Journal articles: 'Precarious rights'

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Ferreri, Alba. "Human Rights and Democracy. The Precarious Rights of Ideals." Europe-Asia Studies 67, no. 1 (January 2, 2015): 158–60. http://dx.doi.org/10.1080/09668136.2014.986954.

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Holiday, David. "Guatemala's Precarious Peace." Current History 99, no. 634 (February 1, 2000): 78–84. http://dx.doi.org/10.1525/curh.2000.99.634.78.

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The Guatemalan peace process will ultimately be considered successful if it contributes to reconciliation among the many participants in the armed conflict… . While international human rights norms and institutions clearly support uncovering the truth about Guatemala's bloody past, such inquiries call nto question the fundamental structures of military, political, and economic power in Guatemala.

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Yun, Ae Lim. "Demanding Basic Labour Rights for Precarious Workers." Sogang Law Journal 1, no. 2 (August 31, 2012): 113–29. http://dx.doi.org/10.35505/slj.2012.08.1.2.113.

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Shichkin, I. "The Present State, Scope and Priorities in Reducing Precarious Employment of Labour Migrants in Russia." Living Standards of the Population in the Regions of Russia 14, no. 3 (October 8, 2018): 38–44. http://dx.doi.org/10.19181/1999-9836-2018-10026.

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The Object of the Study. Precarious employment among labour migrants in Russia.Subject of the Study. The present state and scope of precarious employment in Russia, as well as socio-economic measures to enhance labour rights protection and social benefits for foreign citizens.The Main Provisions of the Study. The author studies the current migration situation in Russia in the context of labour mobility. Legal status of foreign citizens and stateless persons in Russia are considered. An estimate of the number of labour migrants engaged to precarious employment as well as their future prospects are analyzed. Priority measures for reducing precarious employment of migrant workers in Russia are given.Purpose. Evaluation of the scale and prospects of precarious employment among labour migrants in Russia in order to develop the primary measures for increasing protection of their labour rights and social guarantees.

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Simola, Anna. "Lost in Administration: (Re)Producing Precarious Citizenship for Young University-Educated Intra-EU Migrants in Brussels." Work, Employment and Society 32, no. 3 (June 2018): 458–74. http://dx.doi.org/10.1177/0950017018755653.

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The mounting backlash against intra-EU migration in various EU countries has triggered national policies seeking to restrict EU citizens’ social rights and freedom of movement. Building on and expanding Noora Lori’s work around this concept, the article examines intra-EU migrants’ increasingly unsettled legal statuses as potentially precarious citizenship. Focusing on the experiences of young university-educated intra-EU migrants in Brussels, the article claims that, in the absence of straightforward EU legislation and explicit government policies, administrative actors use their discretion to draw indeterminate boundaries enforcing conditionality and temporariness of status for EU citizens in precarious work arrangements, therefore often increasing the pressure on them to take further precarious jobs. The article argues that, under the conditions of precarious employment, not even migrants with privileged access to citizenship rights are protected from processes of boundary enforcement that institutionalise the ambiguity of statuses and produce precarious citizenship.

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Marshall, Sarah. "Human rights-based conceptions of deservingness: health and precarity." International Journal of Migration, Health and Social Care 16, no. 3 (July 4, 2020): 279–92. http://dx.doi.org/10.1108/ijmhsc-07-2019-0071.

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Purpose Ideas of health-related deservingness in theory and practise have largely been attached to humanitarian notions of compassion and care for vulnerable persons, in contrast to rights-based approaches involving a moral-legal obligation to care based on universal citizenship principles. This paper aims to provide an alternative to these frames, seeking to explore ideas of a human rights-based deservingness framework to understand health care access and entitlement amongst precarious status persons in Canada. Design/methodology/approach Drawing from theoretical conceptualizations of deservingness, this paper aims to bring deservingness frameworks into the language of human rights discourses as these ideas relate to inequalities based on noncitizenship. Findings Deservingness frameworks have been used in public discourses to both perpetuate and diminish health-related inequalities around access and entitlement. Although, movements based on human rights have the potential to be co-opted and used to re-frame precarious status migrants as “undeserving”, movements driven by frames of human rights-based deservingness can subvert these dominant, negative discourses. Originality/value To date, deservingness theory has primarily been used to speak to issues relating to deservingness to welfare services. In relation to deservingness and precarious status migrants, much of the literature focuses on humanitarian notions of the “deserving” migrant. Health-related deservingness based on human rights has been under-theorized in the literature and the authors can learn from activist movements, precarious status migrants and health care providers that have taken on this approach to mobilize for rights based on being “human”.

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Jaydarifard, S., S. Smith, D. Mann, K. Rossa, M. Huda, E. Nikooharf Salehi, and S. Shekari Soleimanloo. "P058 The mediating effect of sleep on the relationship between precarious employment and mental health." SLEEP Advances 3, Supplement_1 (October 1, 2022): A49—A50. http://dx.doi.org/10.1093/sleepadvances/zpac029.131.

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Abstract Introduction Precarious work is characterised with high job insecurity, low income, and reduced rights and social protections. Current evidence suggests that precarious work is a risk factor for poor mental health. The relationship between these factors, and especially the contributing role of sleep may play in poor outcomes from precarious work, is unknown. This study investigated the mediating effects of sleep quality and duration on the relationship between precarious employment and poor mental health. Methods Data were obtained from the Household, Income and Labour Dynamics in Australia (HILDA) survey (2017). A novel precarious employment score (PES) was developed capturing precarity across the following dimensions: Employment insecurity, level of income, and rights and social protections. Self-reported sleep quality and 24-hour sleep duration were included as mediators. Mediation analyses were conducted to evaluate the mediating effect of sleep duration and sleep quality on the relationship between precarious employment and mental health (SF-36 mental health subscale), after controlling for several covariates. Results The PES identified 1446 (female, n=839) workers in precarious and 7922 (female, n=3949) non-precarious employees out of 9368. There was no significant direct association between precarious employment and mental health (P=.53). We observed no significant changes due to sleep quality in the association between precarious employment and mental health (Coefficient=-0.003, 95% CI -0.01-0.00, P=0.32). However, this association was significant when considering sleep duration (Coefficient=0.34, 95% CI 0.25-0.43, P<0.001). Discussion Encouraging precarious employees to prioritise and promote sleep appropriately may promote well-being. Further objective measurement of sleep is warranted in this group.

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Matilla-Santander, Nuria, Cristina Lidón-Moyano, Adrián González-Marrón, Kailey Bunch, Juan Carlos Martín-Sánchez, and Jose M. Martínez-Sánchez. "Measuring precarious employment in Europe 8 years into the global crisis." Journal of Public Health 41, no. 2 (July 9, 2018): 259–67. http://dx.doi.org/10.1093/pubmed/fdy114.

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AbstractBackgroundThe objective of this study is to describe the prevalence of precarious employment in the European Union (EU) using a multidimensional approach, 8 years into the economic crisis (2014).MethodsWe use data from the Flash Eurobarometer 398 among salaried workers (n = 7702). We calculated the proportion and its 95% confidence intervals (CI 95%) for each of the precarious employment dimensions (not having the ability to exercise rights, vulnerability, disempowerment and temporariness), the prevalence of precarious employment (presenting at least one dimension) and the proportion of workers presenting one, two, three or four dimensions.ResultsTwo out of three workers had a precarious employment. The prevalence of precariousness was higher in Eastern (72.64%; CI 95%: 61.78; 81.34) than in Nordic European countries (51.17%; CI 95%: 44.30; 58.00). The most prevalent dimension was not having the ability to exercise rights (42.39%).ConclusionsPrecarious employment is an important social determinant of health. Therefore, the EU policy-makers should take into consideration the new forms of employment and legislate accordingly.

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Andrade Huaringa, Elizabeth, Camila Cociña, and Ana Sugranyes. "Exercising rights from below: Housing, gender, migration and the right to the city from Antofagasta, Chile." Radical Housing Journal 5, no. 1 (July 21, 2023): 281–91. http://dx.doi.org/10.54825/rqjh3553.

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Elizabeth Andrade Huaringa is a woman, migrant, activist, and housing leader of the informal settlement of Los Arenales in Antofagasta, on the coastal edge of the Atacama Desert, Chile. In 2022, she was awarded the National Human Rights Award precisely because of her work on social rights, women’s rights, migrants’ rights, and above all, her work on the right to housing and to the city. In this Conversation with Camila and Ana, Eli reflects on her personal and collective history, on the construction of the right to housing and the city from precarious, popular or informal settlements, on the organisation of women in the context of crisis and violence, and on the progress and expansion of human rights from their everyday exercise.

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Bednarowicz, Bartłomiej. "The tale of transparent and predictable working conditions intertwined with work-life balance: Assessing the impact of the new social policy directives on decent working conditions and social protection." European Journal of Social Security 22, no. 4 (November 11, 2020): 421–33. http://dx.doi.org/10.1177/1388262720968575.

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Precarious employment is often associated with job insecurity and limited corollary entitlements to income support. More specifically, what makes the jobs precarious are factors such as in-work poverty and low pay, insufficient labour law and social security protection, high levels of stress and health problems, limited career development and training options or low levels of collective rights. Precarious workers engaged in atypical forms of employment such as casual work, zero-hours contracts or platform-mediated work are particularly prone to experiencing precarious working conditions and often consequently, in-work poverty and thus social exclusion. A question therefore emerges as to the adequate response at EU level to combat precarious employment and provide for decent jobs with fair working conditions including protection against discrimination and also access to adequate social protection. Against this background, this article takes stock of the two first legally binding roll-out initiatives from the European Pillar of Social Rights (EPSR), namely Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union and Directive (EU) 2019/1158 on work-life balance for parents and carers, to assess their impact on decent working and employment conditions, and social protection, while also exploring in greater detail their coverage and potential limitations.

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Bobkov, V. N. "Characteristics of Instability of Standard and Non-standard Employment in Contemporary Russia." World of new economy 12, no. 3 (June 3, 2019): 128–39. http://dx.doi.org/10.26794/2220-6469-2018-12-3-128-139.

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Precarious employment is becoming more and more widespread in the world and inRussia. It is the destruction of the traditional standard model of employment, labour and social rights of workers to secure and sustainable employment. This is one of the problematic areas of modern social relations, exacerbated by the industrial revolution 4.0, globalization of global relations in all areas and their use in the interests of national and world capital. In the article, the author characterizes the essence of precarious employment and presents the results of a sociological study of precarious employment in a representative group. It allowed expanding the sociological tools of its study and the use of sociological indicators to identify groups of workers in relation to precarious employment. The author also studied the parameters of the specified representative group, clarified the indicators of precarious employment and their quantitative values that identify certain aspects. As a result, the author identified four profiles of contemporary employment inRussia, characterized by increasing signs of precarious employment and gave their comparative characteristics. Further, the author described the differences in socio-demographic, socio-labour and economic characteristics of workers belonging to different profiles of employment. On this basis, the author justified the need to transform labour, civil and other legislation, which would allow more fully using the advantages of standard and ﬂexible employment for employees of various segments of the Russian labour market, ensuring, at the same time, compliance with their labour and social rights.

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Caffentzis, George. "“Workers' Rights are Human Rights”: The Scope and Limits of a Precarious Wageworker's Strategy." WorkingUSA 19, no. 1 (March 2016): 25–36. http://dx.doi.org/10.1111/wusa.12225.

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Marsden, Sarah. "The New Precariousness: Temporary Migrants and the Law in Canada." Canadian journal of law and society 27, no. 2 (August 2012): 209–29. http://dx.doi.org/10.3138/cjls.27.2.209.

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AbstractIn this article, I argue that precarious migration status can be used as an organizing concept for an analysis of (im)migration law in Canada. After situating the regulation of precarious migrants in the historical context of the liberal/neo-liberal shift of the 1970s, I argue that the increase in migrant precariousness over the past few years is likely to increase as a result of recent legislative changes in both refugee and migrant-worker law. Finally, I offer a critique of the traditional liberal argument for migrant rights, inviting an alternative approach to establish migrant rights on the basis of economic participation.

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Neimark, Benjamin D., and Saskia Vermeylen. "A Human Right to Science?: Precarious Labor and Basic Rights in Science and Bioprospecting." Annals of the American Association of Geographers 107, no. 1 (September 30, 2016): 167–82. http://dx.doi.org/10.1080/24694452.2016.1218749.

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Ndzi, Ernestine. "UK company law and precarious employment contracts." International Journal of Law and Management 59, no. 4 (July 10, 2017): 571–83. http://dx.doi.org/10.1108/ijlma-04-2016-0043.

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PurposeThis paper aim to examine the implication of section 172(1)(b) on employment rights, particularly on workers on precarious employment contracts. The aim of the paper is to analyse whether company directors have any liability for potential abuse of worker on precarious employment contracts. The paper examine the advantage of companies recruiting staff on precarious employment contracts and the effect of such contract on the worker. Design/methodology/approachThe paper reviews case law, statutory provisions and academic opinions on precarious employment contracts and its advantages and disadvantages to the company and the worker. The paper critically reviews the impact of Section 172(1)(b) of the Companies Act 2006 on precarious employment contract workers. FindingsThe paper argues that companies benefit more from precarious employment contracts than workers do. The Companies Act 2006 is silent on whether directors should factor the interest of precarious employment worker when making company decision, thereby leaving these workers in a vulnerable position and at the mercy of the employers. Originality/valueThe paper offers a different argument about why the use of precarious employment contracts is on the rise in the UK. It highlights the silence of the Companies Act 2006 as a driver for the increase in the use of precarious employment contracts in the UK.

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Faue, Elizabeth, and Josiah Rector. "The Precarious Work of Care." Labor 17, no. 4 (December 1, 2020): 9–33. http://dx.doi.org/10.1215/15476715-8643460.

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This article examines a series of Service Employees’ International Union (SEIU) campaigns for protection from needlestick injuries, led by women health-care workers, from the dawn of the HIV/AIDS epidemic in the 1980s through battles over the 1992 OSHA standard on blood-borne pathogens and the Needlestick Safety and Prevention Act of 2000. We argue that these campaigns developed in response to the growing physical precarity of women health-care workers in the era of “managed care,” caused by the intensification and flexibilization of health-care labor and the deregulation and underfunding of OSHA and the CDC. We show how women workers challenged employers, OSHA, and elected federal officials to address workplace health hazards, through unions like SEIU and women’s, gay rights, and public health organizations. More broadly, we argue that the occupational hazards of health-care workers are a crucial but underexplored facet of workplace studies and the history of women workers in the late twentieth and early twenty-first centuries.

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Julià, Mireia, Fabrizio Méndez-Rivero, Álex Gómez-Gómez, Óscar J. Pozo, and Mireia Bolíbar. "Association between Precarious Employment and Chronic Stress: Effect of Gender, Stress Measurement and Precariousness Dimensions—A Cross-Sectional Study." International Journal of Environmental Research and Public Health 19, no. 15 (July 26, 2022): 9099. http://dx.doi.org/10.3390/ijerph19159099.

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Precarious employment has been highlighted as a social determinant of health, given, among others, to its alleged association with chronic stress. However, few studies have been conducted analyzing such association, using both perceived stress indicators and biological markers. Accordingly, the present study analyzed the association of multidimensional (6 dimensions) precarious employment scale with perceived stress and 23 markers of adrenal and gonadal hormone production, including cortisol. The sample consisted of 255 salaried workers from Barcelona (125 men, 130 women) aged 25–60. OLS regression models stratified by sex were conducted. Results demonstrated that precarious employment increased the probabilities of having perceived stress in both sexes. In addition, the production of adrenal hormones among men is associated with precarious wages and among women with precarious contracts (“Temporariness”, “Disempowerment”, and “Rights” dimensions). Therefore, precarious employment could be embodied by workers, altering their perceived well-being and physiological characteristics. Differences between men and women in the physiological effect of precarious employment could express not just the biochemical differences inherent to biological sex, but also the social construction of gender identities, positions and roles in society and family, as well as gender inequalities in the labour market.

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Joronen, Mikko. "Spaces of waiting: Politics of precarious recognition in the occupied West Bank." Environment and Planning D: Society and Space 35, no. 6 (May 9, 2017): 994–1011. http://dx.doi.org/10.1177/0263775817708789.

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This paper is an attempt to explicate a peculiar logic of government Israeli state apparatuses use to control the Palestinian population and colonize the West Bank; namely, the one of slowness, delay and waiting. To understand the operational logic of such governing, I suggest the conditions of recognizing Palestinian rights, their theatric performance by the Israeli state apparatuses, and the maintaining of precarity among Palestinians are the critical aspects to expand. By looking at the West Bank sites close to expanding Israeli settlements, I show how this mode of governing operates by recognizing the Palestinian right to claim justice, security and governance without actualization of these rights, therefore directing Palestinian resistance and sense of injustice to support the theatric functions of settler colonial state. Hence, theaters of recognition are created, the ones that ceremoniously keep administrative, legal and security processes functional, but through the slow processing, stalling and endless piling up of decisions, regulations, requirements and security exceptions do not alleviate the induced precarities.

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Bodin, Theo, Nuria Matilla-Santander, Jenny Selander, Per Gustavsson, Tomas Hemmingsson, Gun Johansson, Johanna Jonsson, et al. "Trends in Precarious Employment in Sweden 1992–2017: A Social Determinant of Health." International Journal of Environmental Research and Public Health 19, no. 19 (October 6, 2022): 12797. http://dx.doi.org/10.3390/ijerph191912797.

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The aim of this study was to identify trends in precarious employment in the Swedish workforce from 1992 to 2017. This is a repeated cross-sectional study, analyzing the total working population aged 16–75 in Sweden at five-year intervals. We used version 2.0 of the Swedish Register-based Operationalization of Precarious Employment, covering the following dimensions: employment insecurity, income inadequacy, lack of rights and protection. The proportion in precarious employment increased from 9.7 to 12% between 1992 and 2017, a relative increase of 24%. The prevalence was higher among those of lower age, of low education, and immigrants. Differences between sexes converged, and there were slightly more precarious men than women in 2017. The relative increase was most pronounced among men, especially those with low educational attainment and of European origin. The increasing proportion of precarious employees is a clear challenge to the tripartite Nordic model, which requires sufficient trade-union bargaining power.

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Hodge, James G., Jennifer L. Piatt, Leila Barraza, and Erica N. White. "Regressive Federalism, Rights Reversals, and the Public’s Health." Journal of Law, Medicine & Ethics 50, no. 2 (2022): 375–79. http://dx.doi.org/10.1017/jme.2022.65.

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AbstractAs the United States emerges from the worst public health threat it has ever experienced, the Supreme Court is poised to reconsider constitutional principles from bygone eras. Judicial proposals to roll back rights under a federalism infrastructure grounded in states’ interests threaten the nation’s legal fabric at a precarious time. This column explores judicial shifts in 3 key public health contexts — reproductive rights, vaccinations, and national security — and their repercussions.

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Killingsworth, Matt. "Book Review: Human Rights and Democracy: The Precarious Triumph of Ideals." Political Science 66, no. 2 (December 2014): 175–76. http://dx.doi.org/10.1177/0032318714556933.

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Kramer, Mark. "Out of Communism: Reforming the Russian Legal System." Current History 102, no. 666 (October 1, 2003): 327–32. http://dx.doi.org/10.1525/curh.2003.102.666.327.

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Weinstein, Liza, and Xuefei Ren. "The Changing Right to the City: Urban Renewal and Housing Rights in Globalizing Shanghai and Mumbai." City & Community 8, no. 4 (December 2009): 407–32. http://dx.doi.org/10.1111/j.1540-6040.2009.01300.x.

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This article examines the changing housing rights regimes amidst the urban renewal currently underway in Shanghai and Mumbai. We examine the policies and regulations that govern residential security and housing tenure, the alteration of policy implementations by electoral and extra–electoral contestations, and the opportunities and strategies for housing activism in each context. We find that political contestations have enabled the construction of a more protective, although precarious, regime in Mumbai than in Shanghai. Despite striking differences, in both contexts housing rights regimes have produced fragmented urban citizenship rights by distributing protections unevenly and inconsistently to urban residents. Finally, although the forms of housing activism differ, residents and civil society groups in both Shanghai and Mumbai employ a variety of strategies in their resistance against demolitions and urban renewal. in the process, they become active urban citizens by articulating their rights to housing and by making new claims to the city.

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Wang, Ming Sheng, and Ching-Hsuan Lin. "Barriers to Health and Social Services for Unaccounted-For Female Migrant Workers and Their Undocumented Children with Precarious Status in Taiwan: An Exploratory Study of Stakeholder Perspectives." International Journal of Environmental Research and Public Health 20, no. 2 (January 5, 2023): 956. http://dx.doi.org/10.3390/ijerph20020956.

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Unaccounted-for migrant workers (UMWs), who have left their employment placement and whose whereabouts are unknown, make up a vulnerable population in Taiwan. The children of UMWs have a particularly precarious status because they are undocumented/stateless, immigrant, and young. Living with this precarious status limits their children’s rights to survival and development. Moreover, services for female UMWs and their undocumented children are underdeveloped. This study explores the accessibility and availability of social services for UMWs and undocumented children, based on interviews with 12 stakeholders from multiple systems, including a local government, a child welfare placement center, a migrant worker detention center, a hospital, a regional religious center, and a foreign country office. Preliminary findings indicate the following: First, UMWs’ rights to healthcare are not preserved, and they experience greater prenatal risks because their illegal status excludes them from universal health coverage. Second, undocumented children’s rights to survival and development are concerning because these children can be placed in residential care without individualized care or environmental stimulation. Third, children’s rights to cultural identity and permanency are uncertain in that repatriation or adoption does not guarantee their future best interests.

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Bobkov, V. N., E. V. Odintsovа, and V. I. Ryazantsev. "PRECARIZATION OF EMPLOYMENT AND ITS FEATURES IN GENERATIONAL GROUPS OF EMPLOYEES IN THE ASSESSMENTS OF TRADE UNION EXPERTS." Social & labor researches 50, no. 1 (2023): 31–40. http://dx.doi.org/10.34022/2658-3712-2023-50-1-31-40.

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The object of the study is precarious employment. The purpose of the paper is to clarify the theoretical, methodological, and practical aspects of the problems of precarious employment on the basis of expert assessments of specialists, whose focus is on the protection of social and labor rights and interests of employees. The study is based on an expert survey conducted by the authors in 2022 among experts representing member organizations of the Federation of Independent Trade Unions of Russia. The results of the study based on the generalization of expert assessments: 1) the indicators for the identification of precarious employment were clarified and their list was determined, fixing objective (type of registration and employment conditions) and subjective (through self-assessments of employees) manifestations; 2) the level of income of the main employment was determined, which indicates precarious employment and the risks of instability of the financial situation of employees’ households (differentiated by types of employees’ households); 3) the concentration of manifestations of precarization of employment in its various forms was revealed; 4) the features of precarization of employment in different generational groups of employees - youth (under 35 years), middle-aged (from 36 years to retirement age) and older (retirement age) generations were highlighted; 5) the opinions of experts and arguments on the issues of social insurance of employed in the economy of individuals with high risks of precarization of employment are identified. The results of the study may be in demand by the research community, executive and legislative authorities, and trade unions. The scope of application of the results is the development of theoretical, methodological, and instrumental foundations for identifying precarious employment, improving employment policy, remuneration, and social protection to improve employment quality and ensure employee guarantees and rights.

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Bordas Martínez, Julio, and Francisco Javier Pinilla García. "¿Trabajo decente o trabajo indecente?" Tendencias Sociales. Revista de Sociología, no. 5 (June 19, 2020): 80. http://dx.doi.org/10.5944/ts.5.2020.27749.

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El trabajo decente, tal como lo define la OIT, es una forma digna de trabajar en un contexto de políticas de generación de empleo, con la capacidad de exigir judicialmente los derechos de los trabajadores, en el marco de una política institucional de protección social y con el reconocimiento de una negociación colectiva autonormativa consolidada. A estos cuatro objetivos tradicionales debemos sumar el objetivo transversal de la igualdad de género. El desempleo, el subempleo y el empleo precario, en el marco de la ideología de la flexiseguridad, configuran el caldo de cultivo del empleo indecente o empleo precario.Decent work, as defined by the ILO, is a worthy way of working, in a context of employment generation policies, with the capacity to legally demand the rights of workers, within the framework of an institutional policy of social protection and with the recognition of a consolidated autonomous collective bargaining. To these four traditional objectives we must add the transversal objective of gender equality. Unemployment, underemployment and precarious employment, within the framework of the ideology of flexicurity, are the breeding grounds of indecent employment or precarious employment.

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Yun, Aelim. "Reconstructing Labour Law Actors beyond Employment." International Journal of Comparative Labour Law and Industrial Relations 34, Issue 4 (December 1, 2018): 435–56. http://dx.doi.org/10.54648/ijcl2018020.

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This article argues that the nature of precarious work can be grasped as the disintegration of the employment relationship which was a historical compromise concerning the distribution of cost and risks between capital and labour, in particular, along Fordist corporate boundaries, while analysing how the formal-and-informal division of labour has changed, corresponding to the change of power relations between labour and capital, focusing on Korean cases. Many legal systems fail to identify who should take responsibility for workers’ rights, by viewing individual corporate entities separately. However, labour law actors – the ‘worker’ and the ‘employer’- should be identified not in a single workplace but with reference to the whole value chain and labour market. In conclusion, it is argued that it is essential to enlarge collective labour rights, and in particular, to secure freedom of association for precarious workers beyondemployment boundaries.

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Hlatshwayo, Mondli. "The Trials and Tribulations of Zimbabwean Precarious Women Workers in Johannesburg: A Cry for Help?" Qualitative Sociology Review 15, no. 1 (May 23, 2019): 62–85. http://dx.doi.org/10.18778/1733-8077.15.1.03.

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There is a growing literature on the conditions of Zimbabwean women working as migrant workers in South Africa, specifically in cities like Johannesburg. Based on in-depth interviews and documentary analysis, this empirical research paper contributes to scholarship examining the conditions of migrant women workers from Zimbabwe employed as precarious workers in Johannesburg by zooming in on specific causes of migration to Johannesburg, the journey undertaken by the migrant women to Johannesburg, challenges of documentation, use of networks to survive in Johannesburg, employment of the women in precarious work, and challenges in the workplace. Rape and sexual violence are threats that face the women interviewed during migration to Johannesburg and even when in Johannesburg. The police who are supposed to uphold and protect the law are often found to be perpetrators involved in various forms of violence against women. In the workplace, the women earn starvation wages and work under poor working conditions. Human rights organizations and trade unions are unable to reach the many migrant women because of the sheer volume of violations against workers’ rights and human rights.

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Da Costa, Yuri Nascimento Paes, and Carlos Henrique Magalhães De Lima. "National Housing Policies and Gender Issues: Reflections on Argentina’s ‘Habitar en Igualdad’ Program." Advances in Social Sciences Research Journal 11, no. 2 (February 20, 2024): 166–81. http://dx.doi.org/10.14738/assrj.112.16500.

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Social rights are not easily given as they are built through processes of struggle, mostly led by organized collectives and social movements in situations of vulnerability or imminent loss of rights and lives. The right to housing is included in this category of social rights that needed to be achieved based on demands, especially in Latin America. This article aims to reflect on public policies and gender issues in Argentina, based on the analysis of the interministerial program ‘Habitar en Igualdad’. To this end, we base our discussions on Cortés, Montaner and Muxí, Rolnik, Kern, and on Judith Butler’s debates about body controls and the precarious lives of the LGBTQIA+ population. The methodology adopted was descriptive, according to Serra and to Gil. As a result, we found a difficulty in continuing public policies dedicated to the LGBTQIA+ population, as well as an erasure of this population group in housing policies, in the face of constant harassment from neoliberal and far-right governments. Therefore, publicizing and encouraging recent inclusive experiences of sexual dissent can be a further step in promoting social rights.

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Hurst, Mark. "A Precarious Equilibrium: Human Rights and Détente in Jimmy Carter’s Soviet Policy." Diplomacy & Statecraft 32, no. 1 (January 2, 2021): 212–14. http://dx.doi.org/10.1080/09592296.2021.1883873.

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Takács, Nikolett. "The threefold concept of the best interests of the child in the immigration case law of the ECtHR." Hungarian Journal of Legal Studies 62, no. 1 (March 21, 2022): 96–114. http://dx.doi.org/10.1556/2052.2021.00317.

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Abstract The ‘best interests of the child’ is a unique and broad principle of the United Nations Convention on the Rights of the Child and is frequently referred to by international courts. The European Court of Human Rights is nor an exception. This article examines which aspect(s) of the ‘best interests’ concept appears in the immigration case law of the Court and how it can provide protection for migrant children in precarious situations.

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Labor Rights, Intern. "Report on Intern Rights Advocacy in 2013-2014." tripleC: Communication, Capitalism & Critique. Open Access Journal for a Global Sustainable Information Society 13, no. 2 (September 30, 2015): 567–78. http://dx.doi.org/10.31269/triplec.v13i2.688.

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2013-2014 was a milestone for intern rights, with significant accomplishments in the fight to have interns recognized as employees with rights to both pay and workplace protections reviews activist efforts to bring an end to the precarious position of unpaid and underpaid interns in the United States, from the work of the advocacy group Intern Labor Rights and other organizations, to efforts on the judicial and legislative levels. We highlight the movement’s accomplishments in 2013-14 and look forward to the goals it hopes to attain in the near future, all the while contextualizing this is- sue within the larger framework of national labour and wage movements.

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Branco, Pedro Mendonça Castelo, and Sidney Jard da Silva. "Precarious but organized: the resistance strategy of uberized workers." Cadernos Metrópole 26, no. 59 (January 2024): 123–42. http://dx.doi.org/10.1590/2236-9996.2024-5906.e.

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Abstract Uberization of work is one more step in the process of unconfiguring the social pacts formed in the Fordist period. The strategy of building “partners” makes it possible to externalize fixed capital costs to a multitude of precarious workers and exempt companies from responsibility for guaranteeing labor rights and occupational safety. This process is driven by large transnational companies that operate beyond national limitations and accumulate on a global scale, in this new territory of labor exploitation. In this article, we present initiatives for the organization of uberized workers based on international and national experiences, in light of the concept of social movement unionism.

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Mesgar, Mahsa, and Diego Ramirez-Lovering. "Informal Land Rights and Infrastructure Retrofit: A Typology of Land Rights in Informal Settlements." Land 10, no. 3 (March 7, 2021): 273. http://dx.doi.org/10.3390/land10030273.

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Informal settlements represent a challenging operational context for local government service providers due to precarious contextual conditions. Location choice and land procurement for public infrastructure raise the complicated question: who has the right to occupy, control, and use a piece of land in informal settlements? There is currently a dearth of intelligence on how to identify well-located land for public infrastructure, spatially and with careful consideration for safeguarding the claimed rights and preventing conflicts. Drawing on a case study of green infrastructure retrofit in seven informal settlements in Makassar, Indonesia, we classify the informal settlers’ land rights into four types: ownership, use, control, and management. This exploratory study uses a typological approach to investigate the spatial dimension of land rights in informal settlements. We introduce non-registrable land interests and the partial, dynamic, and informal land use rights that impact the land procurement for infrastructure retrofit. We also create a simple spatial matrix describing the control/power, responsibilities and land interests of different stakeholders involved in the location decision making for public infrastructure. We argue that without sufficient understanding of non-formal land rights, land procurement proposals for the public infrastructure upgrades can be frustrated by the individual or group claims on the land, making the service provision impossible in informal settlements.

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Kemigisha, Prudence. "Land Tenure Regimes and Women’s Land Rights in Uganda; Legality and the Land Legal Framework." Advances in Social Sciences Research Journal 8, no. 1 (January 17, 2021): 116–33. http://dx.doi.org/10.14738/assrj.81.9462.

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A review on the implications of land tenure regimes on women’s land rights is relevant in the Ugandan context and other countries in Africa due to the fact that land is in many ways the most important productive resource to possess or have access to. Rights over land are associated with social identity and help to regulate what people do with that land as a source of livelihood. Despite the critical contribution of land resource, it is not equitably distributed. The position of women in land accessibility, control and ownership is still precarious under the different tenure regimes in Uganda. A literature review was conducted to assess the implications of the tenure regimes on women land rights in Uganda, with specific reference to the land legality and the legal framework. From the literature reviewed, the study indicates that women’s right to land under the land holding systems are largely limited to access rights but not ownership rights. Ugandan women face significant challenges accessing justice when their rights are violated. The lack of clear distinction between legitimacy and legality of land rights makes it difficult to attain effective women’s rights to land. A combination of contemporary and customary law still restricts land rights of women in that the statutory instruments in place have failed to grant women the right to land. The study recommends that the necessary change required to narrow the gender gap in land rights necessitates simultaneous struggles over the norms and legal structures governing women’s land rights.

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Özcan, Emre, Seda Attepe Özden, and Arzu İçağasıoğlu Çoban. "Social work; neoliberalism; precarious workSosyal hizmet; neoliberalism; güvencesiz çalışma." Journal of Human Sciences 14, no. 1 (February 14, 2017): 376. http://dx.doi.org/10.14687/jhs.v14i1.4371.

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Precarious work is a form of work that is widespread today with the influence of neoliberal policies. This form of work includes the lack of job security and some social rights, as well as the fear of dismissal an ongoing job, even if the employee has a job. In recent years, precarious work has begun to be seen in the field of social work as well as being seen in every area with the contraction of the role of the public in working life. The purpose of this research is to evaluate the insecurity that has become widespread in the field of social work in recent years, in the eyes of the social workers, working in this field.For this purpose, in-depth interviews were conducted with 14 social workers who were working without precautions.Interviews were subject to content analysis by the authors and gathered under three subtopics. As a result of the research, it has been seen that precarious social workers feel themselves in an ambiguity on the individual level and on the social level they are away from working for the benefit of the client. The effects of precarious work are not only effect on an individual level, but Precarious work has also affected the social dimension, and it has preventing services for individuals. It is necessary to investigate more precisely the effects of precarious work on employees and clients, and to prevent the loss of rights in social services. ÖzetGüvencesiz çalışma, neoliberal politikaların etkisiyle günümüzde yaygın olarak görülen bir çalışma biçimidir. Bu çalışma biçimi, iş güvencesinden ve bazı sosyal haklardan yoksun çalışmayı içerdiği gibi aynı zamanda çalışanın bir işe sahip olsa bile sürekli bir işten çıkarılma korkusu yaşamasını da ifade etmektedir. Son yıllarda güvencesiz çalışma olgusu kamunun rolünün daralmasıyla her alanda görülmekle birlikte sosyal hizmet alanında da görülmeye başlanmıştır. Bu araştırmanın amacı da son yıllarda sosyal hizmet alanında yaygınlaşmaya başlayan güvencesizliği, bu alanda çalışan sosyal hizmet uzmanların gözünden değerlendirmektir. Bu amaçla güvencesiz çalışan 14 sosyal hizmet uzmanı ile derinlemesine görüşmeler gerçekleştirilmiştir. Görüşme dökümleri, yazarlar tarafından içerik analizine tabi tutulmuştur ve üç başlık altında toplanmıştır. Araştırma sonucunda güvencesiz çalışan sosyal hizmet uzmanlarının bireysel düzlemde kendilerini belirsizlik içinde hissettiği, toplumsal düzlemde ise müracaatçı yararına çalışmadan uzaklaştıkları görülmüştür. Güvencesiz çalışmanın etkileri sadece bireysel düzlemde hissedilmemekte, toplumsal boyuta taşınarak bireylerin hizmet alma ihtiyaçlarının önüne geçmektedir. Güvencesizliğin çalışanlar ve müracaatçılar üzerindeki etkilerinin daha kapsamlı bir şekilde araştırılması ve sosyal hizmet alanındaki hak kayıplarının önlenmesi gereklidir.

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Chornodid, І., V. Luhova, Y. Lupenko, A. Hutorov, L. Huliaieva, and Y. Bakun. "PRECARIZATION AS A PROPERTY OF THE MODERN LABOR MARKET IN UKRAINE UNDER THE CONDITIONS OF EMPLOYMENT SYSTEM DEFORMATION." Financial and credit activity problems of theory and practice 6, no. 41 (January 10, 2022): 544–55. http://dx.doi.org/10.18371/fcaptp.v6i41.251530.

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Abstract. The purpose of the article is to study the peculiarities of precarization as the property of the modern labor market in Ukraine that is spreading under the conditions of imbalance of the country’s employment system; to examine the positive and negative aspects of the impact of precarious employment on the domestic labor market and its regulation in order to preserve the labor potential of the country. The study uses the methods of generalization, comparison, analysis and synthesis — to understand the essence of precarization and the peculiarities of the precariat formation as a special class; secondary analysis of statistical and sociological data — to identify the prerequisites for precarization, positive and negative consequences of precarization for Ukraine; graphical method — for clarity of data and a schematic presentation of the main provisions of the study. This paper considers the essence of the concept of «precarization» and defines the main attributes of precarious employment, among which the most significant are the absence or restriction of the rights of the employee in the workplace, access to social protection mechanisms, guarantees in obtaining a stable, permanent, legal workplace and income, ensuring decent work. It has been proven that in Ukraine the negative consequences of precarization prevail because Ukrainians are mostly forced to become precarians. Indicators of labor precarization in Ukraine have been determined and systematically analyzed. The scientific novelty is the systematization of precarious employment descriptors in the conditions of the labor market deformation in Ukraine. The results of the study can be used in the development of strategic plans for employment of the population, scientifically based monitoring of the implementation of the European Employment Strategy in terms of precarization of the labor market, and also form the basis for further research in this area. Keywords: precarization, precariat labor market precariat, migration policy. JEL Classіfіcatіon J45, J61, J69 Formulas: 0; fig.: 7; tabl.: 2; bibl.: 22.

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Ali, Islam. "Human Rights of Women in Post Apartheid South Africa: Issues and Challenges." Senhri Journal of Multidisciplinary Studies 5, no. 2 (January 7, 2021): 52–65. http://dx.doi.org/10.36110/sjms.2020.05.02.006.

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Women have historically been the most marginalised groups in South Africa, as their political, social, and economic circumstances are precarious. South Africa's post-apartheid constitution has several provisions to protect women's human rights, however enforcing the constitutional responsibilities remains a difficulty owing to different constraints. This paper deals with the status of human rights of women in post apartheid South Africa. The purpose of this paper is to analyse constitutional and legal provisions for the protection of socio – economic and political human rights of women. It also attempts to explore the real situation of women’s rights in independent South Africa. The article concludes some suggestions to overcome the challenges against women’s human rights in South Africa particularly after the apartheid era.

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Duvisac, Sara. "Reconstituting the Industrial Worker: Precarity in the Indian Auto Sector." Critical Sociology 45, no. 4-5 (March 12, 2018): 533–48. http://dx.doi.org/10.1177/0896920518754341.

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In the past 15 years, insecure employment relations as well as militant labor unrest have marked the Indian automobile sector. Through a case study of four final assembly automobile firms, from three regions in India, this article examines the mechanisms by which state interventions have shaped the rise of precarious work in the sector and its consequential implications for labor organizing. Drawing on firm level economic data and interviews with key stakeholders, this article argues that state interventions play a key role in disciplining and reconstituting the Indian automobile worker. The regional comparison of state interventions in the automobile sector helps to identify spaces for strengthening labor organizing around precarious work and the rights of the citizen-worker.

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Hetherington, KREGG. "Privatizing the private in rural Paraguay: Precarious lots and the materiality of rights." American Ethnologist 36, no. 2 (April 16, 2009): 224–41. http://dx.doi.org/10.1111/j.1548-1425.2009.01132.x.

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Kapur, Ratna. "Precarious desires and ungrievable lives: human rights and postcolonial critiques of legal justice." London Review of International Law 3, no. 2 (August 13, 2015): 267–94. http://dx.doi.org/10.1093/lril/lrv006.

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Rap, S. E. "The Right to Information of (Un)Accompanied Refugee Children." International Journal of Children’s Rights 28, no. 2 (June 17, 2020): 322–51. http://dx.doi.org/10.1163/15718182-02802003.

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Refugee children often find themselves in a vulnerable position; they have experienced trauma and mental health problems and in the host country they are involved in a complex and adult-oriented asylum application procedure. International and European legal standards urge states to adapt migration procedures to the age and maturity of children and to make these more child-friendly. In this article, the core concept of analysis is the child’s right to information. It will be shown that this right is closely connected to other children’s rights and concepts, such as access to justice, child-friendly justice and the right to participation. The implementation in practice of the right to information in the asylum procedure in the Netherlands will serve as a case study, to show the precarious information position of both unaccompanied as well as accompanied refugee children. The results of this study show that the information position of these children can be improved, which will benefit their legal position, emotional well-being and possibilities to exercise their rights.

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Bell, Jonathan. "Health Care Capitalism and the Precarious Right to Bodily Autonomy in the U.S. since the Rights Revolutions—CORRIGENDUM." Modern American History 6, no. 1 (March 2023): 134. http://dx.doi.org/10.1017/mah.2023.38.

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Sola-Morales, Salomé, and Nicole Alejandra Campos Garrido. "Discurso estatal chileno en la protección de los derechos de niños(as) y jóvenes." Revista Latinoamericana de Ciencias Sociales, Niñez y Juventud 17, no. 1 (December 15, 2018): 105–24. http://dx.doi.org/10.11600/1692715x.17106.

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(analytical): The objective of this research has been to analyze the Chilean state’s discourse on the protection of children and young people’s rights. We used quantitative and qualitative methodologies to carry out this research that were focused on an analysis of the discourse of the Chilean state. The main finding is that young people under the age of 18 play secondary roles in government policies and are not considered social actors in the Chilean state’s discourse on children and young people. In addition, they don’t or can’t express opinions and they are discriminated against when they form part of a precarious social context or they have broken the law. In conclusion, the study affirms that the discourse of the Chilean state goes against the principles of the United Nations Convention on the Rights of the Child, signed on the 20th of November 1990.

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Mack, Eric. "NON-ABSOLUTE RIGHTS AND LIBERTARIAN TAXATION." Social Philosophy and Policy 23, no. 2 (May 23, 2006): 109–41. http://dx.doi.org/10.1017/s0265052506060195.

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Rights-oriented libertarian theory asserts the existence of robust individual rights - including robust rights of property. If these property rights are absolute, then it seems that all taxation is theft. However, it also seems that, if an individual is (faultlessly) in dire straits, it is permissible for him to seize or trespass in order to escape from those straits. It does seem that in this sense property rights are non-absolute. This essay examines what contribution this non-absoluteness of rights makes to the justification of taxation for the sake of rescuing individuals from their dire straits. The essay investigates how dire an individual's circumstances have to be for him to have a dispensation from the normal obligation to respect property. It distinguishes among different dispensations that individuals in dire enough circumstances may have. And it emphasizes how precarious is the path from the premise that sometimes individuals possess one or another of these dispensations to the conclusion that taxation to rescue people from dire straits is justified.

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Chinedu Okafor, Obiora. "The Precarious Place of Labour Rights and Movements in Nigeria's Dual Economic and Political Transition, 1999–2005." Journal of African Law 51, no. 1 (April 2007): 68–94. http://dx.doi.org/10.1017/s0021855306000246.

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AbstractCaught between pressure from dominant global economic actors (such as the International Monetary Fund (IMF), the World Bank (WB), and certain states) to implement painful socio-economic reform measures, and pressure from significant numbers of their own peoples to reject these IMF/WB-style prescriptions, formally democratic “third world” governments often yield to the demands of the former to push through such reforms, sometimes at great social cost. This article utilizes a contemporary Nigerian case study to illustrate this point and to show how the curtailment of labour rights and the weakening of labour movements have formed an important part of the economic strategy of many such governments. This anti-labour rights/movements strategy is an attempt by governments to deal with the human rights contradictions that are often generated when third world countries attempt dual political and economic transitions. The article argues that the deployment of an anti-labour strategy is grounded in a new kind of “full belly thesis” that prioritizes a particular IMF/WB-friendly vision of economic development over certain kinds of political (especially labour) rights. The powerful global economic actors, who would otherwise advocate the observance of all human rights, have nevertheless found this thesis more acceptable than its earlier iteration, which was grounded in a far less IMF/WB-friendly economic vision.

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Militão, João Batista dos Santos, Jorge Luiz Souto Maior, Luís Fernando Silva, Swedenberger do Nascimento Barbosa, Maria Helena Machado, Antônio Marcos Freire Gomes, José Cláudio Silva Barreto, and Wilson Aguiar Filho. "The legal precariousness of work relations in the health sector during the COVID-19 pandemic, as a factor of worker suffering." Ciência & Saúde Coletiva 28, no. 10 (October 2023): 2797–807. http://dx.doi.org/10.1590/1413-812320232810.10212023en.

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Abstract The present article analyzed the process of precarious work relations in the health sector, demonstrating how this situation generated illness and suffering among workers. The text sought to register how the institutional adoption of neoliberal economic conceptions, of the reduction of State social policies, coupled with a history of cultural rejection of labor rights, provided the attraction of mechanisms of precarious work for the public sector, notably, the outsourcing of labor and the provision of services. In a second moment, the text points out the legal improprieties committed, presenting the consequences of the weakening of the legal bond in the working conditions of these workers, mainly regarding working hours and remuneration, also highlighting how much the dissemination of these links represented a factor of a general reduction in wages and labor and social security rights in the sector. Data from Fiocruz surveys on working conditions during the pandemic were also presented. The article concludes by showing the urgency of rescuing the legal labor institutes that were abandoned in the historical path studied in order to guide the public health policies in a new direction.

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Michael, Sheila Devi. "The Continuous Precarious Situation of the Refugees and Migrant Workers in Malaysia Post-COVID-19." Jurnal HAM 15, no. 1 (March 27, 2024): 35. http://dx.doi.org/10.30641/ham.2024.15.35-50.

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The COVID-19 pandemic positioned the global population in a conundrum state and the most vulnerable were the refugees and migrant workers. It is a common narrative for governments and the people to treat them indifferently because of their illegal status thus creating a xenophobic environment against them. A similar situation occurred for these vulnerable groups in Malaysia during managing and mitigating the spread of COVID-19 resulting in the Malaysian government neglecting the fundamental human rights to protect the refugees and migrant workers from discrimination, abuse, and exploitation. By international standards, Malaysia is far from defending the rights of vulnerable groups, particularly the plight of refugees and migrant workers. Therefore, this paper aims to highlight and discuss the qualm conditions of these refugees and migrant workers during COVID-19 and the continuous precarious situation against them. Data was gathered from primary and secondary sources such as official statements, mainstream media and reports from local and international organisations. Findings show that the precarious situation remains the same for these vulnerable people, hence the Malaysian government should seriously work out comprehensive policies to alleviate the abysmal condition against them.

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Rodríguez-Quiles, José A. "Music Teacher Training: A precarious area within the Spanish university." British Journal of Music Education 34, no. 1 (October 25, 2016): 81–94. http://dx.doi.org/10.1017/s026505171600036x.

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In the last few years expressions like European convergence, European Higher Education Area, European Credit Transfer and Accumulation System and others have become more and more usual not only in academic circles but also even in the mass media. But to what extent are these expressions valid for all knowledge areas in all EU countries? After analysing the curricula for Music Teaching Training in Spain (through the lens of J. Butler and J. Derrida) I will show the situation of precarity of this knowledge area under a postmodern perspective and how the expressions above have become non-neutral expressions sous rature that manage to preserve the rights of the already consolidated knowledge areas to the detriment of the non-consolidated ones.

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Harwood, Catherine. "Book Review: Human Rights in the South Pacific – Challenges and Changes." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 403. http://dx.doi.org/10.26686/vuwlr.v40i1.5396.

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This article is a book review of Sue Farran Human Rights in the South Pacific Challenges and Changes (Routledge-Cavendish, United States and Canada, 2009). Recent events in the Pacific highlighted the potentially precarious existence of human rights in some Pacific states and showed that a vigorous human rights debate is needed to further realise human rights. Farran's book in the South Pacific examines themes and tensions raised by rights in Pacific states that have common law as part of their legal frameworks. Farran ponders the notion of human rights with a view to increase awareness of their value and establish workable mechanisms to bolster human rights in the Pacific. While the text offers no definitive solution, it provides a platform of ideas from which meaningful discourse on human rights can spring. Not only is the book accessible and informative, it is also an important contribution to the continuing rights debate in the Pacific by raising awareness of human rights issues for and by Pacific people and providing tangible suggestions for change.

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Journal articles on the topic 'Precarious rights'

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