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Journal articles on the topic 'Equal opportunities – Law and legislation'
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1
Cook, Clarissa, and Malcolm Waters. "The Impact of Organizational Form on Gendered Labour Markets in Engineering and Law." Sociological Review 46, no. 2 (May 1998): 314–39. http://dx.doi.org/10.1111/1467-954x.00121.
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It is well known that occupations are differentially gendered and explanations for such gendering usually focus on structure and process in the labour market. However little is known of the fine detail of the way in which labour markets perform for particular occupations in particular local contexts. This article is based on micro-sociological research on the professional labour markets for law and engineering professionals in the city of Hobart, Australia. It addresses a discrepancy in women's participation and promotion rates in each of these professions: the proportion of women in high positions in engineering matches their educational qualification rates while that in law is considerably lower than educational qualification rates would suggest. The paper proposes that the explanation can be found in the respective organizational patterns of the two professions. Engineering is practised in large-scale bureaucratic organizations where formal rules govern recruitment and promotion, where equal opportunities legislation literally applies, and where a strict separation is maintained between public and domestic spheres. By contrast, law is practised in collegial partnerships where informal judgements govern recruitment and promotion, where the letter of equal opportunities legislation need not be applied, and where advancement depends on the subordination of the domestic to the public sphere.
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Dewi W, Imma Indra. "ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA." Yustisia Jurnal Hukum 8, no. 1 (April 28, 2019): 133. http://dx.doi.org/10.20961/yustisia.v0ixx.28016.
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<p>Anti-discrimination is known as equal opportunity and treatment which is the right of every citizen in each aspects of life. The principles of anti-discrimination must be included in every product of legislation, including the employment regulation for persons with disabilities in Indonesia. Anti-discrimination in employment regulation for persons with disabilities have been included in the Indonesian constitution. In addition, it has also been adopted in various articles on legislation,regulating about employment for persons with disabilities, namely Law Number 3 of 2013, Law Number 19 of 2011 and LawNumber 8 of 2016. In substance, the law that guarantees the rights of persons with disabilities in a number of laws and regulations in Indonesia is sufficient. However, the regulation in Law Number 13 of 2003 on The Labor Law is not yet clear. Adjustments need to be made on Law Number 13 of 2003, Law Number 19 of 2011, and Law Number 8 of 2016. The need for the many provisions of labor laws that have not been implemented, thus it requires affirmative action to realize equal opportunities in all aspects of life and livelihood for persons with disabilities.</p>
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Mačernytė-Panomariovienė, Ingrida, and Rytis Krasauskas. "A Father’s Entitlement to Paternity and Parental Leave in Lithuania: Necessary Legislative Changes Following the Adoption of the Directive on Work–Life Balance." Review of Central and East European Law 46, no. 2 (May 27, 2021): 179–202. http://dx.doi.org/10.1163/15730352-bja10047.
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Abstract There is a great deal of legislation that has been adopted by the European Union which, in one way or another, aims at ensuring equal opportunities and a good work–life balance. One specific issue in this area relates to childcare leave. In practice, providing for equal opportunities has meant enabling women to integrate into the labor market, to advance their careers, and to have more guarantees and rights at work. In reality, thus far these measures have not been effective enough. The new Directive (EU) 2019/1158 on work–life balance for parents and carers, adopted on 20 June 2019, seeks to increase the take-up of family-related leave and flexible working arrangements by men (fathers). The purpose of this article is to assess what effects this new EU directive will have upon Lithuanian law in this area.
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Morgana, Intan Safira, and I. Made Dedy Priyanto. "LEGAL PROTECTION IMPLEMENTATION FOR DISABILITIES PERSONS IN OBTAINING EQUAL EMPLOYMENT OPPORTUNITIES IN DENPASAR CITY." POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 1, no. 4 (November 24, 2022): 23–30. http://dx.doi.org/10.55047/polri.v1i4.449.
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This research aims to identify and comprehend the regulatory arrangements for employees with physical disabilities to get opportunity equality, as well as the implementation of legal protection for workers with physical disabilities to obtain equal job opportunities in the city of Denpasar. The study approach utilized is an empirical legal research method based on a comparison between das sollen and das sein. Legal and fact-based approaches are applied. Primary data sources include interviews with disabled workers in the city of Denpasar, whereas secondary data sources include statutes and regulations, books, and scientific journals. According to the findings, the regulation regarding persons with disabilities is clearly stated in the national regulations, namely the Human Rights Law, the Law on Persons with Disabilities, and the Manpower Act, whereas the special regulations for Denpasar City are contained in the Bali Provincial Regulation on Persons with Disabilities. However, despite the fact that there are policies in place to govern persons with disabilities in Denpasar City, it is still difficult to find a job, especially in companies, due to the stigma that people with disabilities are incapable of doing anything. Even though the state has enacted legislation governing the employment of people with disabilities, the reality of the situation makes these regulations difficult to implement, especially in relation to issues of employment.
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Miller, Rhonda D., and Antonis Katsiyannis. "Students With Limited English Proficiency." Intervention in School and Clinic 50, no. 2 (July 26, 2013): 121–24. http://dx.doi.org/10.1177/1053451213496161.
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How to address the educational needs of students with limited English proficiency (LEP) is a particularly challenging and often controversial endeavor. Failure to address the needs of students with LEP often results in denial of meaningful educational opportunities and leads to disproportionate representation in special education programs. This article reviews relevant legislation and litigation regarding students with LEP and provides recommendations for improved practice. The case law reviewed addresses (a) equal opportunities for all students, regardless of native language, English language proficiency, or disabilities, (b) nondiscriminatory assessments, (c) assessments done in a timely fashion, and (d) parental involvement.
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Haurylchanka, Yu. "Rejecting the Medical Model of Disability in Belarusian Sports Law: A Long Way to Nowhere?" Kutafin Law Review 9, no. 1 (April 5, 2022): 73–98. http://dx.doi.org/10.17803/2313-5395.2022.1.19.073-098.
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The article deals with the Belarusian legislation and international legal acts in order to answer the question whether the rejection of the medical model of disability is implemented in Belarusian sports law. The author studies the concept of a disabled person, models of disability and legal regulation of adaptive sports from the point of view of sports law and human rights. It is proved that despite the declaration of non-discrimination of persons with disabilities, the problems associated with the medical model of disability remain very relevant in Belarus. The Belarusian legislation uses the concept of formal equality, but it is supplemented by victimization of disability and objectification of persons with disabilities. The emphasis is shifted to the charity nature of medical care, which brings us back to the medical model. The article argues the importance of adopting a Draft Law on Adaptive Physical Culture and Adaptive Sports to eliminate the existing shortcomings of the legal regulation of sports for persons with disabilities. The author also emphasizes that equalization of opportunities in sports should be defined much wider than providing sports facilities, ensuring equal conditions and opportunities for the development of adaptive movement in relation to the conditions and opportunities for the development of non-disabled sports and non-disabled physical culture. Equalization of opportunities should include a freedom of adaptability as a key category and one of the basic principles of the adaptive movement.
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Foort-Diepeveen, Rosalien A. van ‘t. "The Legislative Framework for Working Conditions in the Dutch Ready-Made Garment Sector." Yuridika 34, no. 3 (August 23, 2019): 549. http://dx.doi.org/10.20473/ydk.v34i3.14953.
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This article sets out the legislative framework with regard to labour law provisions concerning working conditions that apply to Dutch employers and employees operating and working in the ready-made garment (RMG) sector in the Netherlands and discusses the challenges that employees may face in the sector. More specifically, this article will focus on the challenges and law applicable to the retail phase and recycling phase in the supply chain of a pair of jeans and a white T-shirt. In this respect, an overview of the labour law provisions will be presented that protect a safe working environment for employees working in the sector. Dutch law contains many provisions concerning the protection of employees against poor working conditions. Among others, employers are obliged to maintain a safe working environment and reasonable working hours for their employees. Dutch labour legislation only applies to employees working in the Netherlands and therefore is of little relevance to the manufacturing phase of the RMG supply chain, which takes place abroad. However, several public and private initiatives were taken to stimulate Dutch clothing brands to exert an influence on the working conditions in the RMG producing countries. Two of these initiatives will be discussed in this article. Furthermore, this article will present which social challenges employees may face in the Dutch RMG sector, which comprise gender inequality, including equal pay and equal opportunities to occupy top management positions and co-determination rights.
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Field, Corinne T., and Nicholas L. Syrett. "Age and the Construction of Gendered and Raced Citizenship in the United States." American Historical Review 125, no. 2 (April 1, 2020): 438–50. http://dx.doi.org/10.1093/ahr/rhaa185.
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Abstract Focusing on the United States, Field and Syrett argue that the supposed universality of chronological age masks the processes through which legislators and government officials relied upon age to reinforce inequalities rooted in coverture and chattel slavery. Two case studies reveal how bureaucratic and legislative age requirements functioned in tandem to deny equal citizenship to women and formerly enslaved people. During the Civil War, Congress passed legislation to grant age-based Civil War pensions for minor children that appeared neutral in law but came to be administered in ways that denied equal benefits to the families of black Civil War soldiers on the grounds that they lacked adequate proof of age. State governments, meanwhile, continued to pass laws that differentiated between men and women in the realm of legal majority, using chronological age as a means to shore up gender inequality even as women gained new rights and opportunities. Recent conflicts over voter identification laws and age determination for child migrants reveal that chronological age remains a contested category through which government officials can deny equal treatment under the law by defining the criteria for what counts as adequate proof of age. Cracks in the modern regime of government-issued birth certificates reveal that age remains what it has always been: not a neutral fact, but a vector of power through which government officials and ordinary people construct and contest the boundaries of citizenship.
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Cinotti, Alessia. ""Nuovi" sguardi alla disabilità e "vecchie" pratiche: un processo a due velocità. Dall'inserimento all'inclusione in ambito universitario." EDUCATION SCIENCES AND SOCIETY, no. 1 (July 2019): 87–102. http://dx.doi.org/10.3280/ess1-2019oa7829.
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The Chilean Government has been taking legal action since 2010 by the law of 20.422 that establishes the Norms about Equal Opportunities and Inclusion for Disabled Persons. Despite above mentioned anti-discriminatory legislation framework and progress, several factor hamper the inclusion at university. Democratisation of HE has helped to ensure a growing trend of increasing enrolment of students with disability in Chile, although it is still not significant enough in terms of potential numbers.Starting from this scenario, the paper aims to provide an overview of the principal steps carried out during the MUSE Project in Latin American in order to highlight the progresses and the challenges of a process in act which has the objective of improve access, ensure retention conditions and develop rich learning opportunities for HEIs' Disabled Students.
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Sirko, Liudmyla. "Public gender-legal expertise as a form of public control: theoretical and legal aspect." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 80–84. http://dx.doi.org/10.31733/2078-3566-2020-5-80-84.
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The article examines public gender-legal expertise as a form of citizen participation in the manage-ment of public affairs, which in the conditions of modern state and political transformations is one of the effective forms of public control. It is emphasized that the active application of public gender-legal expertise of draft regulatory legal acts and current legislation will identify and prevent the existence of legal norms that are discriminatory or may lead to the restriction or advantage of one sex over another in the future. The current legislation has been analyzed and it is proposed to supplement the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” and the Resolution of the Cabinet of Ministers of Ukraine “Issues of Gender-Legal Expertise” dated 28.11.2018 № 997 in terms of regulating public gender-legal expertise.
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Blikhar, Mariia, Oleksii Ostapenko, Iryna Khomyshyn, Leonid Ostapenko, and Mariia Vinichuk. ""TRANSFORMATION" OF HIRED LABOR AS ONE OF THE CONDITIONS FOR REFORMING LABOR LEGISLATION OF UKRAINE: ECONOMIC AND LEGAL DIMENSION." Financial and credit activity problems of theory and practice 1, no. 48 (February 28, 2023): 351–61. http://dx.doi.org/10.55643/fcaptp.1.48.2023.3969.
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The purpose of the article is to study the theoretical and applied aspects and identify the problems of the "transformation" of hired labor, as one of the conditions for reforming the labor legislation of Ukraine, in the context of their economic and legal dimension. The labor relations that arise and function between an employee and an employer in Ukraine are regulated by the norms of labor law both of the Soviet period and from the time of the declaration of independence of Ukraine.The article emphasizes that starting from the 1990s and until now, the national labor legislation has problems that require: 1) legislative coverage and consolidation of the social purpose of labor law in the sphere of regulation of labor relations between an employee and an employer and their practical implementation; 2) correct clarification of the content of the behavior of the subjects of labor relations based on prohibitions, orders and permits that regulate certain aspects of labor activity; 3) reforming labor legislation in order to direct and bring it into line with the Constitution of Ukraine and generally defined principles and norms of international labor law; 4) the unity of the legal policy of the state in the field of labor of certain categories of employees; 5) creation of an effective legal mechanism to regulate the sphere of contractual relations, both individual and collective, taking into account the new social relations between employees and employers on the basis of social dialogue; 6) creation of an appropriate legal framework that would ensure the economic interest of employers in creating safe working conditions for employees; 7) legislative regulation of gender equality of the rights of men and women in the field of work in order to ensure equal opportunities related to remuneration for work results and social protection of employees; 8) new in the content approaches of legal regulation of legal responsibility for violations of labor legislation precisely because the norms of labor law are transformed from general formalized provisions into specific legal rights and obligations of subjects of labor relations.The article emphasizes that each person independently makes decisions about his own work and is personally responsible for his well-being. At the same time, labor legislation should be a high-quality and effective regulator of labor relations, which is the basis for meeting the material and social needs of the employee.
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Łukowiak, Dominik. "Między wolnością słowa a zasadą równości biernego prawa wyborczego. Ramy prawne systemu finansowania kampanii wyborczych w świetle I poprawki do Konstytucji USA." Studia Iuridica 72 (April 17, 2018): 207–19. http://dx.doi.org/10.5604/01.3001.0011.7599.
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The article is a paper presented during the Poland-wide academic conference The U.S. Constitution – theory and practice. The basis for reflections constitutes an issue of the constitutionality of the federal legislation establishing restrictions on the money’s influence on financing election campaigns. The paper focuses on an analysis of the U.S. Supreme Court’s case law related to the range of an acceptable interference of such regulations in the freedom of speech and political expression clause of the First Amendment to the Constitution. The author discusses selected statements contained in the rulings made in cases, from which as the most crucial he regards: Buckley v. Valeo (1976), McConnell v. Federal Election Commission (2003) and Citizens United v. Federal Election Commission (2010). In the conclusion of the article an opinion is presented that the U.S. Supreme Court judicature, co-creating with the federal legislation the campaign finance law, is an unique attempt at balancing the two values fundamental to the democratic election process, which are freedom of speech and the principle of equal opportunities for political competitors.
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Zaçellari, Manjola, Heliona Miço, and Irina Sinitsa. "Inclusive education for Roma children in Albania and Belarus (legal situation, accessibility, opportunities to learn in own language and support of ethnic identity)." Polish Journal of Educational Studies 71, no. 1 (December 1, 2018): 195–211. http://dx.doi.org/10.2478/poljes-2018-0016.
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AbstractThis article is devoted to the analysis of the situation regarding the education of Roma children in Albania and Belarus, evidencing the similarities and differences in legislation and policies in both countries, aiming at highlighting the best practices for each state. The study also analyses whether there is any real approach for inclusive education, despite the legislation in force in both countries, as well as evaluating the next steps to be followed for achieving inclusive education for Roma children, whether as part of a minority group or not. Inclusive education is the main focus of those European policies and legislation that guarantees the right to education to everyone. Vulnerability and marginalization are present in all countries. Even the more developed societies have categories of their population that are defined as vulnerable or marginalized. They may not suffer from poverty, but other factors, such as disability or linguistic/ethnic particularities can be sources of marginalization and underachievement. Every human being is different. Because of this diversity, the law should find ways of treating everybody as equal, and with the same access to education and to every other human right. One of the main causes of discrimination and lack of access to education is being a member of a minority group, especially those ones which are not fully recognised as national minorities, such as the Roma. After the fall of communism in Albania, the transitional period towards a democratic system affected the right to education for Roma children, making them suffer from a lack of access to education. The same is reflected in Belarus, where the right to education for Roma children is more protected by non-governmental organizations rather than the state. Treating Roma children with equal access to education will not only help this marginalized group, but also the whole of society by accepting the differences as a normal phenomenon.
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Lai, Yu-Cheng, and Santanu Sarkar. "Gender equality legislation and foreign direct investment." International Journal of Manpower 38, no. 2 (May 2, 2017): 160–79. http://dx.doi.org/10.1108/ijm-08-2015-0133.
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Purpose The purpose of this paper is to examine the differences in the effects of gender equality legislation on employment outcomes among female and male workers in industries with different intensity of foreign investment (namely, foreign direct investment (FDI)-intensive industries and non–FDI–intensive industries). The specific employment outcomes that were studied to compare the effects of the legislation are the working hours, employment opportunities, and wages of female and male workers in Taiwan. Design/methodology/approach Using data from the annual Manpower Utilization Survey, the authors applied a differences-in-differences-in-differences estimation method to test the effect of gender equality legislation on employment outcomes. By using multinomial logit, the authors measured the effect of the legislation on employment opportunities. To correct for simultaneity and selectivity problems/biases, the authors adopted Heckman two-stage selection procedures. Likewise, the authors used weighted least squares to solve heteroskedasticity in the wage and working hour equations. Further, the instrumental variable (IV) method was used to correct for simultaneity bias in the equation on working hour. The authors applied three stages estimation method following Killingsworth’s (1983) approach to measure the effect of the legislation on wages and working hours. Findings The authors found the restrictions enforced by the gender equality legislation (namely the Gender Equal Employment Act (GEEA), enacted in 2002) in Taiwan to have made certain impact on the workers’ working conditions in FDI-intensive industries. The major finding indicated that in a country like Taiwan, where the legislature tried tilling the perpetual gender gap in its labour market, by passing a law to counter inequality, could finally narrow the gender gap in wages among workers in the FDI-intensive industries. Although initially after the enactment of the GEEA (between 2002 and 2004), the gender gap in part-timers’ wages has widened, yet over a period of time the gap in their wages too has narrowed down, particularly during 2005-2006. The legislation, however, could not improve the job opportunities for full-time female workers’ in FDI-intensive industries. Besides, post 2002, the female workers were found to have worked for shorter hours than male workers, which according to us, could be largely attributed to the enforcement of the GEEA. Practical implications An in-depth analysis of the labour market effects of gender equality legislation should be useful to policymakers, especially those interested in understanding the impact of legislative measures and policy reforms on labour market and employment outcomes across industry types. If enforcement of a gender equality legislation has succeeded in reducing the gender gap more in one set of industries than the others (e.g. foreign owned instead of domestic industries), as the authors noticed in this study, then the same should have a bearing on revamping of future enactment and enforcement too. Originality/value Current study findings would not only provide the broad lessons to the policymakers in Taiwan, but the results that have emerged from a country case study could be referred by other growing economies who are enthusiastic about improving female workers’ working conditions through legislative reforms.
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Marshall, Pablo. "State of the Reform of Legal Capacity in Chile." International Journal of Mental Health and Capacity Law, no. 27 (December 23, 2021): 60–69. http://dx.doi.org/10.19164/ijmhcl.27.1198.
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The Chilean legal regulation of disability has advanced towards an adequate legal framework for the progressive development of state practices respectful of the rights of people with disabilities. The ratification of the CRPD (2008) has been followed by an increasing amount of legislation directed to the inclusion of people with disabilities. The most important of this new disability regulation is the Law 20422 [on equal opportunities and social inclusion of people with disability]. Chile, in this way, can be regarded as a slow but persistent student of the teachings of the CRPD. Despite these positive developments, certain obligations under the CRPD are still pending, especially clear in the legal regulation affecting mental disability. The controversies surrounding legal capacity and mental health law are probably the most important issues surrounding the hesitation to carry out a reform.
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Melnyk, K. Yu. "Ensuring the freedom to conclude an employment contract and gender equality in employment under martial law." Bulletin of Kharkiv National University of Internal Affairs 98, no. 3 (September 28, 2022): 77–88. http://dx.doi.org/10.32631/v.2022.3.07.
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The state of ensuring the freedom to enter into an employment contract and gender equality in employment under martial law conditions has been studied. It has been proven that getting a job is an important event in the life of every person who, in connection with this, acquires the status of an employee, performs the work specified in the employment contract, and receives wages for the work performed in order to provide oneself and family with the means to existence. The national labor legislation provides for a number of guarantees to ensure the labor rights of a person when hiring. A special place among such guarantees is the provision of freedom to conclude an employment contract and gender equality upon hiring.
The point of view of the scientists regarding the content of the categories “freedom of labor contract” and “equality” has been studied. The norms of national legislation, which provide for the freedom to conclude an employment contract and gender equality in hiring, have been studied. It is indicated that the labor obligation, introduced today under martial law, which does not require the mandatory consent of the person in respect of whom the corresponding labor obligation is introduced, as well as his/her registration in an employment contract, destroys the understanding of the employment contract as an agreement between the parties on working conditions based on free choice.
Proposals and recommendations for improving national legislation have been provided. The expediency of expanding the list of persons who are prohibited from engaging in socially useful works has been substantiated, for this purpose the paragraph 6 of the Procedure for involving able-bodied persons in socially useful works in conditions of martial law, approved by Resolution of the Cabinet of Ministers of Ukraine dated July 13, 2011 No. 753, has been proposed to be set out in the following edition: “It is forbidden to involve minors, pregnant women, women with children under the age of three, as well as persons with disabilities in socially useful works, if the performance of such works may negatively affect their health”.
In order to strengthen the regulatory provision of gender equality in employment, it is proposed to: 1) delete the word “may” after the word “employers” and change the ending of the word “implement” in Part 4 of Article 17 of the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”; 2) to supplement the employer’s duties provided for in Part 2 of Article 17 of the Law of Ukraine “On ensuring equal rights and opportunities for women and men”, as follows: “do not allow discrimination based on gender when concluding, changing and terminating an employment contract”.
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Mattar, Mohamed Y., Thani Al-Thani, Fouzi Belknani, Abdullah Abdullah, and Faten Hawa. "Public–Private Partnership: A Legislative Model from the State of Qatar." Global Journal of Comparative Law 11, no. 1 (March 23, 2022): 77–130. http://dx.doi.org/10.1163/2211906x-11010004.
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Abstract The State of Qatar has recently witnessed a massive legislative movement designed to encourage foreign investment and enhance private sector participation in the economy, especially in trade and investment. This article addresses one of the most important enactments in this regard; Law No. 12 of 2020 on economic Partnership between the Government Sector and the Private Sector (hereinafter referred to as the ppp Law or Law N. 12 of 2020). The law encourages the expansive role of the private sector and provides for several incentives and guarantees. The law also designs rules of partnership that follow principles of transparency and good governance. This article focuses on international standards embodied in the uncitral model legislative provisions on public-private partnership and its legislative guide, especially public interest, stability and sustainability, restricted contractual freedom, contractual balance and risk transfer, legitimate and fair competition, transparency and integrity, equality and equal opportunities, the right to compensation, methods of dispute settlement and legislative integration.
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Lyutov, Nikita L. "Defining the employment discrimination: International labor standards and the Russian approach." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 1041–57. http://dx.doi.org/10.21638/spbu14.2022.413.
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The article contains an analysis of approaches to the definition of employment discrimination from the point of view of compliance of Russian legislation and case-law with international labor standards. The prohibition of discrimination includes ensuring equal opportunities for employees, which sometimes implies the provision of additional guarantees for certain categories of employees (affirmative action). The problem with such affirmative action norms established by law is that they themselves can be discriminatory. The courts’ qualification of discrimination is inevitably judgmental and is based both on the values of society and on the subjective opinion of the judge. In this regard, it is important to understand the boundaries between legal differentiation and illegal discrimination according to international labor standards. The article deals with certain aspects of the Russian affirmative action norms in employment which subject to debates regarding their discriminative nature. The norms concerning parental leaves granted only to male military personnel, the list of professions with harmful and dangerous working conditions prohibited for women, the restriction of dismissal of pregnant women at the initiative of the employer (in comparison with the norms on protection from dismissal of trade union activists and parents of disabled children), the ban on dismissal of elderly employees, as well as the possibility of concluding fixed-term employment contracts with them are analyzed and evaluated in the article. The article draws conclusions about the need to harmonize the approaches of the Russian legislation and case-law on these issues with international labor standards developed within the framework of the International Labour Organisation, the United Nations and the Council of Europe.
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Guven, Ada. "The Right to free and fair elections: an analysis of the approach of the American Law Doctrine on ballot secrecy." European Journal of Social Sciences 2, no. 3 (August 25, 2019): 100. http://dx.doi.org/10.26417/613qkr22r.
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This article offers a description of the concept free and fair election being the most fundamental principle defining credible elections is that they must reflect the free expression of the will of the people. Human rights treaties and international law doctrine have established that in order to hold democratic elections, states should assure their transparency, accountability and most of all must be inclusive by giving any citizen the equal opportunities to participate and be elected in the elections. These broad principles are strengthened by several electoral process-related responsibilities, as well as several key rights and freedoms, each of which derive from public international law. The paper aim in the second part to analyse the article of the US constitution that provide for the criteria of free and fair elections and more specifically the principle of ballot secrecy. Furthermore, the article will analyse the caselaw of the Supreme Court of US regarding the right to vote and elections and the interpretation of this Court in the application of the legislation.
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Kania, Dede. "Hak Asasi Perempuan dalam Peraturan Perundang-Undangan Di Indonesia." Jurnal Konstitusi 12, no. 4 (May 20, 2016): 716. http://dx.doi.org/10.31078/jk1243.
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Up to now, the law is still considered discriminatory and gender inequality. Though the law should be equal or sensitive to gender inequality to guarantee women’s rights. By following the principle of equality in all areas of the good men and women have equal rights or opportunities to participate in every aspect of social life and state. so if there is discrimination against women, it is a violation of women’s rights. women’s rights violations occur due to many things, including the result of the legal system, where women are victims of the system. Reform Order is the most progressive period in the protection of human rights. Various laws and regulations come outin this period, including laws and regulations concerning women’s rights. Seen from the government’s efforts to eliminate discrimination based on sex are included in many legislations.
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Buribayev, Yermek A., and Zhanna A. Khamzina. "Gender equality in employment: The experience of Kazakhstan." International Journal of Discrimination and the Law 19, no. 2 (May 30, 2019): 110–24. http://dx.doi.org/10.1177/1358229119846784.
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No country in the world has achieved full gender equality in labour relations. Kazakhstan has just begun a long way of creating legislative and organizational conditions for equality in the workplace. It is obvious that to create a more equal, gender-sensitive society, a state will require profound changes in perceptions, attitudes, stereotypes, and laws. Facilitating such changes is justified not only from a moral but also from an economic point of view. Today, the requirements for women in society in the performance of labour functions are the same as for men. However, in family and domestic relations, there is a persistence of the gender stereotype of male privileges. There is no change in sectoral gender segregation. Women still make up more than 70% of employees in the health, education, and social services sectors, while women’s representation in the financial and public sectors is slightly more than half. Traditionally, these types of sectors are less profitable compared to “male industries,” such as construction, oil and gas, mining, and transport. The level of attracting female labour in innovative, infrastructural, and high-tech projects and programs is very low. The issue of expanding the economic opportunities of rural women, who are denied access to public and state resources and services, remains relevant. In the article, we show the possibilities for ensuring equal employment of men and women in Kazakhstan. The proposals on the improvement of legislation on labour protection and labour conditions and improvement of working conditions are presented, and the possibilities of introducing and expanding flexible forms of employment are considered. Conclusions are drawn on the revision of the list of works prohibiting the use of female labour and ensuring that women have access to types of work that do not pose a danger to women’s health due to their automation, technologization, and informatization.
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Noh, Sung. "A Study on the Legal Implications of the New Article 34-8 of the Higher Education Act to Resolve Education Inequality." Korea Association for Corruption Studies 27, no. 2 (June 30, 2022): 145–64. http://dx.doi.org/10.52663/kcsr.2022.27.2.145.
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This study aims to examine the new laws to provide equal opportunities for education to the people who want to receive education by applying the principle of differential compensation differentially applied to the selection of college students. The Constitution of the Republic of Korea stipulates that all citizens have the right to receive education equally according to their abilities, and the Framework Act on Education also stipulates that they are not discriminated against in education due to social status, economic status, or physical conditions. Nevertheless, social mobility is retreating due to polarization in Korean society, and the function of the class ladder in education is gradually weakening. Accordingly, universities have established a new law to provide more than a certain percentage of opportunities to apply for social consideration prescribed by Presidential Decree, such as basic living recipients, and to expand regional balanced development by more than a certain percentage. This social integration screening legislation is a measure to strengthen the public nature and social responsibility of universities, and as the amendment to the Enforcement Decree of the Higher Education Act was deliberated and resolved at the State Council on February 22, 2022. The revision of the enforcement ordinance is expected to expand opportunities for higher education for economically and socially vulnerable students who have been relatively difficult to enter college.
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Burbyka, Mykhailo, Alyona Klochko, Mykola Logvinenko, and Kateryna Gorbachova. "Separate aspects of legal regulation of women’s labour rights." International Journal of Law and Management 59, no. 2 (March 13, 2017): 271–83. http://dx.doi.org/10.1108/ijlma-02-2016-0021.
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Purpose This paper aims to cover the problems arising in the process of women employment. The purpose is to investigate problems arising in the process of women employment, to analyse the existence of discriminatory aspects with regard to certain categories of workers, and to give recommendations for overcoming discrimination against women in the labour market. Design/methodology/approach The research was based on formal–logical and general scientific cognitive methods (analysis and synthesis, abstraction and concretization and deduction and induction). Systems and functional methods were used. The methods of concrete-sociological researches were used to gather, analyse and process legal information. The comparative-legal methods determined the actual realization of gender equality principles in different countries. Findings The Ukrainian labour legislation is imperfect and should be reformed, so as to not only declare but also protect women’s rights, in accordance with the current realities and fluctuations in the labour market. Practical implications The research helps overcome gender and age discrimination in Ukraine’s labour market, especially the relations that emerge at the employment stage. Discrimination against women at this stage is one of the most common forms of gender inequality. Originality/value Certain gaps in the labour legislation were found. The level of conformity of the current labour-relations-regulating legislation with the policy of equal rights and opportunities for women and men was determined. Recommendations, aimed at changing legal regulations to prevent gender discrimination, were developed, with a view to solving existing gender-related problems in the field of labour.
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Bennett, Michael, Sharon Roberts, and Howard Davis. "The Way Forward — Positive Discrimination or Positive Action?" International Journal of Discrimination and the Law 6, no. 3 (March 2005): 223–49. http://dx.doi.org/10.1177/135822910500600303.
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The focus of this article is an evaluation of the Race Relations (Amendment) Act 2000, which imposes duties on public authorities, and the Sex Discrimination (Election Candidates) Act 2002, which gives opportunities to political parties over the selection of candidates. Both of these Acts help to move anti-discrimination law in the United Kingdom away from a concentration on remedies for inconsistent treatment towards the acceptance of the need for positive measures aimed at both protecting and also advancing the position of an under-represented group. The article suggests that the positive measures these Acts exemplify may lead to conflict with the background principle that individuals should be treated with equal concern and respect. The article suggests that this principle underlies the limits to positive action in employment schemes under European Union law (the article includes a consideration of whether such limits apply to election candidacy); it goes on to consider the principle in respect of the limits to positive action authorised by these two Acts that may follow from the Human Rights Act 1998. The article concludes by considering whether the new legislation provides acceptable models for the future.
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Caplan-Cotenoff, Scott A. "Parental Leave: The Need for a National Policy to Foster Sexual Equality." American Journal of Law & Medicine 13, no. 1 (1987): 71–104. http://dx.doi.org/10.1017/s0098858800006109.
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AbstractWorking women are without substantial protection from the ramifications of pregnancy discrimination, and the opportunities for working men to take leave from work to participate in child care are limited. Recently, private businesses have begun implementing maternity or parental leave policies to address these problems. These policies are inconsistent, however, and a national parental leave program is needed to help women attain equal access to jobs and to provide men with the opportunity to participate in child care.This Note examines the historical background of pregnancy discrimination litigation and legislation, and highlights the gaps in the protection currently afforded women. It suggests that a federal parental leave policy may expand the scope of this protection, and attempts to gain insight and draw conclusions from analogous parental leave programs in foreign countries which may be used as models for a national program in the U.S. Such a program would benefit parents, children, and society by removing some of the obstacles to sexual equality.
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Larasati, Novia Puspa Ayu. "Gender Inequality in Indonesia: Facts and Legal Analysis." Law Research Review Quarterly 7, no. 4 (November 1, 2021): 445–58. http://dx.doi.org/10.15294/lrrq.v7i4.48170.
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the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.
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Abu-Hassan, Reem. "The Laws Governing The Work Of Women In Muslim Countries Today: The Jordanian Case." Hawwa 1, no. 3 (2003): 351–77. http://dx.doi.org/10.1163/156920803322765173.
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AbstractIn the Muslim world, women have equal opportunities of work on theoretical and legislative bases, but in practice women benefit less than men because of the de facto discrimination practices of society. This paper deals with the laws guiding the work of women in Muslim countries by using the Jordanian legal system as an example. It will be argued that law is an important area of practice for social transformation. By recognizing that power is diffused throughout society rather than located solely in the state and related institutions, law can be used to facilitate transitions in social and economic transformations even where traditions and social constraints severely hinder change.
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Muratbaeva, Gulbarchyn N., Vladislav Nikolaiev, Oleksandra I. Vasylieva, Nataliia V. Vasylieva, and Svitlana O. Moskalenko. "Gender dimensions in the coordinate system of public management and administration." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 144–53. http://dx.doi.org/10.37635/jnalsu.28(3).2021.144-153.
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Nowadays, constitutional reforms are continuing, which are aimed at the development of a democratic state governed by the rule of law and European integration. Equal rights and opportunities for both genders constitute one of the fundamental principles of democracy and respect for the individual. Gender equality permeates all the provisions of the Constitutions of Kyrgyzstan and Ukraine. In fact, the Fundamental Law determines the gender strategy for the state. The most important line of the women's movement in recent years has been lobbying for necessary changes in laws and draft laws related to gender issues. The study analyses some aspects of women's representation in the activities of government bodies in Ukraine and the Kyrgyz Republic. The study presents theoretical and practical opinions, expert assessments on the representation of women in a state governed by the rule of law. The problems of reforming the legislation and the foundations of public relations since the beginning of the 1990s and up to the present time are also addressed, leading to a rethinking of the essence of gender equality and contributing to the activation of the development of new approaches to legal regulation in the given subject area. During the analysis, it was noted that to perform international obligations to achieve gender equality in the countries under study, constitutional framework and guarantees of adherence to the principle of equality were developed, which is also constituted in the provisions of the Fundamental Law of the Kyrgyz Republic and the Constitution of Ukraine
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Muratbaeva, Gulbarchyn N., Vladislav Nikolaiev, Oleksandra I. Vasylieva, Nataliia V. Vasylieva, and Svitlana O. Moskalenko. "Gender dimensions in the coordinate system of public management and administration." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 144–53. http://dx.doi.org/10.37635/jnalsu.28(3).2021.144-153.
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Nowadays, constitutional reforms are continuing, which are aimed at the development of a democratic state governed by the rule of law and European integration. Equal rights and opportunities for both genders constitute one of the fundamental principles of democracy and respect for the individual. Gender equality permeates all the provisions of the Constitutions of Kyrgyzstan and Ukraine. In fact, the Fundamental Law determines the gender strategy for the state. The most important line of the women's movement in recent years has been lobbying for necessary changes in laws and draft laws related to gender issues. The study analyses some aspects of women's representation in the activities of government bodies in Ukraine and the Kyrgyz Republic. The study presents theoretical and practical opinions, expert assessments on the representation of women in a state governed by the rule of law. The problems of reforming the legislation and the foundations of public relations since the beginning of the 1990s and up to the present time are also addressed, leading to a rethinking of the essence of gender equality and contributing to the activation of the development of new approaches to legal regulation in the given subject area. During the analysis, it was noted that to perform international obligations to achieve gender equality in the countries under study, constitutional framework and guarantees of adherence to the principle of equality were developed, which is also constituted in the provisions of the Fundamental Law of the Kyrgyz Republic and the Constitution of Ukraine
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MIKHAILICHENKO, ILYA. "ON THE QUESTION OF DEFINING THE CONCEPT OF "DIGITAL CONSTITUTIONAL HUMAN RIGHTS" IN THE MODERN PERIOD OF DEVELOPMENT OF LEGAL SCIENCE." Gaps in Russian Legislation 14, no. 4 (July 28, 2021): 177–86. http://dx.doi.org/10.33693/2072-3164-2021-14-4-177-186.
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The scientific article considers issues related to the definition of the concept of "digital constitutional rights of citizens" and their inclusion in the categorical and conceptual apparatus of the science of constitutional law, in the norms of the constitutions of various states. The author offers an interpretation of this concept. Under "digital constitutional rights of citizens", in this scientific article, a set of universal equal opportunities for human behavior enshrined in the norms of the Constitution of the Russian Federation, is meant, and these opportunities determine the procedure for the implementation of individual and joint activities to use digital electronic services, information, digital technologies, digital products, the procedure for guaranteeing protection their rights in the information space. The article proposes ideas, initiatives and suggestions in terms of forecasting the development of digital constitutional human rights that a person currently possesses, using the new information and communication opportunities provided by the global Internet. Conclusions. An analysis of the practice of international legal documents led the author to the conclusion that despite the fact that international organizations are making attempts to regulate relations in this area, work on substantiating digital constitutional norms in some countries is limited to the development of state programs in which normative legal acts are adopted and introduced changes in the norms of sectoral legislation, in other countries the discussion of this problem is only from the perspective of scientific constitutionalists. It is necessary to start work on a comprehensive international program of international legal regulation of relations in the field of digital rights with the involvement of the international legal community, representatives of the science of constitutional law. This will contribute to the development of a categorical and conceptual apparatus in this area of knowledge.
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ZALEWSKI, MARYSIA. "‘I don't even know what gender is’: a discussion of the connections between gender, gender mainstreaming and feminist theory." Review of International Studies 36, no. 1 (January 2010): 3–27. http://dx.doi.org/10.1017/s0260210509990489.
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AbstractIn this article I discuss some of the connections between gender, gender mainstreaming and feminist theory. As a global initiative, gender mainstreaming is now well established; but the role of feminism and feminists in achieving this success is questionable. Some, including Harvard Law Professor Janet Halley claim that feminists, particularly in the realm of governance feminism, have been extremely successful. Yet despite this success Halley invites us to ‘take a break from feminism’. I consider this political and intellectual invitation in this article in order to shed some light on the relationship between gender mainstreaming and feminism but also to probe what Robyn Wiegman refers to as a ‘critical incomprehension’ around feminism. My discussion includes a brief analysis of the imagery used in documentation relating to the United Kingdom's Gender Equality Duty Legislation; the latter a contemporary example of a legislative attempt to properly mainstream gender. In conclusion I return to the Halley's invitation to ‘take a break from feminism’ and introduce, by way of contrast, Angela McRobbie's recent discussion of post-feminism ultimately suggesting that we might see Halley's call, as well as the popularity (and ‘failures’) of gender mainstreaming as examples of post-feminist practice. Image 1.Pop-art images advertising the ‘Gender Agenda’ on the Internet {http://www.gender-agenda.co.uk/} which is part of the UK's legislation on gender equality produced by the UK's Equality and Human Rights Commission (formerly the Equal Opportunities Commission).If you look around the United States, Canada, the European Union, the human rights establishment, even the World Bank, you see plenty of places where feminism, far from operating underground, is running things.1Any force as powerful as feminism must find itself occasionally looking down at its own bloody hands.2
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Merma Molina, Gladys, María Alejandra Ávalos Ramos, and María Ángeles Martínez Ruiz. "La relevancia encubierta del género: las percepciones de los futuros maestros sobre la igualdad y las desigualdades contextuales." La Manzana de la Discordia 10, no. 2 (April 2, 2016): 93. http://dx.doi.org/10.25100/lamanzanadeladiscordia.v10i2.1586.
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Resumen: Este artículo indaga sobre las percepcionesy las actitudes de los estudiantes, futuros maestros deEducación Infantil, sobre la igualdad de oportunidadesde género. Para ello se han planteado las siguientescuestiones de investigación: ¿Cuál es la visión de losalumnos sobre la igualdad de oportunidades de género?y ¿Qué vivencias relacionadas con la discriminaciónde género dentro y fuera del ámbito universitariomanifiestan haber experimentado los estudiantes? Lametodología cualitativa, utilizada en la investigación,nos ha permitido analizar el pensamiento del alumnadoa través de sus propias voces. Los resultados del estudiomuestran que los estudiantes son conscientes de laimportancia de la igualdad; no obstante, denuncian lapersistencia de creencias estereotipadas y disparidadesespecialmente fuera de la universidad. Aun así, susexpectativas son positivas y apuestan por avanzar enla igualdad de oportunidades fundamentalmente en laformación académica y en el desempeño profesional.Aunque en ocasiones existen ciertas incongruencias entrecómo piensan y actúan, muestran una postura favorablehacia la equidad. Este estudio pone en evidencia que esimportante desarrollar acciones concretas y formalesen la docencia universitaria, ya que una legislaciónfavorable no es suficiente para construir una auténticacultura de género.Palabras clave: igualdad de oportunidades degénero, educación universitaria, identidad de género,diferenciales de géneroCovert Gender Relevance: Perceptions of FutureTeachers on Equality and Contextual InequalitiesAbstract: This article explores the perceptions andattitudes of students, future teachers of elementaryeducation, about equal gender opportunities, on thebasis of the following research questions: What is thevision of the students on equal gender opportunities?And, what experiences related to gender discriminationinside and outside the university have students lived? Thequalitative methodology used in the research has allowedus to analyze the students’ thinking through their ownvoices. The study results show that students are awareof the importance of equality; however, they denouncethe persistence of stereotypical beliefs and disparitiesespecially outside the university. Even so, expectationsare positive and they are committed to advancing equalopportunities mainly in academic and professionalperformance. Although there are some inconsistenciesbetween how they think and act, they show a favorablestance towards equity. This study highlights theimportance of developing concrete and formal action inuniversity teaching because favorable legislation is notenough to build a true culture of gender equity.Keywords: equal gender opportunities, higher education,gender identity, gender differentials
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Golovinov, Alexander, and Yulia Golovinovа. "The Essence and Content of the Principle of Gender Equality in the Texts of Normative Legal Acts of the Scandinavian Countries." Legal Linguistics, no. 23 (34) (April 1, 2022): 18–22. http://dx.doi.org/10.14258/leglin(2022)2303.
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The article is devoted to the study of the category of "gender equality" in the system of some normative legal acts of the Scandinavian countries. The purpose of the work is to show the effectiveness of legal regulation and ensuring the principle of gender equality in the legal policy of this group of states. Guided by the hermeneutic methodology, the authors came to the conclusion that the positive experience of dealing with discriminatory factors is characteristic of modern Sweden. The very concept and term "discrimination" is clearly formulated and defined at the level of regulatory regulation. The Swedish legislator also specifies the manifestations and forms of discriminatory actions.
The publication shows that in Norway one has to observe the concept of establishing specialized government structures. The Norwegian Ministry of Children and Family Affairs includes a special department for gender equality. All this objectively contributes to the effective construction and promotion of true equality for both sexes.
It was established that acting in accordance with other Scandinavian countries, the Danish legislator adopted a special law “On gender equality”. The content of the concept of gender equality, as follows from the text of this document, includes the principle of equal social integration, and is inextricably linked with the concept of equal influence of men and women and their equal opportunities in all spheres of society
It is also emphasized that the content and essence of the principle of gender equality in the legislation of Norway, Sweden and Denmark is directly related to such categories as "women's rights", "prohibition of discrimination", "equal social integration" and "equality of men and women".
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Ashirbekov, Marat Erkenovich. "To the issue of counteraction of Republic of Kazakhstan prosecution authorities to violations in the land legislation sphere." Current Issues of the State and Law, no. 11 (2019): 310–18. http://dx.doi.org/10.20310/2587-9340-2019-3-11-310-318.
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We consider the issue of counteraction of Republic of Kazakhstan prosecution authorities to violations in the land legislation sphere. In this manner, the current reforms to improve the social and economic well-being of citizens in the Republic of Kazakhstan have affected such a burning sphere of public relations as the land issue. It is noted that other values, in particular spiritual and material goods, pale before the right to own the private property institution. It is stated that the existing demand for land and the lack of equal opportunities to obtain them contributes to the emergence of corruption risks. The role of the state course coordinator is legally assigned to the supreme supervisory body of the Republic of Kazakhstan – the Prosecutor General’s office. The inspections carried out by the prosecutor’s office in the activities of local executive bodies reveal numerous law violations, allowed when granting land for individual housing construction, failure to comply with the procedure for issuing land, the use of various schemes to bypass queues. However, the state does not have sufficient land resources to meet the needs of even those who are already in line. In view of what any methods for achievement of the purposes, including bribes of officials, arbitrariness and unauthorized captures of the earth are applied. We offer the ways of counteraction and prevention of the considered crimes in the sphere of land use.
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Narits, Raul, Silvia Kaugia, and Iris Pettai. "Towards a Single Government Approach via Further Consolidation of Law and Order in Estonia, with Domestic Violence as an Example." Juridica International 27 (September 30, 2018): 104–16. http://dx.doi.org/10.12697/ji.2018.27.11.
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An appropriate ‘solution pattern’ for social problems in a state based on the rule of law entails the existence of corresponding legislative regulations. The solution should be approved at the level of a law as a legislative act of supreme juridical power. A solution created at that level would fully correspond to the principle of rule of law and also minimise the possibility of socalled departmental special interests prevailing, in recognition that this danger accompanies efforts toward the solution of every multifaceted problem. The authors find that, since Estonia already possesses relatively extensive experience in legislative consolidation for various aspects of the society’s reality, with most of this experience being of a positive nature, it would be a most welcome development if the issue of DV were to be included in the current process of consolidation under the auspices of the project Towards the Development of Better Legislation. Legislative drafting is stimulated by the perception of acute social problems and of a need to regulate them by legislative means. Results from 2014 and 2017 surveys show that Estonia’s legal practitioners perceive DV as a problem the causes of which demand research and whose victims require help. Most legal practitioners surveyed encountered DV in their day-to-day work, with prosecutors and police detectives bearing the heaviest burden: it consumed nearly one third of their work hours. A serious problem was identified in prejudice and stereotypes, which yield an oversimplified and distorted image of the actual causes of DV, in which the victim frequently is considered responsible. Both the general population and legal practitioners widely share the erroneous impression that the victims could avoid violence through ‘appropriate conduct’. Such stereotypic attitudes wherein victims are considered partially to blame for violence can obstruct the work of law-enforcement agencies. While the idea of a special law on DV found support and scepticism in roughly equal measure, support for it increased significantly when respondents judged the concrete opportunities and solutions offered by such a law. These legal practitioners perceived numerous bottlenecks and unsolved problems in relation to the existing legislative regulation and legal practice, which one would expect to be overcome through a special law on DV. The authors conclude from the survey-based findings that Estonia’s legal practitioners demonstrate considerable anticipation for a law on DV. The participants in the surveys also perceived an increasing need for co-operation with law-enforcement agencies in this regard – i.e., for concentrating on collaboration within this domain. However, the authors consider it undoubtedly important also to increase the involvement of specialists in the DV field: victim support services, staff of women’s shelters, and municipal social workers.
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Chernykh, N. V. "Problems of Ensuring a Fair and Cost-Effective Balance of Interests of the Parties to an Employment Contract in the Development of Atypical Employment (Based on the Analysis of the Norms of Chapter 53.1 of the Labor Code of the Russian Federation)." Lex Russica, no. 8 (August 25, 2020): 148–58. http://dx.doi.org/10.17803/1729-5920.2020.165.8.148-158.
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The paper analyzes the problems of ensuring a fair and cost-effective balance of interests of the parties to an employment contract in the development of various forms of atypical employment, including those revealed through the analysis of the norms on the provision of labor to employees (personnel). There are gaps in the legislation regarding the equal level of remuneration of transferred employees in comparison with the regular staff of the receiving party; the lack of opportunities to participate in collective-contractual setting of working conditions; inability to implement the employee’s right to training and additional professional education. The author examines the legal position of the Constitutional Court of the Russian Federation expressed in the decision of 19.05.2020 No. 25-P "On constitutionality test of Art. 59 part 1 para. 8 of the Labor Code of the Russian Federation in connection with the complaint of I. A. Sysoev" regarding the conclusion of a fixed-term contract with transferred to other employers’ workers. The author concludes that the norms of Chapter 53.1 of the Labor Code of the Russian Federation do not provide a fair and cost-effective balance of interests of the parties to the employment contract in the development of atypical employment. They may seem effective and useful to employers who use their own employees’ labor to minimize staff costs, but this efficiency is imaginary as it is based on short-term benefits and savings on the development of the organization in the future. In this regard, further development of both legislation and law enforcement practice should be based on ensuring a truly equal status of the regular employees and employees engaged by the employer under the contract for the provision of labor to employees (personnel). In the course of the research, the need to make changes to the Labor Code of the Russian Federation is justified.
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Deliyore-Vega, María Del Rocío. "Comunicación alternativa, herramienta para la inclusión social de las personas en condición de discapacidad." Revista Electrónica Educare 22, no. 1 (December 15, 2017): 1. http://dx.doi.org/10.15359/ree.22-1.13.
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In a mainly oral society, those who use alternative forms of communication tend to be marginalized, and this limits equal opportunities. Therefore, this article is based on qualitative documentary research in which the problem posed determines how access to alternative and augmentative communication affects the social inclusion of people with disabilities. The objective is to determine the relationship existing between the theoretical assumptions about inclusive processes and their connection with alternative communication. To achieve this objective, the paper offers a compilation of updated sources on the subject the main researchers in the field have proposed. Subsequently, the contents involved are related using a conceptual scheme. Finally, an analysis of the data is carried out to achieve the proposed research objective. As a result, it was found that both national and international legislation, as well as research and pedagogical currents, promote equal opportunities and the inclusion of the population with disabilities. In spite of this situation, even people with communication barriers still do not have adequate access to dialogue. Results show that alternative communication is an indispensable right for a process of learning; however, students with communication barriers still attend classes without resources allowing their participation. It is also shown that there can be no learning without communication. Thus, the population with communication barriers that attend the classes without an assisted resource sees not only its right to expression violated, but also their right to education.
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Trofimova, Larysa. "Problematic points of the quality of qualification assessment of judges." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 198–207. http://dx.doi.org/10.36695/2219-5521.2.2020.35.
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In the article the author proposes problem solving ways of qualification assessment of judges based on the results of her own theoreticalresearch, discloses separate issues of quality of qualification assessment during the confirmation of judge’s compliance withthe position (applicant for the position) from case file research and conducting interviews by members of the High qualification commissionof judges of Ukraine based on provisions of the current legislation of Ukraine and law enforcement.Statistical observations, scientific research and expert studies, case law reveal not only the need to update the judiciary, but alsoto eliminate excessive and unjustified formalism, subjectivity in the exercise of authority to provide quality services, administrative proceduresto ensure the true quality of qualification assessment, compliance / non-compliance of a judge (applicant for the position) withthe criteria of professional competence, ethics and integrity.Legal policy, value system, tendency towards law and order, the human dignity, the protection of individual rights should be abenchmark in uniting the efforts of all members of society to establish the rule of law, ensure the functioning of an independent judiciaryand good governance, build an independent judiciary, the realization of equal opportunities for personal development, as well as theoptimal use of public resources in line with the goal of public policy – the establishment of the rule of law in Ukraine, the purpose ofthe budget program – ensuring the rule of law and protection of human rights and freedoms through the formation of a virtuous, highlyprofessional and independent judiciary.An important component of ensuring the quality of justice is timely and objective assessment of a judge’s competence, the effectivenessof training / maintenance of skills and the definition of professional skills, in particular on the basis of thorough analysis ofrevoked decisions and consideration of complaints, corrected mistakes, “template proceedings”, reasons for the formation of individualopinions in resolving disputes, taking into account the circumstances in connection with the departure from the preliminary conclusionsof the courts of cassation and compliance with procedural deadlines. Problems of subjective, selective approach, which are manifestedin different attitudes towards the participants of the qualification assessment, in order to confirm / not confirm the judge’s suitabilityfor the position and / or conduct competitions during the examination case files and conducting interviews by members of the Highqualification commission of judges of Ukraine, including on the different approach in responding to the conclusions and informationof the GRD with consideration in plenary (without plenary consideration), require further scientific analysis and improvement of legalregulation to prevent abuse of the right to equal opportunities, the right to be heard, the right to a fair trial, the right to quality judicialservices and administrative procedures with the implementation of the principles of good governance.
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Stasiv, Oksana. "THE INFLUENCE OF THE DECISIONS OF THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS ON THE CONTENT OF LABOUR LAW." Visnyk of the Lviv University. Series Law 74, no. 74 (June 30, 2022): 147–55. http://dx.doi.org/10.30970/vla.2022.74.147.
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The article is devoted to a study of the influence of the decisions of the European Committee of Social Rights on the content of labour law. In particular, the author argues that the decisions of the European Committee of Social Rights have a direct influence on the content of labour law norms, although they have a recommendatory meaning. Since our state has developed a plan of measures to implement the provisions of the European Social Charter, the government reports annually on the implementation of its provisions. The content of these reports demonstrates the changes that have already been made to existing legislation concerning employees' labour rights and those planned to be made in the near future. There is an urgent need to prohibit the employment of people under the age of 15 in view of the international obligations that our state has undertaken. It is proposed to amend Article 188 of the Labour Code and amend the third paragraph of Article 188. It is proposed to establish the concept of a light work for minors and a list of related work when improving the draft law «On Amendments to Certain Legislative Acts of Ukraine on Regulation of Domestic Workers' Labour». The author proposes to develop social adaptation programmes for people with disabilities, a compulsory element of which should be the employment of such people, vocational guidance taking into account their capabilities and the needs of the labour market, as well as the establishment of stricter liability for employers for violating the right to work of people with disabilities. It is noted that in order to overcome gender discrimination in employment, it is necessary to establish the characteristics of equal and equivalent work, taking into account the type of tasks undertaken by employees, skills, education and qualification requirements, and to oblige employers to report to the Public Employment Service on differential pay data, as these are the indicators of compliance with Article 20 of the European Social Charter. It is substantiated that the Committee has repeatedly pointed out in its conclusions the importance of transparency in remuneration, the application of the principle of equal pay for work of equal value, formally supported by the Government of Ukraine. Ukraine has approved the State Social Programme for Equal Rights and Opportunities for Women and Men for the period up to 2021. In particular, it provided for improvement of the legal framework, inclusion of a gender component in economic and social development programmes, expansion of the list of statistical indicators differentiated by article, etc. The programme still has not been fully implemented. In addition, the article proposes a ratification of the Additional Protocol to the European Social Charter providing for collective complaints. The European Committee of Social Rights interprets and details the Charter's provisions in its deliberations and thereby gives significance to its decisions. These activities result in a practice of modern implementation of the provisions of this international treaty, which can be used by the signatory countries in their own practice.
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Hasanaj, Shkelzen. "Europeanization through Migration Policies: Legislative Comparison between Civil Law Systems and Common Law Systems." Academic Journal of Interdisciplinary Studies 7, no. 2 (July 1, 2018): 73–95. http://dx.doi.org/10.2478/ajis-2018-0049.
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Abstract Within the European Union there are several states that have implemented laws, often following different paradigms, to cope not only with the increase in migratory flows, but also to foster the integration and participation of the migrants themselves in socio-political and economic life. In recent decades, immigration into Europe has become a matter of primary and strategic importance for the definition of both internal policies and the external relations of the Union. The progressive settlement of substantial national and ethnic groups poses important economic, social and cultural challenges, to which the policies implemented have so far only partially responded. Guiding concepts like integration, assimilation and respect for diversity still struggle to find an adequate realization in the reception policies of the European states. In this regard, a real revolution in this area was the realization of the “common basic principles” of 2004, which made member states become aware of the respect for fundamental rights, non-discrimination and equal opportunities for all (Niessen,. Schibel, 2007), and it later became a mere “Common agenda for Integration”. In this context, we can recall the decision of the Council and of the European Parliament n.1983 / 2006 which proclaimed 2008 as the European Year of Intercultural Dialogue. With this research, we intend to analyze the regulations concerning the migration of European governments and how they have changed over time, paying particular attention to the activation of inclusion strategies in some European Union countries; at the same time, we intend to find a strategy for a possible cooperation in the management of migratory processes. The integration regulations launched in Italy, Germany, France and the United Kingdom will be examined from the 1940s to 2015 and a comparative study will be conducted between the Community policies and the policies of four countries chosen to highlight common features and divergences.
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Onishchenko, Nataliia. "Contemporary gender context: novelties, perspectives, discussions." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 22–26. http://dx.doi.org/10.36695/2219-5521.3.2020.01.
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The current development of gender issues is characterized by many discussions. Among the issues discussed the most, of course,are: preventing and combating discrimination against women belonging to vulnerable groups, gender-based violence and its relationshipto the social role of the individual, beating gender stereotypes, constructing gender equality, access to justice, and recent eventsrelated to the Biarritz Partnership.
It should be noted that freedom, equality, honor, dignity is the best “guidelines” of the democratic status of an individual in mo -dern society. Legal criteria indicating the content of these categories, their completeness and development, in accordance with Europeanstandards, should be the focus and matter of honor for legal scholars and practitioners. And this leads to the successful polylogue of thestate, civil society and an individual. The construction of gender equality is determined by the state of human rights protection, and genderrights are no exception.The nature of law and human nature have always been and now are of interest, being discussed in philosophy, politics, sociologyand legal doctrine. Today, these discussions are widespread in civil society.High-quality, detailed study of the gender aspect in legal regulation, improvement of means and mechanisms to intensify genderrelations, their adequate use in the legal field will give opportunities for improving the effectiveness of regulatory influence on civilsociety and will reach a new level of legal form. In Ukrainian legislation, gender relations are regulated by constitutional norms, normsof a sectoral nature, a special law and by-laws.This provides an opportunity to speak about the system of laws governing gender relations. It is also legitimate to state that theselaws take a certain place in the system of national legislation and of international law. This leads to the conclusion about the possibilityof conflicts in law and the need to develop ways to overcome them.In this context, one should draw attention t to the Biarritz Partnership, which was launched by the leaders of the G7 at the summitin Biarritz on 25 August 2019 under the lead of French President Emmanuel Macron.Ukraine obtained the status of a member of the Biarritz Partnership, the international initiative of equal rights and opportunities.This accession was initiated by the First Lady in December 2019. It has been repeatedly emphasized that this is another step towardsequality in a broad sense, regardless of gender, age, culture, or mental differences. Ukrainian authorities have undertaken obligationsin five areas:– developing barrier-free public space, friendly to families with children and low-mobility groups;– teaching the principles of equality between women and men to children;– preventing violence;– reducing the pay gap between women and men;– creating more opportunities for men to care for children.
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Smokovych, Mykhailo. "Administrative proceedings in Ukraine: formation and challenges." Legal Ukraine, no. 6 (July 17, 2020): 13–22. http://dx.doi.org/10.37749/2308-9636-2020-6(210)-2.
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The article is dedicated to the fifteenth anniversary of the adoption of the Code of Administrative Procedure of Ukraine. In the context of this significant event, the origins of the formation and development of administrative justice in Ukraine have been studied. Practice shows that the importance of administrative justice in the formation and development of Ukraine as a democratic, legal, social state is extraordinary. It was found that the conceptual approach in terms of the formation of administrative justice, which was originally laid down in the Concept of Judicial and Legal Reform in 1992, was later properly enshrined in the Code of Administrative Procedure of Ukraine in 2006. The essence of the concept is a fair, impartial and timely resolution of disputes in the field of public law by an administrative court in order to effectively protect the rights, freedoms and interests of individuals from violations by the subjects of power. The article analyzes the experience gained in administrative proceedings and highlights some problems of its practical implementation. It is determined that in order to timely resolve disputes in the field of state and legal relations, to ensure equal distribution of workload among judges of the Administrative Court of Cassation within the Supreme Court and to ensure effective protection of rights, freedoms and interests of individuals, rights and interests of legal entities from violations on the part of the subjects of power, it is necessary to make some changes to the legislation on the judiciary of Ukraine. The legislative changes defined in the article will positively affect the practical implementation of the principles of the rule of law and legality in the state mechanism. Key words: administrative proceedings, principle of specialization, specialized chambers, equality of legal opportunities of material and procedural nature.
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Sereda, Olena, Yuliia Burniagina, and Nataliia Halkina. "Standards of professional development of employees: international experience and current prospects in Ukraine." Law and innovative society, no. 1 (18) (June 30, 2022): 43–56. http://dx.doi.org/10.37772/2309-9275-2022-1(18)-4.
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The scientific article examines the international standards of professional development of workers enshrined in the basic legal acts of the United Nations (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, Conventions and Recommendations of ILO), Council of Europe (European Social Charter (revised), EU (Recommendations and Directives). The provisions of laws and bylaws of Ukraine on the professional development of employees are analyzed. Based on the analysis of international acts and norms of national legislation on professional development, we propose to identify the following standards of professional development of employees: high-quality training of qualified personnel in accordance with state policy priorities; ensuring proper organization of professional development of employees; equal access to professional development programs; continuity, fresh of the process of professional development; constant investment in professional development of staff; introduction of effective mechanisms for motivating staff to professional development and continuing education; compulsory professional development; practical orientation of advanced training programs. The conclusion is made about that the international experience in the field of professional development of employees is taken into account in the development of the national legislative field. Іt is proposed to launch an experimental project in the field of professional development of scientific, scientific-pedagogical, pedagogical workers during a special period; to increase opportunities for training and professional development of Ukrainian citizens abroad on the basis of equivalent tape exchange with other states; create favorable conditions for private investment, involvement of business in the professional development of employees, etc.
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Okladnaya, Marina, and Liliya Menkova. "Woman in the diplomatic service: history, problems and prospects." Law and innovative society, no. 2 (15) (January 4, 2020): 40–46. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-7.
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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.
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Bashurov, V. B. "Administrative-Legal Issues of the Movement of Detained Vehicles To a Specialized Parking Lot and Their Storage." Siberian Law Review 18, no. 2 (October 20, 2021): 164–74. http://dx.doi.org/10.19073/2658-7602-2021-18-2-164-174.
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The subject of the study is the norms of the legislation of the Russian Federation on administrative offenses, which establish the powers of the subjects of the Russian Federation to determine the procedure for moving detained vehicles to a specialized parking lot and storing them. The object of the study is public relations related to the organization of the activities of service providers for the movement and (or) storage of detained vehicles, as well as the selection of these service providers. Within the framework of the article, the Author presents an analysis of federal and regional legislation in terms of the implementation of powers by public legal entities in this area of relations. The problems of the implementation of federal legislation, as well as the main approaches, similarities and differences of the "advanced" legal regulation of the relations under consideration at the level of the subjects of the Russian Federation are noted. The existing legislative models for involving local self-government bodies in the exercise of the authority to organize specialized parking lots for the storage of detained vehicles are analyzed. In the research paper, the Author presents options for determining the performers of services for the movement and (or) storage of detained vehicles, analyzes the legal grounds for the implementation of each of them, taking into account the existing law enforcement, including judicial practice. For the purpose of unified legal regulation of relations on the movement and (or) storage of detained vehicles, aimed at implementing measures to ensure the proceedings in the case of an administrative offense in the form of detention of a vehicle, the Author formulated proposals for the legislative consolidation of the federal authorities of the authority to determine the procedure for selecting performers of services for the movement and (or) storage of detained vehicles. To ensure equal opportunities for economic entities to carry out activities in the market of services for the movement and (or) storage of detained vehicles, the Author proposed, within the framework of the above procedure, to determine the requirements for the performers of these services, as well as the criteria for their competitive selection. At the same time, the paper substantiates the need for mandatory application of the territorial criterion for the selection of performers of these services for the movement and (or) storage of detained vehicles, taking into account not only the boundaries of the relevant municipality, but also the distance of specialized parking lots from socially significant objects.
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Svitovenko, D. "The normative basis of the principle of gender equality legislation of Ukraine on labor and employment." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 286–90. http://dx.doi.org/10.24144/2307-3322.2022.72.87.
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The purpose of the article is to clarify the system of acts of the current legislation of Ukraine on labor and employment, which contains norms that reflect the complex essence of the principle of gender equality in the field of labor and employment. The position is substantiated, according to which the normative basis of the principle of gender equality consists of international legal acts (in force on the territory of Ukraine due to their universal mandatory nature or as a result of their ratification by the Ukrainian Parliament), as well as acts of national legislation that contain, in particular, general the idea of legal equality between men and women and/or the idea of equality between men and women in the field of work and employment. The author notes that the international legal level of the normative basis of the principle of gender equality in the field of labor and employment includes: international legal acts in the field of international legal order, human rights, relating to gender equality in the field of labor and employment; international legal acts in the field of labor and employment, which declare gender equality of people in the relevant field (conventions of the International Labor Organization). The national level of the normative basis of the principle of gender equality in the field of labor and employment is connected with separate norms of the Constitution of Ukraine, the Code of Labor Laws of Ukraine, the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”. women who are pregnant, have given birth to a child, are nursing babies, are in an extremely vulnerable state (in the context of the general labor law regime). Therefore, such women are objectively less competitive in the labor market and need positive discrimination (in fact, the expansion of the non-gender approach to determining the legal status of an employee), measures for the implementation of which are provided for by the labor legislation of Ukraine, given that our state is a social and legal . Taking this into account, women who perform the social role of mother, and motherhood reduces their competitiveness in the labor market, possessing a non-gender legal status of an employee, are additionally granted the status of a female worker, which is not a violation of the principle of gender equality in the field of work and employment, but on the contrary - an important condition for its proper (socially safe) implementation.
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Gutiérrez-Fernández, Milagros, and Yakira Fernández-Torres. "Does Gender Diversity Influence Business Efficiency? An Analysis from the Social Perspective of CSR." Sustainability 12, no. 9 (May 9, 2020): 3865. http://dx.doi.org/10.3390/su12093865.
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Gender-related corporate social responsibility (CSR) practices are receiving increasing attention from all stakeholders, as the commitment to achieving equal opportunities for women has become a top priority. However, the reality is that women remain under-represented at the most senior corporate level, and there is a lack of knowledge about many of the implications this situation entails. This study aimed to provide the first analysis of the direct effect and the indirect effect (through leverage) of board gender diversity on business efficiency. The stochastic frontier approach was used to estimate efficiency. Possible determinants were studied using a fixed effects model with instrumental variables to correct for endogeneity problems. A sample of 91 Spanish listed companies was selected. Data were gathered for the period 2004 to 2015. This period is of great interest because it spans two different contexts in terms of gender legislation. The key findings are that promoting gender diversity is important to boost efficiency and that it is vital to consider possible indirect effects such as the role of leverage.
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Bermingham, Vera. "National Vocations Qualifications (NVQs) in Prisons: A Reflection of Effort and Achievement or the Perpetuation of Existing Patterns of Discrimination?" International Journal of Discrimination and the Law 1, no. 4 (September 1996): 353–68. http://dx.doi.org/10.1177/135822919600100404.
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The purpose of this article is to examine the extent to which gender or racial stereotypes are used to categorise or stigmatise inmates in the allocation of work, training and education in prisons. In setting out the impact of recent legislative reforms, the article begins by outlining the effects of the Further and Higher Education Act 1992 and the changes resulting from the introduction of National Vocational Qualifications (NVQs) to the prison regime. The requirement, for the purposes of Sentence Planning, of documentary evidence of an inmate's education and training profile will be seen to have far reaching effects at all stages through a prisoner's sentence; and beyond, for the many prisoners who will be subject to a period of compulsory supervision after release. Yet, it will also be shown that the system operates to allow highly discriminatory decisions to be taken without proper accountability. The effectiveness and implementation of the Prison Department's equal opportunities policy will be considered. The article will conclude by recommending further research that specifically focuses on the allocation of opportunities for education and training for prisoners.
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Tarusina, N. N., A. V. Ivanchin, E. A. Isaeva, E. V. Koneva, and S. V. Simonova. "Women in the Domain of Law in Russia: Emancipation and Counter-Emancipation." Kutafin Law Review 9, no. 4 (January 2, 2023): 740–73. http://dx.doi.org/10.17803/2313-5395.2022.4.22.740-773.
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The emancipation of women in Russia, while it began quite fruitfully, during some periods of the development of the Russian (Soviet) society and Russian (Soviet) statehood had obvious failures that eventually reversed it resulting in counter-emancipation. To this day, these phenomena remain in an unfriendly interaction. This is most clearly demonstrated in political and social activities, labor (restrictions on the right of access to a profession; harassment), criminal policy (gender differentiation in the penal system, inefficiency in counteracting domestic violence), legal regulation of family relations (no legal recognition of de facto marriage; de facto polygamy; surrogate motherhood; property insecurity). The draft law on guarantees of equal opportunities for men and women and their implementation has been given a “red light”. The sociocultural context of the relations under consideration is heavily burdened by a patriarchal parlance. The authors suggest that despite the obvious fact that public opinion and legislative decisions are not generally oriented towards maintaining discrimination and/or counteremancipation, we have yet to see a clear and efficient breakthrough that would equalize the legal and actual statuses of men and women in the Russian legal system and in Russian society as a whole.
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Adi Widnyana, I. Made. "REPRESENTASI KESETARAAN GENDER DALAM UNDANG-UNDANG PEMILU SERTA PENERAPANNYA BAGI PEREMPUAN BALI." VYAVAHARA DUTA 15, no. 1 (May 15, 2020): 1. http://dx.doi.org/10.25078/vd.v15i1.1408.
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<p>The purpose of this paper is to see the extent to which the Election Law is able to address gender equality in politics and democracy and how Balinese women apply this provision as an opportunity to advance and align themselves in the political field by looking at the results of the elections in Bali. So based on that research method used is normative research that refers to the provisions of applicable regulations and is supported by sources of literature and supporting data.<br />It is known that the Election Law requires a 30% quota requirement for women's representation in the electoral process of each political party. This will be an opportunity for women to be able to align themselves and dilute the backwardness of men who used to dominate, although it is known that this cannot be said to be equal or balanced, but at least women are guaranteed their opportunity to be certain in politics through opportunities chosen rights they have.<br />Balinese women from the results of the implementation of the 2004 legislative elections to 2019 for women's representation in the Bali Provincial DPRD, were able to show a significant increase in representation, so it can be said that Balinese women from time to time are able to take advantage of opportunities and opportunities to participate in the political and democratic equalization.</p>