Dissertations / Theses on the topic 'Labour rights'
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Kaufmann, Christine. "Globalisation and labour rights : the conflict between core labour rights and international economic law /." Oxford [u.a.] : Hart, 2007. http://www.loc.gov/catdir/toc/fy0709/2007273640.html.
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Mantouvalou, Virginia. "Labour rights under the European Convention on human rights." Thesis, London School of Economics and Political Science (University of London), 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.437289.
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Prado, Nogueira Marina. "Bringing rights to the table : domestic workers' experiences defending labour rights in Brazil." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/61063.
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Are changes to labour law legislation still relevant today when neoliberalism is curtailing industrial citizenship? And, where progressive changes are introduced, what evidence exists, if any, of changing relations between marginalized women workers (e.g. “domésticas”) and their employers? In 2013, the Brazilian government passed a Constitutional Amendment Bill n°72/2013 (also referred to as PEC Das Domésticas), a set of labour laws harmonizing domestic workers’ rights to that of workers in other occupations. This study examines the new legislation of the PEC and ascertains its significance to improve the terms and conditions shaping the everyday experiences of domésticas. Using qualitative methodologies grounded in feminist theories of intersectionality and affect, I critically analyze the holistic experiences of women domestic workers, understood as overlapping and intertwined realities of class, gender, and racial identifications. By weaving domestic workers’ narratives into an intersectional analysis of domestic work as affective labour, I expose the multiple forms of historically derived oppressions, as well as strategies of resistance arising to contest the exploitation of their labour. This research then argues that labour rights alone are insufficient to address the vulnerabilities and challenges experience by women domestic workers. Domestic workers’ experiences suggest the struggle for better working conditions and social recognition is
implicated in contemporary frictions between cultural notions of servitude and the exercise of citizenship by the working classes. While Brazil’s recent policy reform reveals persistent bourgeoisie discourses resisting treating domestic work as work, it also serves to bring domestic work to greater visibility and a renewed political consciousness about identity and workplace issues. The present study contributes to the ongoing scholarly debates on how structural inequalities based on gender and race influence labour market segregation and reinforce the undervaluation of care and domestic work.Graduate Studies, College of (Okanagan)
Sociology, Department of (Okanagan)
Graduate
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September, Jerome. "Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9175.
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Includes bibliographical references.This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and social justice. The India, Brazil and South Africa (IBSA) group has further recently been held up as a global example for the efforts made by nations in the elimination of the worst forms child labour. The ultimate goal is the total elimination of child labour. This dissertation will draw attention to the complexities and contradictions in policy and practice, with particular reference to concepts such as ‘Child Labour’ and the ‘Worst Forms of Child Labour’. This dissertation will compare [the experience of] childhood in these countries, and explore the risk factors that place particular children, and families, at risk of utilising child labour as a source of income.
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Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
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Hollins, Clare. "Labour Standards and Workers' Rights in the 'Global Factory'." Thesis, Department of Political Economy, 2013. http://hdl.handle.net/2123/10139.
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Badenhorst, Karlien. "The Labour Rights of Irregular Migrants in South Africa." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60082.
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South Africa has long been dealing with the immigration of irregular migrant workers. There are strong indicators that irregular migrant workers are exploited, abused and subjected to working conditions that are less favourable than that of nationals of the country. With the implementation of the Immigration Act 13 of 2002, South Africa criminalised the appointment of an irregular migrant worker.
The Immigration Act came under scrutiny in the Discovery Health v CCMA (2008) ILJ 1480 (LC) case and the judgement stated that irregular migrant workers now have rights under the Labour Relations Act, where they are seen as employees with valid employment contracts. The judgement makes it apparent that the Immigration Act?s goal is not to deviate from international norms already in place. Internationally, irregular migrant workers have various labour rights. Although these international standards are not ratified by South Africa, they still have a profound effect on our judicial system when determining case law.
A comparative analysis is drawn between the legislative framework of the United States of America, Ireland and South Africa in order to obtain an international perspective. Regarding irregular migrant workers, the United States of America takes a dramatically opposing viewpoint to that of South Africa while Ireland?s legislation runs parallel to South Africa?s.
In South Africa, contradicting legislative provisions have created misconceptions that employment contracts of irregular migrants are invalid. These workers are afraid and unaware that they have access to dispute resolution mechanisms, while employers are too happy to exploit them to achieve lower labour costs.
Recommendations to remedy the situation include immigration policy reforms, legislative amendments, enforcement of existing legislation, and creating awareness of the status of irregular migrant workers.Mini Dissertation (LLM)--University of Pretoria, 2016.
Mercantile Law
LLM
Unrestricted
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Üelgen, Ozlem. "The labour exploitation of indigenous peoples : the interface between labour law and human rights law." Thesis, University of Nottingham, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.299579.
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Sychenko, Elena. "The European convention on human rights as a tool of protection of individual labour rights." Doctoral thesis, Università di Catania, 2016. http://hdl.handle.net/10761/4063.
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The thesis explores how individual labour rights have been referred to in the human rights jurisprudence of the European Court of Human Rights (ECtHR). The research in this paper is based on the analysis of 334 cases, considered by the Strasburg bodies in the last 43 years (from 1963 until September 2015). In particular the paper investigates the contributions of the ECtHR to the antidiscrimination protection in employment relations, employee s privacy protection, protection from unfair dismissal and to the occupational safety matters. The author traces the historical development of the legal positions of the ECtHR in respect of protection of employee s freedom of religion, expression and association.
The thesis provides evidence of the applicability of the ECHR to the protection of both private and public employees and points out the positive obligations of the states, elaborated by the ECtHR in relevant case law.
The research of the possible implications of the living character of the European Convention on Human rights for the protection of individual labour rights demonstrates its theoretical applicability for the protection of the right to fair wage and for the protection of employees from psychosocial risks at work.
A specific consideration is paid to the analysis of the impact of the ECtHR s legal positions upon Russia and some other ex-soviet states.
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Thalmann, Vanessa. "Prison labour for private corporations : the impact of human rights." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82672.
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In the past two decades, the prison population has increased considerably in many industrialized countries. In the United States, for example, the prison population has more than quadrupled since 1980. As a response to the considerable incarceration costs, the number of private prisons and the number of prisoners working for private corporations have increased significantly. Proponents of private sector involvement in prison industries argue that inmate labour can reduce the incarceration costs and contribute to rehabilitation of prisoners.The question of private sector involvement in prison facilities raises significant concerns as regards to international labour standards. Opponents of private sector involvement argue that private hiring of prison labour can involve exploitation. They also argue that the authority for punishment is a core governmental function that cannot be delegated to the private sector. Furthermore, in most cases, labour and social security laws are not applied to inmates. Therefore, prison labour can constitute unfair competition with free labour or even go as far as to replace free labour.
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Dioli, Irene <1980>. "Labour, LGBT* rights, and Europe. Discourses in Italy and Serbia." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2013. http://amsdottorato.unibo.it/5995/1/Dioli_Irene_tesi.pdf.
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At the time of writing, all three elements that are evoked in the title – emancipation and social inclusion of sexual minorities, labour and labour activism, and the idea and substance of “Europe” – are being invested by deep, long-term, and – to varied degrees – radical processes of social transformation. The meaning of words like “equality”, “rights”, “inclusion”, and even “democracy” is as precarious and uncertain as are the lives of those European citizens who are marginalised by intersecting conditions of gender, sexuality, ethnicity, and class – in a constellation of precarities that is both unifying and fragmented (fragmenting). Conflicts are played, in hidden or explicit ways, over material processes of redistribution as well as discursive practices that revolve around these words. Against this backdrop, and roughly ten years after the European Union provided an input for institutional commitment to the protection of LGBT* workers' rights with the Council Directive 2000/78/EC, the dissertation contrasts discourses on workplace equality for LGBT* persons produced by a plurality of actors, seeking to identify values, semantics, and agendas framing and informing organisations’ views and showing how each actor has incorporated LGBT* rights into its own discourse, each time in a way that is functional to the construction and/or confirmation of its organisational identity: transnational union networks, by presenting LGBT* rights as a natural, neutral commitment within the framework of universal human rights protection; left-wing organisations, by collocating activism for LGBT* rights within a wider project of social emancipation that is for all the marginalised, yet is not neutral, but attached to specific values and opposed to specific political adversaries (the right-wing, the nationalists); business networks, by acknowledging diversity as a path to better performance and profits, thus encouraging inclusion and non-discrimination of “deserving” LGBT* workers.
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Dioli, Irene <1980>. "Labour, LGBT* rights, and Europe. Discourses in Italy and Serbia." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2013. http://amsdottorato.unibo.it/5995/.
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At the time of writing, all three elements that are evoked in the title – emancipation and social inclusion of sexual minorities, labour and labour activism, and the idea and substance of “Europe” – are being invested by deep, long-term, and – to varied degrees – radical processes of social transformation. The meaning of words like “equality”, “rights”, “inclusion”, and even “democracy” is as precarious and uncertain as are the lives of those European citizens who are marginalised by intersecting conditions of gender, sexuality, ethnicity, and class – in a constellation of precarities that is both unifying and fragmented (fragmenting). Conflicts are played, in hidden or explicit ways, over material processes of redistribution as well as discursive practices that revolve around these words. Against this backdrop, and roughly ten years after the European Union provided an input for institutional commitment to the protection of LGBT* workers' rights with the Council Directive 2000/78/EC, the dissertation contrasts discourses on workplace equality for LGBT* persons produced by a plurality of actors, seeking to identify values, semantics, and agendas framing and informing organisations’ views and showing how each actor has incorporated LGBT* rights into its own discourse, each time in a way that is functional to the construction and/or confirmation of its organisational identity: transnational union networks, by presenting LGBT* rights as a natural, neutral commitment within the framework of universal human rights protection; left-wing organisations, by collocating activism for LGBT* rights within a wider project of social emancipation that is for all the marginalised, yet is not neutral, but attached to specific values and opposed to specific political adversaries (the right-wing, the nationalists); business networks, by acknowledging diversity as a path to better performance and profits, thus encouraging inclusion and non-discrimination of “deserving” LGBT* workers.
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Franceschini, Ivan <1983>. "Labour and rights in contemporary China : beyond the hegemonic discourse." Doctoral thesis, Università Ca' Foscari Venezia, 2013. http://hdl.handle.net/10579/3066.
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Through an extensive fieldwork, this research aims at answering one fundamental question: in the Chinese case, how to reconcile the narrative of a State which promotes a strong discourse on labour and rights with a reality in which workers are blatantly exploited? To provide an explanation to this apparent paradox, this dissertation highlights the importance of analyzing the dialectic tensions between the various actors involved in the production of such discourse, underlining their different agendas. In spite of the hugeness of the task, this dissertation wants to be a first pace in the direction of a better comprehension of these dynamics. To achieve this goal, it offers a series of perspectives on how in China the State, the official union, the civil society organizations and the workers interact with each other to produce a very peculiar narrative of labour and rights, a narrative which unfortunately is rarely matched by reality.
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Govender, Mahalingum. "Balancing the educator's rights to fair labour practices and to strike with the right to education." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1565.
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This treatise investigates the potential for law (including courts and tribunals) to intervene and act as a lever for the protection and advancement of the rights of the child including the right to basic education. The dissertation critically explores the debate on the educator‟s right to strike and fair labour practices and the child‟s right to education, by assessing the rights and liberties, which accrue to educators and the child (learners) in terms of existing law. The South African Constitution has made specific provision for the protection of the rights of children and the rights of educators and these rights are fundamental to the development of a society in transition. The vexed question that arises is whether these rights can co-exist in a society that has inherited a legacy of discrimination and inequality. The consequences of this legacy have resulted in the rights of educators competing with those of learners. The normalisation of the balance of these opposite rights is the challenge that lies ahead and this process will require intervention of all stakeholders rather than purely legislative intervention. This dissertation recommends a consensus-based approach, which is the most appropriate solution to balance the rights of educators with this of the child‟s right to education, as opposed to a declaration of the education sector as an essential service. It further proposes the establishment of a more structured and organised forum / institution and its sole purpose would be to deal with the individual or collective rights of educators that compete with the rights of learners.
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Jovanović, Marija. "Human trafficking, human rights and the right to be free from slavery, servitude and forced labour." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:438dfa89-492c-4882-b882-8f21a0f60e9e.
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The thesis engages with a dynamic discourse on the human rights approach to human trafficking. Building on the traditional doctrine of human rights, the thesis demonstrates that human trafficking is not a human rights violation, save for a state involvement in it, either directly or through a failure to observe its positive obligations imposed by the existent human rights. In situations that do engage human rights law, the thesis defends an argument that conceptually, human trafficking falls within a domain of the right to be free from slavery, servitude and forced labour. This argument is grounded in both a doctrinal and a conceptual analysis. In particular, the thesis conducts a unique conceptual and legal analysis of Article 4 of the European Convention of Human Rights offering an original interpretation of the concept of exploitation in the context of practices associated with trafficking and 'modern slavery'. This type of inquiry is missing in the existent scholarship. The thesis also conducts a detailed analysis of the jurisprudence of the European Court of Human Rights on positive obligations to protect vulnerable individuals arising out of 'absolute' rights. In addition to providing a complete analysis and classification of these positive obligations, the thesis draws attention to the important difference between the scope of the right and the scope of state responsibility in situations of private infringements of 'absolute' rights. Accordingly, the thesis demonstrates that whereas the prohibition contained in these rights is absolute for the state, positive obligations in situations of their infringements by private individuals are of a limited scope. The analysis of the jurisprudence of the Strasbourg Court is supplemented by a comprehensive discussion of the obligations established in the trafficking-specific instruments. The thesis explains how victim protection provisions contained in these instruments may inform human rights obligations, yet, it demonstrates that these do not represent such obligations on their own. This analysis provides a roadmap for practitioners and activists when arguing cases before the Strasbourg Court and domestically. In addition to this practical dimension, the thesis intends to provide an important contribution to the scholarship on human rights law, and on human trafficking specifically.
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MARICONDA, CLAUDIA GABRIELLA. "HUMAN RIGHTS AND LABOUR RIGHTS OBLIGATIONS OF MULTINATIONAL COMPANIES. PERSPECTIVES ON PRIVATE MILITARY AND SECURITY COMPANIES." Doctoral thesis, Università Cattolica del Sacro Cuore, 2016. http://hdl.handle.net/10280/11127.
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Lo studio si inserisce nel dibattito sul potere delle multinazionali e il rispetto dei diritti umani fondamentali e approfondisce i concetti di responsabilità sociale delle imprese (CSR) e della loro "accountability", inquadrando l'analisi nel contesto più ampio degli investimenti esteri diretti (FDI), con i relativi aspetti economici, tecnologici e sociali, nonché ambientali e politici.
Si analizzano le norme internazionali in tema di rispetto dei diritti umani da parte delle aziende, ed i meccanismi legali per rendere le società "accountable", soprattutto in caso di complicità aziendali negli abusi perpetrati dagli Stati, anche attraverso la giurisprudenza dei tribunali penali internazionali e dei tribunali statunitensi.
Viene data attenzione al settore della sicurezza, i.e. "Private Military and Security Companies" (PMSCs, interessato da notevole crescita negli ultimi decenni. Le PMSCs, impiegate da parte dei governi che esternalizzano una funzione tipicamente dello stato e da imprese e ONG attive in contesti difficili, hanno operato senza adeguato controllo.
Le loro attività sollevano questioni su potenziali abusi dei diritti umani commessi dai propri dipendenti oltre che su violazioni dei diritti del lavoro subite dagli stessi.
Le azioni ONU per portare le PMSCs fuori dalla 'zona legale grigia' in cui hanno operato vengono trattate insieme alle iniziative di autoregolamentazione.The study, given the debate about the increasing power of corporations and the attempts to ensure their respect of fundamental human rights, deepens the concepts of corporate social responsibility (CSR) and corporate accountability, framing the analysis within the broader discourse of Foreign Direct Investment (FDI), with its economic, technological and social aspects as well as environmental and political issues. International standards in the area of corporations’ human rights obligations are analyzed in addition to legal mechanisms to hold corporations accountable, particularly for corporate complicity in human rights abuses by States, through the jurisprudence of international criminal tribunals and U.S. Courts. Special attention is given to the security sector, i.e. Private Military and Security Companies (PMSCs), interested in the last decades by a steady growth. PMSCs, increasingly contracted by governments willing to outsource a typical state function and by companies and NGOs active in difficult contexts, have been operating without proper supervision and accountability. PMSCs activities raise issues concerning potential human rights violations committed by their employees and labour rights abuses their employees might suffer themselves. UN actions aimed at bringing PMSCs out of the legal ‘grey zone’ where they have been operating are tackled alongside with self-regulatory initiatives.
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MARICONDA, CLAUDIA GABRIELLA. "HUMAN RIGHTS AND LABOUR RIGHTS OBLIGATIONS OF MULTINATIONAL COMPANIES. PERSPECTIVES ON PRIVATE MILITARY AND SECURITY COMPANIES." Doctoral thesis, Università Cattolica del Sacro Cuore, 2016. http://hdl.handle.net/10280/11127.
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Lo studio si inserisce nel dibattito sul potere delle multinazionali e il rispetto dei diritti umani fondamentali e approfondisce i concetti di responsabilità sociale delle imprese (CSR) e della loro "accountability", inquadrando l'analisi nel contesto più ampio degli investimenti esteri diretti (FDI), con i relativi aspetti economici, tecnologici e sociali, nonché ambientali e politici.
Si analizzano le norme internazionali in tema di rispetto dei diritti umani da parte delle aziende, ed i meccanismi legali per rendere le società "accountable", soprattutto in caso di complicità aziendali negli abusi perpetrati dagli Stati, anche attraverso la giurisprudenza dei tribunali penali internazionali e dei tribunali statunitensi.
Viene data attenzione al settore della sicurezza, i.e. "Private Military and Security Companies" (PMSCs, interessato da notevole crescita negli ultimi decenni. Le PMSCs, impiegate da parte dei governi che esternalizzano una funzione tipicamente dello stato e da imprese e ONG attive in contesti difficili, hanno operato senza adeguato controllo.
Le loro attività sollevano questioni su potenziali abusi dei diritti umani commessi dai propri dipendenti oltre che su violazioni dei diritti del lavoro subite dagli stessi.
Le azioni ONU per portare le PMSCs fuori dalla 'zona legale grigia' in cui hanno operato vengono trattate insieme alle iniziative di autoregolamentazione.The study, given the debate about the increasing power of corporations and the attempts to ensure their respect of fundamental human rights, deepens the concepts of corporate social responsibility (CSR) and corporate accountability, framing the analysis within the broader discourse of Foreign Direct Investment (FDI), with its economic, technological and social aspects as well as environmental and political issues. International standards in the area of corporations’ human rights obligations are analyzed in addition to legal mechanisms to hold corporations accountable, particularly for corporate complicity in human rights abuses by States, through the jurisprudence of international criminal tribunals and U.S. Courts. Special attention is given to the security sector, i.e. Private Military and Security Companies (PMSCs), interested in the last decades by a steady growth. PMSCs, increasingly contracted by governments willing to outsource a typical state function and by companies and NGOs active in difficult contexts, have been operating without proper supervision and accountability. PMSCs activities raise issues concerning potential human rights violations committed by their employees and labour rights abuses their employees might suffer themselves. UN actions aimed at bringing PMSCs out of the legal ‘grey zone’ where they have been operating are tackled alongside with self-regulatory initiatives.
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Paoli, Maria Celia Pinheiro-Machado. "Labour, law and the state in Brazil : 1930-1950." Thesis, Birkbeck (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.284179.
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Simamba, Bilika Harry. "Trade union rights and the international labour organization an African perspective." Thesis, University of Ottawa (Canada), 1987. http://hdl.handle.net/10393/5120.
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Agrenius, Ellen. "Labour and human rights standards internationally : CSR as the new paradigm?" Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-100527.
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Harvey, Suzanna. "Labour brokers and workers' rights: can they co-exist in South Africa?" Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4506.
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Heinecken, Lynnette Peta Terrie. "The soldier as employee : the compatibility of labour rights with military service." Master's thesis, University of Cape Town, 1997. http://hdl.handle.net/11427/9481.
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Bibliography: leaves 173-187.A review of literature reveals, that three key issues underlie the debate on whether soldiers may have labour rights. The first suggests that it is socially unjust, or undemocratic, to deny soldiers the right to belong to a labour union to advance their interests as employees. The second, is that the constitutional rights of soldiers to belong to trade unions must yield to the unique nature of military service, given the need for discipline, obedience and cohesion. For the sake of national security, these rights must be curtailed. The third area of concern, is the effect of military unionisation upon the political control of the armed forces. This study sets out to analyse whether labour rights, such as the right to belong to a trade union for the purpose of collective bargaining, as well as the right to strike, can be extended to soldiers without undermining national security. The suggestion is made that the unique nature of the military profession, the ethical requirements of the profession, as well as the potential consequences of the abuse of the monopoly over the means of mass destruction, complicates the acceptance of a more pluralist approach to labour relations. The drift towards occupationalism, as well as the impact of certain societal trends on the military organisation, nevertheless compels the armed forces to adapt their unitarist approach to labour relations, and accept a more pluralist dispensation. The unique nature of military service complicates the acceptance of pluralist labour relations practices, and even where labour rights have been extended to soldiers, the activities of the unions or associations representing soldiers are curtailed. Against this background an assessment is made whether labour rights can be extended to soldiers in South Africa.
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İren, Yıldızca Bediz Büke. "Migrant Child Labour in Turkey : A critical analysis of multilevel governance targeting migrant child labour in Turkey." Thesis, Linköpings universitet, REMESO - Institutet för forskning om migration, etnicitet och samhälle, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-162798.
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Entering the 9th year of the Syrian Crisis, there are still more than 400 thousand school aged Syrian children considered ‘out-of-school’ in Turkey. Several previous studies as well as reports of International Organisations and Civil Society Organisations such as UNICEF and Support to Life argue that out-of-school Syrian children have formed part of the Turkish informal labour market. Restrained migration policies incorporated with the needs of global labour markets have caused precarisation of the migrant labour, and in the case of Turkey precarisation of migrant child labour as well. The aim of the current study is to critically analyse the strategies and interventions of this multilevel governance targeting migrant child labour. Hence, a qualitative research method was employed in order to answer the study’s research questions. First, document analysis was conducted to identify the multilevel institutional framework; and second, semi-structured in-depth interviews were conducted with selected informants working for International Organisations. By facilitating Carol Bacchi’s ‘What is the problem represented to be?’ (WPR) approach, each actor’s strategies and interventions directed to migrant child labour are scrutinised. While each actor by definition manages to identify the causes of (migrant) child labour, the strategies and interventions are constrained by the conventional migration management approach as well as the discourses of “the best interest of the child” and “fair trade”.
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Geraldo, Geraldine Mwanza. "Labour rights and free trade zones in Mozambique and Namibia : a cripping cocktail?" Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5438.
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This paper focuses on the the interplay between Free Trade Zones (FTZs) and labour
rights. It seeks to determine the effects of FTZs on the full realization of labour rights in Mozambique and Namibia.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Paulo Comoane of the Unicersidade Eduardo Mondlane, Maputo, Mozambique.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Mzimba, Nomlindelo. "The significance of the amendments made to section 198 of the Labour Relations Act 66 of 1995." University of the Western Cape, 2018. http://hdl.handle.net/11394/6549.
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Magister Philosophiae - MPhilIn the South African employment context, temporary employment service (hereinafter referred as TES), also known as labour broking, is regulated by the Labour Relations Act.1 Under the previous LRA (prior 2014 legislative amendments), employees of TES have been challenged in respect of exercising their labour law rights and that subjected them to exploitation. Such exploitation called for the government of South Africa to effect some amendments on the LRA with a view to protect TES employees. This was done through Labour Relations amendment Act no 06 of 2014, which came into force in August 2014. The relationship in TES involved three parties, such as, client, labour broker and an employee. A labour broker entered into a commercial contract with a client, in terms of which the former would provide employees to the client. An employment contract will then be entered into between labour broker and an employee. The duration of employment contract would mostly be determined by as long as the client requires services of a placed employee. No employment contract was entered into between an employee and the client. This is despite the fact that a client had directly enjoyed services of the employee.
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Mbwaalala, Ndemufayo Regto. "Can labour law succeed in reconciling the rights and interests of labour broker employees and employers in South Africa and Namibia?" Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9779_1380724825.
Full textAbstract:
The ever increasing regional and global trade competition has manifested itself in a growing number of non-standard forms of employment including the increasing use of "
temporary employment services"
(or &ldquo
labour brokers&rdquo
as commonly referred to). Labour brokers enter into employment relationships as third parties with client companies to supply employees through a commercial contract. These labour services usually fall outside the regular twoparty contract of employment defined under existing labour laws and thus the employees are not covered by that law. Labour brokers have been labelled as &ldquo
the re-emergence of new apartheid strategy&rdquo
and &ldquo
modern slavery&rdquo
by some quarters in labour sectors of Namibia and South Africa. Trade unions, particularly, have led the most vocal resistance against labour brokers in both countries. They argue that, like previous apartheid contract labour systems, labour brokers today erode standards for decent working conditions and weaken union representations in the workplace. Thus unions have repeatedly sent strong calls to lawmakers to amend existing labour laws and &bdquo
forever put labour broking in its grave where it belongâ1. On the other hand, employers have argued that recent forces of globalisation demand flexible employment strategies and banning labour brokers will make it more difficult for local businesses compete profitably globally via flexible short term employments and can lead to losses of many job opportunities.2 It is against this background that I will argue that current labour laws should be amended to define and regulate labour brokers more closely and compel them to recognise workers rights and conditions as equal as those of standard employees. But first, I will highlight some socio-economic indicators influencing the labour markets in South Africa and Namibia, including the history of workerâs rights under the contract labour systems in both countries. Second, I will look at some of the expressed exploitive conditions resulting from the use of labour brokers and also look at some reasons why businesses engage labour brokers. Thereafter I will point out some of the reasons why trade unions have called for a total ban on labour brokers. I will then discuss the difficulty of banning labour brokers, including the constitutional challenge in the landmark case of African Personnel Services v Government of the Republic of Namibia3. Lastly i will expand on the ruling by the Namibian Supreme Court of Appeal (NSA) recommending a regulatory approach in line with the International Labour Organisationâs (ILO) conventions on third-party employments.
27
Dong, Zhiyong. "Ownership of the person and the concept of human rights." Thesis, Queen's University Belfast, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.324837.
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Woodiwiss, A. "Rights v. conspiracy : A Marxist essay on the history of labour law in the United States." Thesis, University of Essex, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.370496.
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29
Berg, Laurie Ada. "Whose rights at work? addressing precariousness in temporary and unauthorised migrant labour in Australia." Thesis, The University of Sydney, 2013. http://hdl.handle.net/2123/10199.
Full textAbstract:
Whose Rights at Work? Addressing Precariousness in Temporary and Unauthorised Migrant Labour in Australia Temporary labour migration is built upon a core dilemma—maintaining an economically productive resident population without political representation or full access to the social and economic benefits of citizenship. Most agree that temporary workers are entitled to protections under employment laws which govern their labour. But can temporary workers by definition be entitled to rights equal to residents in every respect? Must unauthorised workers, under law, inevitably have less secure protection still? Where should these differences lie? What role, if any, should workers themselves play in determining these various standards? These questions are the focus of this thesis. They touch on deeply held beliefs about how a national community should be defined and to whom domestic legal protection should extend. This thesis argues that relationships between employees and employers, migrants and residents, inevitably create mutual dependencies and obligations of care. Australia cannot ‘will away’ migrants on temporary visas or who work without a visa with whom it does not wish to engage. Under the influence of Australia’s regulatory power, migrant workers must be permitted a strong voice in how that power is exercised. These issues are common to migrant worker schemes internationally, but have arisen in Australia comparatively recently, and in unique ways. Since the late 1990s, Australia has seen exponential growth in temporary labour migration, and its once centralised and uniform labour protections and social benefits have become increasingly piecemeal. This has left those working pursuant to temporary visas or without visa authorisation, as much as six percent of the Australian labour market, even more susceptible than resident workers to the raw impact of a weakly regulated labour market. Poor working conditions, in other words, do not occur simply at the whim of rogue employers. Scholars of immigration have argued that exploitative labour can be produced by government regulation of immigration laws. This thesis extends this literature by demonstrating how Australian immigration law and enforcement reconfigure the relationships between migrant workers and employers and build coercion and uncertainty into them. The force of immigration regulation can be so potent that specific efforts by employers to exploit migrant employees are redundant. In exploring this argument, and as a further original contribution, this thesis evaluates several immigration-based legislative reforms introduced between 2007 and 2013 in the name of addressing the mistreatment of migrant workers. Several of these (the injection of safeguards into the temporary skilled migration scheme, for example) support migrants’ rights to robust participation in Australian workplaces and, indeed, in the Australian political community more broadly. However, my research suggests that other regulatory responses (such as the introduction of an employer sanctions scheme) have amplified the underlying power differential in migrants’ precarious employment. Diagnoses of the unjustness of migrants’ working conditions are common. Concrete regulatory solutions are rare. Yet this thesis offers suggestions to reverse the subordination of temporary and unauthorised migrants in workplaces across Australia. It acknowledges two competing ethical imperatives. First, the belief that a fixed political community is necessary to achieve strong social welfare commitments. This view fuelled the desire to enshrine the ‘Australian standard’ at Australia’s Federation in 1901, and still holds today. However, secondly, residents and migrants indubitably impact upon one another in significant ways that generate reciprocal responsibilities to lessen harm. Proposals for legislative reforms are made at the intersection of these tensions.
30
Obi, A. "Modern slavery and worst forms of child labour in South Africa: case of the former homeland areas." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/d1016119.
Full textAbstract:
Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed “worst forms of child labour”. The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John’s Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and “bystanders” who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.
31
Murray, Jillian G. "The international regulation of working time : the ILO and EC compared." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.342911.
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Humbert, Franziska. "The challenge of child labour in international law /." Cambridge : Cambridge University Press, 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9780521764902.
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33
Patel, Reena. "Labour and land rights of women in rural India : with particular reference to Western Orissa." Thesis, University of Warwick, 1999. http://wrap.warwick.ac.uk/4010/.
Full textAbstract:
Hindu women's right to independent ownership of property has been established in India since 1956. Given that legal rights have not brought about a significant increase in women's ownership of land, this thesis explores the factors that affect women's effective claim to land ownership. Taking the particular case of Hindu peasant women in small farming households in Western Orissa, it analyses their ability to claim land ownership as the outcome of bargaining. The bargaining approach, as developed by economists, and by Amartya Sen and Bina Agarwal in particular, is adopted to analyse women's access to land as an effect of women's perceptions of self-interest and perceptions of women's contribution. The thesis evaluates the legal framework as it incorporates and reflects these perceptions. It argues that law constructs women's claim to land as a right addressed to 'Hindu' women, located within the family (through succession) and informed by religious ideology. It further argues that recognising women's interests as a basis of their claim to land ownership, as 'peasant' women, located within the household and affected by their work and role within agricultural production, would widen the scope of legal analysis. This would be a starting point towards a deeper understanding of the ways in which law impacts upon women's access to land.
34
Prinsloo, Monique Francis. "Protection of pregnant employees in the South African workplace : a labour law perspective." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5147.
Full textAbstract:
Magister Legum - LLMThe Constitution of South Africa lists pregnancy as a prohibited ground for discrimination. The South African labour law regime likewise makes provision for the protection of women and pregnant employees in the workplace. This protection is against less favourable treatment, through measures that prohibits dismissal and discrimination based on pregnancy. In defiance of these laws, the recent trend indicates that the less favourable treatment of women and pregnant employees in the South African workplace environment has become more prevalent and this has become a contentious issue. Thus, this study will firstly, in view of relevant constitutional guarantees, focus on labour legalisation (and where relevant, related legislation outside the labour law arena) that has been enacted to provide for the protection of pregnant women in the workplace. Secondly, this study will demonstrate that despite these provisions that affords for formal protection of pregnant women in the workplace, practically many pregnant women continue to be treated unjustly because of their pregnancies or reasons related thereto. It is therefore clear that there is a setback with regard to the practical implementation of the laws protecting pregnant employees. Finally, this study will clearly highlight that measures need to be established where the law protects pregnant employees in the workplace, so that these laws serve its purpose and that they are implemented in the correct manner that it is intended to serve. This will be done through tabling recommendations concerning how labour law should be implemented so that the employment rights of women and pregnant employees are comprehensively protected.
35
Cuamba, Armando. "Prisoners' right to remunerated work: a case study of Mozambique." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/15963.
Full textAbstract:
The study focuses on the implementation of the prisoners’ right to remunerated labour in Mozambique. It takes on a human rights-based approach to prisoners’ rights, arguing for the provision of remunerated labour as a measure to enhance a fundamental right to work to the most vulnerable members of the society who are prisoners. Within this broad rubric, the following questions are investigated: (1) What are the domestic, regional and international standards in respect of remunerated labour applicable to prisoners? (2) Has Mozambique complied with the duties arising from these obligations?
(3) How can the enforcement of these undertakings be ensured?A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Frans Viljoen of the University of Pretoria Centre for Human Rights.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
36
Solé, Truyols Montserrat. "Pension rights as fundamental rights: a comparative analysis of the old age pensions prospects in Norway and Spain on grounds of collective labour conditions." Doctoral thesis, Universitat Pompeu Fabra, 2017. http://hdl.handle.net/10803/456477.
Full textAbstract:
The link between pensions and work is established at human rights
level through social security contributions. The extent to which this
link is strengthen is set in the national designs of social security
systems that on their turn reflect the values to which each society
adheres as well as the institutional contexts in which the systems are
embedded.
The project compares Norwegian and Spanish collective bargaining
models from this institutional perspective and critically analyses
their respective ability to secure appropriate working conditions that
can ensure the financing of the systems and the return of adequate
pension benefits at old age. The study is complemented with the
transversal analysis of the EU’s law and policies impact in each
institutional framework and ultimately on the collective bargaining
model.La relació entre pensions i treball, establerta a nivell de drets humans per mitjà de les contribucions a la seguretat social es materialitza en el disseny dels respectius sistemes a nivell nacional. Aquests reflecteixen d’una banda els valors amb els quals la societat s’identifica i de l’altra, el context institucional en el que es troben inserits. El projecte compara els models de negociació col·lectiva des d’aquesta perspectiva institucional i n’analitza de manera crítica la capacitat respectiva per respondre amb unes condicions de treball aptes per garantir el finançament del sistema i el nivell adequat de beneficis de les pensions. L’estudi es completa amb l’anàlisi transversal dels efectes que les polítiques i el marc legal de la EU, tenen sobre els diferents contexts institucionals i per tant sobre la negociació col·lectiva.
37
Janz, Nicole. "The impact of foreign direct investment on human rights and labour standards : an industry sector approach." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708829.
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38
Parsa, Sepideh, Ian Roper, Michael Muller-Camen, and Eva Szigetvari. "Have labour practices and human rights disclosures enhanced corporate accountability? The case of the GRI framework." Elsevier, 2018. http://dx.doi.org/10.1016/j.accfor.2018.01.001.
Full textAbstract:
This paper critically evaluates Transnational Corporations' (TNCs) claimed adherence to the Global Reporting Initiative (GRI)'s "labour" and "human rights" reporting guidelines and examines how successful the GRI has been in enhancing comparability and transparency. We found limited evidence of TNCs discharging their accountability to their workforce and, rather, we found evidence to suggest that disclosure was motivated more by enhancing their legitimacy. TNCs failed to adhere to the guidelines, which meant that material information items were often missing, rendering comparability of information meaningless. Instead, TNCs reported large volumes of generic/anecdotal information without acknowledging the impediments they faced in practice.
39
Lubaale, Emma Charlene. "A human rights-based approach to child labour in Africa : challenges and prospects in South Africa." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18624.
Full textAbstract:
Africa reportedly has the highest incidence of child labour in the world. To respond to this problem, some
scholars recommend an outright ban on child labour through legislation. In this regard, most African
countries, including South Africa (SA), have enacted legislation directed at banning child labour. However,
legislation directed at banning child labour may impact negatively on certain fundamental rights of children.
This is because child labour is sometimes a source of income for many children who may themselves have
‘dependants’. For instance, for children in desperate need, adherence to laws which have the effect of
depriving them of basic necessities including food, housing and water is unrealistic, inadequate and totally
ineffective. A notable example is with regard to orphaned children. Taking such children out of employment
is counter-productive as they are left with no means of survival. On the other hand, though child labour
contributes to the survival of many children and their families in Africa, it impacts negatively on fundamental
rights of children. Some of these rights include the right to education, health, leisure, among others.
Therefore, regardless of the circumstances that compel children to engage in child labour, it remains a
problem that needs to be addressed through appropriate approaches. This study stresses that the
approaches adopted need to be cognizant of the diverse circumstances under which children engage in
child labour.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
40
Almutairi, Abdullah Moied S. "Protecting the rights of temporary foreign 'low-skilled' workers in the Saudi construction industry : a case for legal reform." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/14845.
Full textAbstract:
This thesis is a socio-legal study of the employment conditions of temporary foreign workers (TFWs) in the Saudi Arabian labour market in general and the construction sector in particular, with emphasis on low-skilled TFWs. This thesis adopts a socio-legal approach to the human rights situation of low-skilled TFWs working in the Saudi construction sector. By using migration theories, a human rights-based approach and Islamic perspectives on labour rights, the study questions the efficacy of Saudi domestic law in providing protection to low-skilled foreign workers in the construction sector. This is done by examining the current labour admission policies and the structure of the regulatory framework, including the ‘kafala’ system, recruitment procedures, employment law, working conditions, occupational safety and health hazards and access to the justice system. Grounded theory methodology is followed, with empirical data collection using semi-structured interviewing techniques in two major Saudi cities, Riyadh and Makkah. The data collected from the fieldwork provides the basis for understanding the current situation of low-skilled TFWs, by listening to their experiences. The thesis finds a link between the legal status of temporary foreign workers and the work visa system, which leads to a continuation of exploitation, mistreatment, discrimination, forced labour and the servitude of foreign labour in Saudi Arabia.
41
Louw, Danielle. "Investigating South Africa's protection of refugee womxn: Refugee womxn's access to housing, inclusion into the labour market and protection from gender-based violence." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32774.
Full textAbstract:
This paper investigates the integration experience of refugee womxn in South Africa. It focuses on the areas of access to housing, employment and protection from gender-based violence. Through a human rights approach, influenced by intersectional feminist theory, it analyses the international normative and South African domestic framework and discusses its gaps and challenges. Thereafter, an overview of the experience of refugee womxn's access to housing, employment and protection from gender-based violence internationally and in South Africa is presented. Lastly, recommendations are made to the South African state suggesting reform in law, policy and practice.
42
Serfontein, Erika Mariane. "Educators employed by school governing bodies : what are their labour rights and obligations? / Erika Mariane Joubert-Serfontein." Thesis, North-West University, 2005. http://hdl.handle.net/10394/2448.
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Toyama, Miyagusuku Jorge, and La Rosa Juan Carlos Girao. "Labour GPS: The Employer’s Right of Control regarding New Information Technologies." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/123176.
Full textAbstract:
The authors analyze the exercise of the power of controlregarding new technologies of information. Particularly, the use of GPs Tracking as a tool that the employer relies on to verify that workers fulfill their work. Firstly, the authors explain how these technologies are used at workplaces and their lack of regulation in Peruvian Law. Then, they explain the conditions necessary for not violating the workers’fundamental rights when using this tool. Finally, they discuss the case law and precedents, as well as cases seen by theNational Labour Authority.Los autores analizan el ejercicio de la facultad de fiscalización a partir de las nuevas tecnologías de la información. en concreto, al uso del GPS como herramienta de la que se vale el empleador para cerciorarse que el trabajador cumple con sus labores. en primer lugar, se hace una explicación sobre el uso de estas tecnologías en el ámbito laboral y su falta de previsión por la normativa peruana. A continuación, explican las condiciones necesarias para que el ejercicio del GPS no vulnere los derechos fundamentales del trabajador. Finalmente, se analiza las decisiones y precedentes en la jurisprudencia, así como los casos vistos por la Superintendencia Nacional de Fiscalización Laboral.
44
Bodson, Thibaud [Verfasser]. "Economic Globalisation and States’ Regulatory Space : The Protection of Labour Rights in EU Free Trade Agreements / Thibaud Bodson." Berlin : Freie Universität Berlin, 2021. http://d-nb.info/1226154565/34.
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Peacock, Claire. "Symbolic regulation : human rights provisions in preferential trade agreements." Thesis, University of Oxford, 2018. http://ora.ox.ac.uk/objects/uuid:75c35b2d-c40e-4366-a7d0-188615137ccc.
Full textAbstract:
While the multilateral trading system views human and labour rights issues as outside of its remit, states increasingly incorporate regulation in these areas into their bilateral reciprocal preferential trade agreements, "HR-PTAs. This dissertation investigates the emergence of HR-PTAs, testing alternative explanations derived from conventional "public interest" and "private interest" theories of regulation against a new theory of "symbolic regulation." According to the public interest theory of regulation, regulation is motivated by benevolent legislators' commitment to correcting market or social problems. The private interest theory of regulation instead views regulation as the result of private interest groups capturing the regulatory apparatus in order to regulate in their own self-interest. Unlike its counterparts, the symbolic theory of regulation suggests that regulation may also be created for the primary purpose of reassuring regulatory advocates that their demands have been heard, rather than to regulate a given issue area. This dissertation argues that for the states behind them, HR-PTAs are primarily a symbolic form of regulation. Legislators create HR-PTAs to appease domestic human and labour rights organizations, while defending their trade interests through the non-enforcement of their provisions. Using longitudinal network analysis to analyse original data from 415 preferential trade agreements in force from 1989 to 2009, paired with case study evidence from the EU, US, and Canada, this dissertation finds support for the symbolic regulation explanation of HR-PTAs. It shows that a state's commitment to HR-PTAs depends less on the public interest or the desires of private interest groups than on its need to accommodate human and labour rights advocates. Symbolic regulation however should not be dismissed. It sets precedents, creates policy space, facilitates softer forms of cooperation, and can fuel political accountability politics. When this occurs, states may use HR-PTAs or other forms of symbolic regulation to achieve their seeming purpose.
46
Rask, Evelina. "Discourse Democracy and Labour Relations : A case study of social dialogue and the socio-economic situation of informal workers in Gujarat, India." Thesis, Uppsala universitet, Teologiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-351666.
Full textAbstract:
This thesis firstly explores the process and effects of social dialogue in the context of informal home-based workers in Gujarat, India, and secondly the applicability of Dryzek’s theory of discourse democracy on this case study. In doing this, the study investigates the potential of social dialogue and discourse democracy to work as instruments for improving the social and economic situation of the workers. The case study consists of how the organisation and trade union Self Employed Women’s Association (SEWA) communicate with influential actors in order to improve the social and economic situation of the informal home-based workers. The material is gathered through interviews with four organisers at SEWA, and observations made when visiting three areas of home-based workers. The empirical results are presented in a chapter demonstrating the process of social dialogue and its effect on the workers situation in this particular context. The second part of the results is a discussion where the theoretical framework, consisting of Dryzek’s discourse democracy and the critique of Habermas’s deliberative democracy that structure his theory, and the empirical findings are scrutinised in relation to each other; by discussing traits of the theories in connection to the case study. The thesis concludes that there are similarities between social dialogue in this case and the theory of discourse democracy, but the theory cannot wholly be used to conceptualise social dialogue. It demonstrated the importance of the communicative decision-making to admit a wide variety of kinds of communication and to involve an active civil society with support in the constitutional framework for improving the social and economic situation of the workers. However, it also indicates that other practices than communicative ones are necessary in this struggle.
47
Gondiwe, Sokolani Bongororo John. "The legal protection of people with disabilities in South African Labour Law." Thesis, University of Limopopo (Turfloop Campus), 2010. http://hdl.handle.net/10386/511.
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Söderlund, Erik. "Transnational Corporations and Human Rights : Assessing the position of TNCs within international human rights law, and the appropriateness of an international treaty on business and human rights." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363144.
Full textAbstract:
Transnational corporations are playing an important role in the global economy of today. Many of these corporations have great economic resources and have the possibility of contributing to the development of societies in developing states. At the same time, in their search for profit, the activities of TNCs have proven fatal to some of the individuals employed by them, or otherwise in contact with their activities. Within the international legal framework, corporations are not traditionally treated as subjects and if a TNC allocates its production to a state with lax human rights protection, no binding international standards exist to regulate the conduct of the corporation. In my thesis I will assess the position of TNCs under the present core human rights instruments and soft law initiatives. I will also analyze a draft treaty text produced by the Intergovernmental Working Group on Business and Human Rights, released in July 2018, to reach a conclusion on whether such an instrument would affect the international legal status of TNCs and provide a more robust protection of international human rights.
49
Mentor, Nigel M. "Transformative provisions of the Convention on the Rights of Persons with Disabilities : International Labour Organisation conventions and South African law relating to an employee with an acquired disability returning to work." Universityof the Western Cape, 2015. http://hdl.handle.net/11394/5353.
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Rutherford, Raché. "A creativity development model to enhance educator security : a labour law perspective / Raché M. Rutherford." Thesis, North-West University, 2009. http://hdl.handle.net/10394/3144.
Full textAbstract:
World-wide research has shown that educators are suffering physical as well as psychological symptoms because of their experiences in their school environment. A large body of legislation, including the Bill of Rights, general and education legislation protect the rights of educators to working conditions which are safe and healthy. It seems clear from the literature that protecting the security of the educator implies the inclusion of psychological security. One of the aims of this research was to establish to what extent legislation succeeds in protecting the psychological security of educators at school. The study showed that although a large body of legislation exists, a lacuna exists in the application of this legislation. Furthermore, the research showed that educators are not experiencing this protection in actuality, are suffering several stress symptoms and are generally not aware of the rights which should protect them. The findings revealed that learner discipline and work overload were experienced as the main causes of psychological insecurity for participating educators.
During the research it was investigated whether the development of creative skills could enhance the ability of educators to cope with the psychological insecurities in their workplace. Further aims of the study were to design a theoretical creativity development model and to determine the characteristics of an effective programme to enhance workplace psychological security in education. The literature and findings revealed that creativity programmes which could inter alia enhance attitude and general health should include aspects such as problem solving processes, the development of positive attitudes and the enhancement of the psychological work environment. The study also includes the design of a creativity programme which can be applied in the participating and similar schools in order to develop creativity skills which may be able to assist educators to cope more effectively in their work environment.Thesis (Ph.D. (Education))--North-West University, Potchefstroom Campus, 2009.