Soviet Union. The Communist Party deeply believed in the rise of its own tolerant policies, although the existing facts became a barometer of its failure. Despite the established way of life (education, work, etc.), women were neither represented in the ruling circle nor fully participated in the development and implementation of state policy. Thus, the Soviet Union with its paternalistic politics sought both to weaken the influence of men on women by improving the condition of women and to saturate deeply women's lives with Soviet pathos and communist beliefs.

Identity Crisis and the Pseudo-Minorities in Bangladesh: Is the Right to Cultural Identity the Answer?

This article studies the process of minoritising members of majority groups through the use of narrow identity markers in heterogeneous countries like Bangladesh. Through historical analysis of the State’s influence on people's sense of cultural identity, it argues that when a group does not identify with State-imposed identity markers, they are alienated by the State and reduced to pseudo-minorities. Pseudo-minorities are groups of individuals who do not satisfy objective elements of minority identity, yet are discriminated against by the State in a minority-like manner. These individuals identify themselves as a group, and while they have formal equality, they lack de facto equality. These pseudo-minorities have no precise legal mechanism to redress such discrimination either under domestic or international law. The emerging right to cultural identity can become a tool to protect these groups.

Persona: maska z ludzką twarzą. O archeologii prawnej prawa osobowego

The article analyses the archaeology of the concept of ‘person’, from the Etruscan Phersu to the Roman ius personarum. The ‘law of persons’ was at the beginning just a tool for the domination of all those who were not patres familias, due to its origin in the sinister and sadistic Etruscan Phersu, a man-hunter with a mask. But, little by little, Phersu’s face changed and became human. The driving force behind this development, apart from natural law, was the idea of formal equality which morphed into a material category. The modern concept of person, which was developed in the middle ages, has its archaeological foundations in the persona of the ancients.

The Interpretive Compass Part 2: Theories of Equality and Non-Discrimination

Chapter 6 explains the second limb of the interpretive compass—equality and non-discrimination. The concepts of equality and discrimination are highly complex and contested in law, politics, and philosophy. This Chapter argues that the text of the CRPD is based on a wide-ranging, eclectic, and under-developed conception of equality and discrimination which is prone to inherent tensions, especially in relation to the proposed abolition of mental health law. That is, it notes conflict between formal equality in abolishing mental health law to treat everyone the same and achieving substantive equality which is sufficiently sensitive to difference, as well as conflict between direct and indirect discrimination. I describe all of the different types of equality and non-discrimination which underpin the model of equality and non-discrimination in the CRPD. I argue in accordance with my overarching contention that a meaning of equality and non-discrimination which is consistent with the overall purpose of the CRPD to ensure the enjoyment of all of the rights of persons with mental impairments is to be preferred. That is, in accordance with international human law, all rights are seen as ‘universal, indivisible, interdependent and interrelated’. I propose a holistic vision of equality in which persons with disabilities are able to live a meaningful life with housing, education, employment, family, and leisure taking into account their impairments and where realization of one right should not be at the cost of sacrificing others.

“QUEM AMA NÃO MATA”

Resumo:A violência contra a mulher, temática recorrente nos debates acadêmicos e sociais, possui um histórico de evolução em termos de proteção jurídica, simultânea a própria luta feminista por igualdade formal entre homens e mulheres no nosso sistema jurídico nacional. O objetivo deste artigo é discutir os dados sobre violência doméstica e familiar ocorridos em 2018 na cidade de Sobral-Ceará. Trata-se de uma pesquisa documental que tem como fonte os boletins de ocorrência produzidos pela Delegacia de Defesa da Mulher de Sobral. Desta forma, identificamos que a ruptura do ciclo de violência doméstica com a formalização da denúncia envolve várias questões que circundam a problemática, desde a interiorização do lar até o âmbito coletivo da problemática em um contexto social. Palavras-chave: Violência Doméstica. Sobral-Ceará. Delegacia de Defesa da Mulher. Abstract: Violence against women, a recurring theme in academic and social debates, has a history of evolution in terms of legal protection, simultaneously with the feminist struggle for formal equality between men and women in our national legal system. The purpose of this article is to discuss data on domestic and family violence that occurred in 2018 in the city of Sobral. It is a documentary research that has as source the police reports produced by the Police Department for the Defense of Women in Sobral-Ceará. Thus, we identified that the rupture of the cycle of domestic violence with the formalization of the complaint involves several issues that surround the problem, from the interiorization of the home to the collective scope of the problem in a social context. Keywords: Domestic Violence. Sobral-Ceará. Departament for the Defense of Women.

The politics of authoritarian empowerment: Participatory pricing in China

Partial and perceived empowerment in the practice of public hearings, widely spreading across China since the late 1990s and still operating today, is puzzling. Citizens enjoy the right to participation, information, and formal equality but their political empowerment is constrained without the right to elect and dismiss officials there. This article examines the politics of ‘authoritarian empowerment,’ which combines partial empowerment and sophisticated control, and separates psychological empowerment from political empowerment. Through such a delicate combination and separation, citizens are partially empowered, paradoxically, to prevent their full empowerment. Our study is a supplement to the previous study of authoritarian deliberation (consultation) and phantom democracy, discloses the deficiency of the literature on local deliberative democracy in China, and enriches the literature on sophisticated authoritarian innovation in Southeast Asia. The article is based on documented research, interviews with 469 non-participants and 72 participants, and an in-depth case study in Shanghai.

Queer at 25: A Critical Perspective on Queerness, Politics and Futures

With a focus on contemporary South Africa, and through the lens of queer identity and politics, the article critiques the limitations and possibilities for queerness and its futures in post-apartheid South Africa. From the advent of constitutional democracy and its ushering in of human rights, the article analyses developments in the politics of sexuality in the context of enduring systems of violence, rooted in colonial and apartheid histories. Discrimination against lesbian, gay, bisexual, transgender and intersex people – at the intersection with other forms of discrimination – has emerged as a focal point for political resistances in the post-apartheid period. These resistances are interrogated, including the paradoxes of rights struggles that they expose, and the contradictions between formal equality gains and present queer realities that they call attention to. With an emphasis on enduring inequalities within post-apartheid society, and on the racialisation of violence against queerness, the article explores various political formations of and for queer freedom. In navigating these dynamics of inequality and difference, the article urges a radical politics – both for relating as equals, and against the violent ends of othering.