Journal articles on the topic 'Protection of labour rights'
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1
Pohorielova, O. "THE PROTECTION OF OWNERS' CORPORATE RIGHTS AND EMPLOYEES' LABOUR RIGHTS: JUDICIAL PRACTICE ANALYSIS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 49–55. http://dx.doi.org/10.17721/1728-2195/2019/4.111-10.
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The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.
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Tyc, Aneta. "Migrant Domestic Workers in Europe: the Need for a Better Protection." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (December 15, 2017): 141–57. http://dx.doi.org/10.14746/ppuam.2017.7.09.
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Migrant domestic workers are estimated at approximately 11.5 million persons worldwide. European women are being replaced in their household chores by immigrant women, e.g. from Africa, Asia and Eastern Europe. The paper focuses on human labour rights of domestic migrant workers, especially from the point of view of the typology which divides international standards concerning labour as a matter of human rights into four groups: rights relating to employment (eg. the prohibition of slavery and forced labour); rights deriving from employment (eg. the right to social security, the right to just and favourable conditions of work); rights concerning equal treatment and nondiscrimination, and instrumental rights (eg. the right to organise, the right to strike). The aim of this paper is to reveal insufficient effectiveness of human labour rights according to the above-mentioned typology. Thus, the author will concentrate on the issues of modern slavery, hyper-precarity and discrimination.
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Lagutina, I. V. "ELECTRONIC LABOUR BOOKS AND DATA PROTECTION." Наукові праці Національного університету “Одеська юридична академія” 28, no. 29 (January 26, 2022): 129–35. http://dx.doi.org/10.32837/npnuola.v28i29.725.
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Lagutina I. V. Electronic labour book and data protection. – Article. The article considers the protection of personal data as a modern and active law that provides a system of checks and balances to protect the individual if his personal data is processed. Data processing must meet the basic requirements of personal data protection, namely independent control and respect for the rights of the personal data subject. The development of legislation on personal data protection has been marked by a significant expansion of the rights of their subjects and the legal regulation of all transactions with information from collection to destruction. With the adoption of the Law of Ukraine “On Personal Data Protection” of June 1, 2010, a regulatory framework for the protection of personal data in national legal practice was created. It is emphasized that the right to protection of personal data is not absolute; it may be restricted as necessary to satisfy the general interest or to protect the rights and freedoms of others. The right to data protection is often interlinked with other rights, such as freedom of expression and the right to receive and impart information. Any type of information can be personal data, provided that the information relates to an identified person or a person who can be identified. Personal data are processed legally if they meet one of the following criteria: processing is carried out with the consent of the personal data subject; data processing is required by contractual relationship; data processing is necessary for the controller to comply with a legal obligation; data processing is required to comply with the vital interests of personal data subjects or others; data processing is necessary to perform the task in the public interest; the legitimate interests of the controllers or other persons are the basis for processing, but only if they are not outweighed by the interests or fundamental rights of the data subjects. It is necessary to develop a sectoral mechanism for the protection of personal data of employees under labour legislation of Ukraine, as the Law of Ukraine “On Personal Data Protection” does not take into account the peculiarities of personal data protection of employees as subjects of labour relations.
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agutina, Iryna. "Supervision and control over observance of labour legislation by state labour service of Ukraine." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 12(24) (December 9, 2021): 140–46. http://dx.doi.org/10.33098/2078-6670.2021.121.24.140-146.
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The purpose of the article is to investigate the role of state supervision and control over compliance with labour legislation in ensuring decent work. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, system-structural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. It is established that the effectiveness of supervision and control over compliance with labour legislation is ensured by many factors: regularity, the right choice of goal, the actual elimination of violations, the presence of clear legal regulations for control and supervision. Scientific novelty. It is established that supervision and control over observance of labour legislation is an important and necessary form of protection of labour rights, freedoms and legitimate interests of employees. With the help of this form of protection of labour rights and legitimate interests of employees, the following tasks are solved: ensuring strict implementation of regulations in the field of labour; achieving the quality of implementation of decisions; timely taking measures to eliminate identified violations; identifying positive experiences and putting them into practice. The practical significance lies in the possibility of using materials in law enforcement activities - to improve the practice of applying current legislation in the field of labor rights; educational process - in the teaching of disciplines: "Labour Law of Ukraine", "Employment Protection", "Labour Rights Protection in European Union Countries".
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Thornton, Liam. "Clashing Interpretations of EU Rights in Domestic Courts." European Public Law 26, Issue 2 (June 1, 2020): 243–64. http://dx.doi.org/10.54648/euro2020043.
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This article examines Ireland’s implementation of the right to work for protection applicants, post Ireland’s opt-in to the EU Reception Conditions Directive Recast (RCDr) in 2018. Ireland sought to exclude persons potentially subject to Dublin Regulation transfers from accessing the labour market. Competing legal interpretations on this issue, now exist in Ireland, between the International Protection Appeals Tribunal (IPAT) and the High Court. Engaging in an analysis of the legislative intent and emerging domestic case-law, it is argued that Ireland’s wholescale exclusion of persons potentially subject to a Dublin transfer from the labour market is not permitted under EU law. With this ultimately to be decided by the Court of Justice, it is argued that the legal interpretation of IPAT, which would grant protection applicants within the Dublin transfer process an entitlement to enter the labour market, is to be preferred to the interpretation of the RCDr proffered by the Irish High Court. The focus of the High Court on ‘abuse of rights’ obfuscated key legal protections EU law provides to protection applicants. International protection, Common European Asylum System, Dublin III Regulation, Reception Conditions Directive (recast), Labour Market, Abuse of Rights.
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Susanto, Eko Adi. "Labour Rights Protection in Industrial Relations Issues." Rechtsidee 2, no. 2 (December 1, 2015): 109. http://dx.doi.org/10.21070/jihr.v2i2.78.
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Many violations of the terms of employment at Surabaya, employment protection and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78
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Bagari, Sara, and Maria Sagmeister. "Economic dependence and parental protection: A comparative analysis of Austrian and Slovenian labour and social security rights of economically dependent self-employed parents." European Labour Law Journal 13, no. 1 (December 23, 2021): 86–107. http://dx.doi.org/10.1177/20319525211060362.
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Taking parental protection rights as a clear-cut field of study, this article argues that there are significant protection gaps in the social rights and employment protection of the economically dependent self-employed. Their exclusion from employment protection can be justified as far as the protective purpose is tied to the personal subordination of the employee relationship. However, certain vulnerabilities arise not from personal, but from economic dependency, whereas the changing labour market and the growing area of precarious self-employment must be considered. Comparing the rights of working parents in Slovenia and Austria, we distinguish between employees and economically dependent self-employed persons in this specific area and point to challenges for the wider field of labour and social rights. The purposes of parental protection rights are diverse; they include health protection, guarantee social security and serve equal treatment purposes. Therefore, they represent an ideal field to discuss arguments regarding the inclusion or exclusion of the economically dependent self-employed into different protective frameworks.
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Микрина, Валентина, Valentina Mikrina, Дамир Бекяшев, and Damir Bekyashev. "International Legal Protection of Labour Rights of People with Disabilities." Advances in Law Studies 6, no. 2 (September 20, 2018): 16–20. http://dx.doi.org/10.29039/article_5b8d94e8bdfe11.35389625.
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Restriction or lack of capacity to be engaged in labour activities must not become an encumbrance for efficient employment of people with disabilities. International legal protection of such a vulnerable group should be based on the principles of complete equality of rights and full participation in the life of society. The article deals with the international legal mechanisms of labour rights protection of people with disabilities under the acts passed by the UN and ILO. Ensuring due legal protection of labour rights of people with disabilities in the world of work will facilitate their realization of the right to decent work, which is the main goal of the regulatory activity of the ILO.
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Kashlakova, A. S. "Burden of proof in a labour dispute." Voprosy trudovogo prava (Labor law issues), no. 6 (June 30, 2021): 470–75. http://dx.doi.org/10.33920/pol-2-2106-07.
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The actual implementation of labor rights is possible if there are working mechanisms for the protection of violated rights in the legislation. The effectiveness of such protection depends, inter alia, on the procedural rules that secure the position of the disputing parties, their rights, obligations, and the rules for the distribution of the burden of proof. In this paper, we will focus on the norms that enshrine the rules for distributing the burden of proof of circumstances that are important for resolving a labor dispute. English version of the article is available at URL: https://panor.ru/articles/burden-of-proof-in-a-labour-dispute/71251.html
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Ahl, Björn, Pilar-Paz Czoske, and Cui Xu. "Labour rights protection of foreign employees in China." Asia Pacific Law Review 28, no. 1 (January 2, 2020): 122–37. http://dx.doi.org/10.1080/10192557.2020.1786264.
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Szakats, Alexander. "Human Rights in the Hungarian Labour Code." Victoria University of Wellington Law Review 28, no. 3 (June 1, 1998): 573. http://dx.doi.org/10.26686/vuwlr.v28i3.6059.
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Protection of human rights, particularly the rights of persons working in the free market economy, features prominently in the Hungarian Labour Code enacted after the great political and economic change. As the state ceased to be the only, or the principal employer, either directly or in the guise of various "voluntary" cooperatives, the proliferation of private enterprises necessitated a law to regulate labour relations between the employers and employees. In this article Professor Szakats provides an overview of the Code by selecting certain provisions which emphasise human rights, and comparing them with the corresponding New Zealand statutory protection, and relevant ILO Conventions and Recommendations.
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Thiemann, Inga K. "Sex Work Regulation, Anti-trafficking Policy, and Their Effects on the Labour Rights of Sex Workers in Germany." International Journal of Comparative Labour Law and Industrial Relations 36, Issue 2 (June 1, 2020): 195–220. http://dx.doi.org/10.54648/ijcl2020011.
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This article provides an analysis of regulatory approaches to sex work, the status of sex workers’ labour rights, and the conflation of sex work and human trafficking, with reference to the example of Germany. It assesses the strengths and weaknesses of Germany’s approach to the regulation of prostitution and the ways it has been influenced by international debates challenging the status of sex work as work, as well as concerns about human trafficking. It analyses the Prostitution Act 2002 (ProstG), and the Prostitute Protection Act 2017 (ProstSchG), and their effects on the rights and working conditions of sex workers, as well as their aim of improving the safety of vulnerable sex workers and reducing the level of human trafficking and exploitation in the German sex industry. In particular, the article considers the impact of this legislation on those working in the sex industry, especially migrant women and those at risk of exploitation. Through its analysis of the existing approach to sex work in Germany, the direction of reform and the absence of a labour-rights approach to the regulation of sex work and the prevention of trafficking, the article highlights the fact that even a country that is -in principle - willing to accept sex work as work, has failed to grant labour rights to sex workers. The article argues that the Prostitute Protection Act has in some ways increased the vulnerability of sex workers rather than promoting their safety. In addition, it is argued that legislators should consider labour protection and labour rights as an alternative means of protecting sex workers, rather than (re)criminalizing aspects of sex work in the name of ‘protecting’ women by means of prohibition or control. Adopting a labour-rights approach rather than paternalistic approach would have the potential to bring about far-reaching reform of the relevant legislation both in Germany and internationally. Sex Work, Human Trafficking, Labour Rights, Criminalization, Prostitution, Sex Work as Work
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Gamonal, Sergio. "Chilean Labour Law 1990–2010: Twenty Years of Both Flexibility and Protection." International Journal of Comparative Labour Law and Industrial Relations 27, Issue 1 (March 1, 2011): 85–94. http://dx.doi.org/10.54648/ijcl2011006.
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This article analyses the evolution of Chilean labour law in the twenty years since the return to democracy. It studies the principal amendments to the individual right to work and to labour procedures as well as the permanence of the collective ultra neoliberal rights inherited from the dictatorship, presenting a labour panorama characterized at the same time by protection and flexibility and reflecting the divisions in Chilean society.
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LYSKO, Tetiana. "Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries." Economics. Finances. Law, no. 5/2 (May 29, 2020): 32–35. http://dx.doi.org/10.37634/efp.2020.5(2).6.
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The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.
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Zhang, Jingjing, Riccardo Leoncini, and Yingyi Tsai. "Intellectual property rights protection, labour mobility and wage inequality." Economic Modelling 70 (April 2018): 239–44. http://dx.doi.org/10.1016/j.econmod.2017.11.006.
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Gubrienko, О. М., and O. G. Kostromina. "Institute of Labor Rights Protection as an Element of the Labor Law System." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 69–72. http://dx.doi.org/10.24144/2788-6018.2021.03.12.
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Labor law of Ukraine is one of the most social branches of law, as it not only regulates labor relations, but also ensures the implementation of socio-economic rights of workers. In the new economic conditions, the problem of ensuring the protection of labor rights and legitimate interests of employees is extremely important.
The protection of labor rights is seen in various senses, including as an institution of labor law. It is noted that the protection of labor rights is considered as an independent institution of labor law (narrow understanding of the protection of labor rights), which presents all available in the legal system and possible methods (measures) to protect labor rights.
The Institute for the Protection of Labor Rights is one of the central institutes of labor law. The content of this institute consists of: the content of basic labor rights and human freedoms; forms of protection; methods of protection by which protection is provided; protection procedure; conditions of legality of realization of the right to protection of labor rights and freedoms.
In order to develop an effective mechanism for the protection of labor rights, it is necessary to define the concept of the form of protection of labor rights, its types and methods of protection. The form of protection of labor rights is defined as the procedure for the protection of subjective labor rights and legitimate interests. This procedure includes a set of organizational actions, the list of which depends on the subject of protection and the subject whose rights and interests are protected. The method of protection of labor rights is defined as a specific action aimed at protecting subjective labor rights and legitimate interests or to remove obstacles to the exercise of these subjective rights.
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Ardianto, Melisa Kurniawan, and Stanislaus Atalim. "IMPLEMENTASI PERLINDUNGAN HUKUM TERDAHAP HAK MATERNITAS PEKERJA WANITA DI KAWASAN BERIKAT NUSANTARA (KBN) CAKUNG JAKARTA UTARA DITINJAU DARI UNDANG-UNDANG KETENAGAKERJAAN (STUDI KASUS PELANGGARAN HAK MATERNITAS PEKERJA WANITA DI WILAYAH KBN CAKUNG, JAKARTA UTARA)." Jurnal Hukum Adigama 1, no. 1 (July 19, 2018): 586. http://dx.doi.org/10.24912/adigama.v1i1.2158.
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This research was conducted to examine the rules concerning the protection of maternal right of women workers set forth in Labor Law. Basically, women workers have special right, their right must also be facilitated. One of the most fundamental right is the maternal right of women workers, including the right to menstruation leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the right and child rearing. This research also to look at the law as the principles of truth and justice that is natural and universally applicable. The method used in this research is normative research specifications. Juridical instruments used are equipped with the Labour Law Regulations related of legislation law, while the normative aspect associated with the materials related to the research literature. Implementation of maternity rights protection of women workers has been stated in the Labour Law and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Convention). The results of this research indicate that the implementation of maternity right not going well.
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Inshyn, Mykola I., Serhii Ya Vavzhenchuk, and Kateryna V. Moskalenko. "Protection of labour rights by trade unions in separate post-Soviet countries." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 222–33. http://dx.doi.org/10.37635/jnalsu.28(2).2021.222-233.
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Trade unions play an increasingly more critical role in protection of the employees of every state. This article aims to outline the problems with regard to the legal regulation of labour rights protection by trade unions in post-Soviet countries. The research is based on a system of various general philosophical methods (dialectical method), general scientific methods, such as methods of synthesis and analysis, induction and deduction, and special legal methods, including comparative legal method and the method of modelling. The choice of the mentioned methods was determined by the purpose of this study. The legal rules on protection of labour rights by trade unions in post-Soviet countries are set up by a number of international conventions, Constitutions of such countries (as this is a special constitutional right, being under a special protection of the state) and their national legislative acts. Some of the post-Soviet states are now members of the EU (Lithuania, Latvia, Estonia) and are subject to regional EU regulations. Every post-Soviet State has its own jurisprudence, legal practice and traditions of labour rights’ protection and hence has its own national peculiarities with regard to this protection, the representation of employees and the architecture of labour legislation. The analysis conducted by the authors shows that the national legislators were not fully following the international standards established by the International Labour Organization and did not fully secure the freedom of association. All the mentioned countries were recommended either to change some pieces of legislation or to supervise the existing draft of laws to make them meet the rules set in a number of international conventions. The authors have also stated that trade unions in post-Soviet countries are not always effective
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Mantouvalou, Virginia. "The Protection of the Right to Work Through the European Convention on Human Rights." Cambridge Yearbook of European Legal Studies 16 (2014): 313–32. http://dx.doi.org/10.1017/s1528887000002639.
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AbstractThe right to work was until recently under-explored in academic literature and judicial decision-making. Classified often as a social right, it was viewed as a non-justiciable entitlement. Today, as the right to work is sometimes used as a slogan in favour of deregulation of the labour market, as well as a slogan against immigration and unionisation, the analysis of the right to work as part of a labour law agenda is crucial. Against this background, this chapter examines the right to work in the European Convention on Human Rights. Even though the right to work is not explicitly protected in the ECHR, the chapter identifies in the case law of the European Court of Human Rights certain principles that underpin the right to work, which can serve as guidance in the interpretation of existing provisions of the Convention.
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Novichkov, Ilya Vyacheslavovich, Maxim Alexandrovich Lebedev, and Milena Dmitrievna Kovaleva. "The problem of protecting the labour rights of women: the practice of consideration of disputes on the protection of women's labour rights." Аграрное и земельное право, no. 12 (2021): 139–41. http://dx.doi.org/10.47643/1815-1329_2021_12_139.
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Khamzina, Zhanna Amangeldinovna, Yermek Buribayev, Kuralay Turlykhankyzy, Zhanar Moldakhmetova, Bakhytkali Koshpenbetov, and Kalkayeva Nessibeli. "Unloading the Judicial System in Kazakhstan? Alternative Ways of Resolving Individual Labour Disputes." Comparative Law Review 27 (December 22, 2021): 275–96. http://dx.doi.org/10.12775/clr.2021.011.
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The purpose of the study is to develop proposals for the modernization of the judicial form of protection of social and labour rights and interests of the individual. We are testing the hypothesis about the priority and universality of the judicial form of protection of rights in relation to other ways of applying for the restoration of violated labour interests; we assess access to justice as a criterion for the effectiveness of the judicial form of protection. The main method is a desk study of law enforcement practice, reports related to the functioning in Kazakhstan of a judicial form of protection of the social and labour rights of an individual, also the method of analysis of documents and statistical data of courts, a survey of examples of the best foreign practice in the work of specialized courts, and an analysis of international universal standards of access to justice in social and labour disputes.
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Kozin, Serhii, Denys Kovach, Larysa Soroka, Iryna Lopatynska, and Roman Savytskyi. "Objective conditions for improving the protection of the rights of labour migrants in Ukraine." Cuestiones Políticas 39, no. 68 (March 7, 2021): 186–201. http://dx.doi.org/10.46398/cuestpol.3968.10.
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The research analyses objective preconditions for improving the protection of the rights of migrant workers in Ukraine. The research methodology included the dialectical combination of tools such as documentary observation and legal hermeneutics. Among the main results is that: sand analyzed the statistical materials and standards of current Ukrainian legislation governing the rights of migrant workers. Problems related to the implementation of the rights of migrant workers in Ukraine were determined. Objective prerequisites for improving the protection of the rights of migrant workers in Ukraine were identified. It was noted that the implementation of rights by migrant workers in the country depends on several conditions and, above all, it was the specificity of the legal regulation of this issue. It is concluded that Ukrainian law provides general guarantees to prevent discrimination against immigrants in terms of exercising their right to work. At the same time, the application of the rights of immigrants in our country depends on several objective and subjective conditions that should be discussed.
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Tyc, Aneta. "Workers’ rights and transatlantic trade relations: The TTIP and beyond." Economic and Labour Relations Review 28, no. 1 (February 13, 2017): 113–28. http://dx.doi.org/10.1177/1035304617690971.
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In the context of the working-class backlash against free trade represented by Brexit, the recent surge of right-wing political parties in Europe and the 2016 US presidential election, it is timely to take stock of the threats to jobs and wages posed by recent negotiations over the Transatlantic Trade and Investment Partnership. The European Commission selectively relied on econometric analyses, predicting a positive impact of the Transatlantic Trade and Investment Partnership. Its proposed legal text on ‘Trade and sustainable development’ fell short of the European Parliament’s negotiating guidelines, which themselves failed to ensure protection of labour standards. The activities of corporate lobbies threatened the effective protection of workers’ rights. Major risks to workers’ rights are posed by discrepancies between US and European Union labour and social law and labour standards. The most recent legal text lacks compliance monitoring provisions and sanction mechanisms against member states failing to ratify core labour conventions. The investment court system does not resolve the problems of the discredited investor-state dispute settlement mechanism for which it is the proposed replacement. The year 2016 has provided a foretaste of the dislocation likely from trade and investment regulation that sees social and environmental standards and labour rights simply as barriers to corporate profits.
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Kim, Dongwook, and Chonghyun Choi. "Civil Society and Labour Rights Protection in Asia and the Pacific." Pacific Affairs 93, no. 1 (March 1, 2020): 89–112. http://dx.doi.org/10.5509/202093189.
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Why do some national governments in Asia and the Pacific protect labour rights better in practice than others? This article argues that labour rights are better protected in Asia-Pacific countries where civil society organizations participate more intensively in the government's policy-making process. It goes beyond treating regime type in the aggregate and demonstrates that the associational dimension of regime type plays a critical role in shaping government protection of labour rights in Asia and the Pacific. Multivariate longitudinal analyses of all 30 Asia-Pacific countries from 1981 to 2011 find robust support for the theory, using new data on civil society participation, and controlling for electoral democracy, trade openness, economic development, unobserved country-level heterogeneity, and other factors.
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Takirambudde, Peter Nanyenya. "Protection of Labour Rights in the Age of Democratization and Economic Restructuring in Southern Africa." Journal of African Law 39, no. 1 (1995): 39–63. http://dx.doi.org/10.1017/s0021855300005878.
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The contours of human rights, especially labour rights, have undergone significant shifts in the recent past in Southern Africa. Labour law regimes have been overhauled, resulting in large-scale changes, liberalization of controls over trade unions, loosening of strictures relating to the right to strike, freeing collective bargaining from excessive governmental interference and the extension of protective legislation to previously excluded workers. These developments have been a function of dramatic changes throughout die region. The transition in Soudiern Africa has encompassed die political, economic and legal fabrics of most countries. It has been under way since die late 1980s and is being extended daily. In die constitutional zone, diere is a discernible trend towards the constdtutionalization of social rights, thus settling the debate regarding positive and negative rights in favour of the interdependence, indivisibility and interconnectedness of human rights. The transformation in Soudiern Africa is emblematic of three critical developments: democratization, economic liberalization and paradigmatic transitions in law.
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Palmer, Stephanie. "Human Rights: implications for labour law." Cambridge Law Journal 59, no. 1 (March 2000): 168–200. http://dx.doi.org/10.1017/s0008197300000064.
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The author considers the potential of the Human Rights Act to influence the future of labour law. First, the development of common law can be based on fundamental human rights principles. Statutory interpretation of employment legislation can also be grounded on this potentially more principled approach. Second, the new legislation may hasten the development of a common law of privacy and provide greater protection for expression of political and religious views in the employment context. Third, it changes the criteria against which the propriety of restrictions in the employment relationship should be judged. It is likely that in judicial review cases the more rigorous proportionality standard rather than the Wednesbury unreasonableness test will be used. Finally, the effective application of human rights in the private sphere is likely since the Convention case-law, the debates in Parliament and the Act itself strongly suggest that the Convention rights will have an indirect effect. The domestic courts must take the opportunity to develop their own human rights standards.
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Solodovnykova, A. D., and V. I. Handzha. "PROTECTION OF WOMEN’S LABOUR RIGHTS IN UKRAINE AND OTHER COUNTRIES." Comparative-analytical law, no. 1 (2020): 267–70. http://dx.doi.org/10.32782/2524-0390/2020.1.65.
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Lu, Fang Hua. "Protection of Laborers Occupational Safety Rights from the Perspective of Human Rights Law." Advanced Materials Research 1073-1076 (December 2014): 408–11. http://dx.doi.org/10.4028/www.scientific.net/amr.1073-1076.408.
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As a basic human right, occupational safety rights have already drew attention all over the world. A series of significant law system, such as the labor law, safety production law, law of Prevention and Control of Occupational Diseases etc, involve the protection of occupational safety rights. But as a member of the International Labor Organization, protecting system for the occupational safety rights in China face a series of problems, such as coverage narrow, low damages, weak awareness of human rights protection, lack of systemic laws and regulations. Thus, it needs to be perfected by speeding up legislation process for occupational safety rights protection, enhancing the enforcement of law, stable labor relations, creating a favorable environment for market economy development in China. Besides, on the point of the force of law, we should optimize the operability of the occupational safety rights protection legislation system from the labor law, safety production law, law of Prevention and Control of Occupational Diseases.
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Orosz, Flóra. "The protection of human rights in connection with working possibilities of special group of employees." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 15, no. 29 (November 24, 2020): 184–98. http://dx.doi.org/10.21029/jael.2020.29.184.
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The author intends to analyse the special protection of disadvantage people – in particular to disabled people and people with changed working ability. These people are often cut off from the labour market, therefore, they can not participate there and even in the society. However, human rights, regulated in the Fundamental Law of Hungary, provide the opportunity for these people as well to work. Thus, these rights are essential for these people in order to ensure their employment. Labour law and social law protection confirms this constitutional protection. The study examines these three areas of protection.
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Harris, Jerry, Robin Munro, and Michael Zhang. "Defending workers’ rights in China." Race & Class 48, no. 3 (January 2007): 83–93. http://dx.doi.org/10.1177/0306396807073861.
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China’s tremendous economic growth over the last two decades has begun a historic shift away from the economic dominance of the West that is the subject of much commentary and debate. Far less known is the impact on Chinese workers themselves, who are frequently denied the rights laid down in labour laws and also lack the protection of public health services or unemployment benefits. Protests against these conditions are steadily growing. China Labour Bulletin is one NGO that acts to defend workers’ rights and publicise the present situation.
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Yange, Joshua Tavershima, Dokun Oyeshola, and Ayodeji Anthony Aduloju. "The Politics of Workers Rights Protection: International Labour Organisation and Promotion of Labour Rights in Manufacturing Industry in Nigeria." Critique 44, no. 3 (July 2, 2016): 267–90. http://dx.doi.org/10.1080/03017605.2016.1199634.
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He, Ruiyao, and Yen-Chiang Chang. "Strengthening the Legal Protection of Female Workers in Marine Fisheries—A Chinese Perspective." Asia-Pacific Journal of Ocean Law and Policy 5, no. 2 (December 21, 2020): 281–302. http://dx.doi.org/10.1163/24519391-05020003.
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Abstract China is a large State with a large population and an enormous fishing industry. The marine fishery labour force represents a significant proportion of Chinese labour market share. Due to the special nature of working in marine fisheries, female workers have long represented a significant proportion of the workforce but have been undervalued or even recognised. So far, there has been little research on the protection of female workers’ rights in this field. In 2017, the Secretary-General of the United Nations presented the issue of people on the ocean in a special chapter within the Oceans and the Law of the Sea Report, highlighting the protection of women’s rights in the field of marine fisheries. There is evidence that this issue has already attracted the attention of the international community. Studying the issue of female workers’ protection in this field encourages the standardisation of the marine fishery labour market, thus promoting sound future development. As a result, this article tries to address the necessity for the legal protection of female workers in the field of marine fishery, through an analysis of the evolution of the marine fishery labour force and the current situation as regards the issue of human rights. To date, there is still a lack of effective protection of women’s rights in marine fisheries, especially through legal means, which requires to be addressed.
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Князева, Наталья, and Natalya Knyazeva. "Labours’ Right Protection of the Groups of Workers." Journal of Russian Law 4, no. 11 (October 31, 2016): 0. http://dx.doi.org/10.12737/22200.
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The article pays attention to the fact that as a rule violations of labours’ right protection are of mass proportions, but the labor legislation does not provide the possibility for collective defense. Features of the labours’ right protection predetermine the necessity for restoration of the rights of one employee to solve the question about other employees whose rights have been violated in the same way. Following this line of reasoning and taking into account the identified advantages of collective defense, there was substantiated the necessity of recognition of the collective right for protection in a case of simultaneous violations of the rights of a few (group) of employees by the same employer. In the article there were formulated the attribute which has to meet the group of employees for purposes of collective defense. Some peculiarities of realization of the collective right to protection were also analyzed in present article. Special attention was paid to the collective suspension of work and classaction lawsuit as measures of collective judicial protection.
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Ford, Michael. "The Fissured Worker: Personal Service Companies and Employment Rights." Industrial Law Journal 49, no. 1 (December 25, 2019): 35–85. http://dx.doi.org/10.1093/indlaw/dwz022.
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Abstract A personal service company (PSC) is a form of intermediary with separate legal personality used as a vehicle to provide the labour of the individual who controls the PSC. The rapid growth of PSCs in recent years, and their potential to disguise employment status for tax purposes, have been the subject of much policy and legislation. But their detrimental effect on the employment rights, both individual and collective, has almost been ignored. Evidence shows that PSCs continue to increase at a faster rate than employment, are colonising sectors of the labour market characterised by dependent labour and are often imposed to avoid the duties owed to workers or employees. In this article, I analyse how the existing law might provide a means of protecting the labour rights of individuals who are engaged via PSCs, examining the statutory provisions specific to some legal rights and more general doctrines based on shams, labels and piercing the corporate veil. Although the law provides some protection in some circumstances, PSCs retain their allure as a means of avoiding employment rights. I discuss potential legislative solutions to this problem, which highlights the interaction of tax and employment law and the difficulties caused by relying on the bilateral contract as the keystone of labour rights.
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Gansemans, Annelien, Deborah Martens, Marijke D’Haese, and Jan Orbie. "Do Labour Rights Matter for Export? A Qualitative Comparative Analysis of Pineapple Trade to the EU." Politics and Governance 5, no. 4 (December 14, 2017): 93–105. http://dx.doi.org/10.17645/pag.v5i4.1082.
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Labour norms are increasingly considered in trade relations, but is the protection of labour standards a necessary condition for export to the EU? A Qualitative Comparative Analysis, based on countries that export pineapples to the EU, shows that labour standards protection matters in combination with distance, zero tariffs and institutional quality in a number of cases. However, for none of the cases was it a sufficient condition on its own for determining exports to the European market. Rather, we show that (1) having a zero tariff is necessary for a relatively large share of export to the EU, and (2) labour standards protection can make a difference when the institutional quality is weak in some African cases, in contrast to Latin American exporters.
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Kozin, Serhii, Tetiana Tatarova, Taisiia Korzh-Ikaieva, Olena Sokurenko, and Vitalii Maltsev. "Description of the legal basis for the protection of labor rights of migrants." Cuestiones Políticas 38, Especial II (December 8, 2020): 549–60. http://dx.doi.org/10.46398/cuestpol.382e.41.
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The objective of the article under analysis is the legal framework for the protection of migrants' labour rights, identifying a specific range of category-related regulations and their main provisions. The theme of the study is the analysis of the legal basis for the protection of migrants' labour rights. The research methodology includes and agreed on the following general and special and legal methods: dialectical, logical, systematic, and legal, normative, and canine, comparative and legal and legal method. The results of the study are identified by key regulations, including documents of international importance and the Ukrainian legal system, whose rules are dedicated to the regulation of social relations arising in the labour field of migrants. In terms of its practical implications, based on scientists' analyses, the focus is on the meaning of the term "migrant". An alternative definition is proposed. Finally, attention is paid to the declaratory nature of international law in the field of the protection of the labour rights of migrants and is part of the importance of acts of national law in regulating this matter.
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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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Numhauser-Henning, Ann. "Flexible Qualification — a Key to Labour Law?" International Journal of Comparative Labour Law and Industrial Relations 17, Issue 1 (March 1, 2001): 101–16. http://dx.doi.org/10.54648/337855.
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This article argues that flexible knowledge (and thus continuous education) has the potential to out-date employment protection versus new forms of works as the touchstone of labour law discourse in the Knowledge Society. Hitherto labour law discourse has usually focused on labour market segmentation in terms of a core group of permanently employed workers and more peripheral groups of workers in atypical employment. However, recent Swedish labour market statistics show that employability in terms of qualification appears to be the crucial quality, regardless of mode of employment, when it comes to the risk for the individual of being subjected to unfavourable labour conditions, transfers and unemployment. This implies new challenges to labour law. Legally defined or negotiated rights to education and training is an important way forward. It is argued that while such rights as part of employment protection schemes seem to imply a strengthening of employer prerogatives as regards the functional flexibility dimension, a right to education and training as part of more general conditions of employment may work to the 'empowerment' of individual employees. What we need is 'a normative shift' as regards the employer's obligation, from an obligation to guarantee continued employment to an obligation to guarantee continued employability.
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Osiki, Abigail. "Property Rights as a Pathway to Labour Law Protection in the Nigerian Informal Economy." International Journal of Comparative Labour Law and Industrial Relations 34, Issue 4 (December 1, 2018): 457–77. http://dx.doi.org/10.54648/ijcl2018021.
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Traditionally, the idea of labour law has been based on the premise that the standard employment relationship is a site of social oppression, inequality, and conflict, and labour law is the mechanism to balance this relationship. However, in many countries, particularly developing economies, the brunt of such oppression, inequality and conflict is experienced by people who are outside the purview of labour law and are in relationships that are difficult to characterize as employment. One such category is that of street vendors in Nigeria. These workers are not deemed to be employed in the legal sense and they are outside of the protective net of labour regulation. In Nigeria, street vendors comprise a large proportion of the wholesale and retail informal sector in the informal economy. Street vending serves as a viable economic means for many urban informal workers. However, it is criminalized. Street vendors are regularly harassed by law enforcement officials because their activity, particularly their use of public spaces, ostensibly poses urban planning and development challenges. In recognition of the decent work challenges facing informal workers, the International Labour Organization (ILO) adopted Recommendation 204 to facilitate the transition of workers from the informal to the formal economy. Nigeria has adopted this Recommendation; yet, contrary to the spirit of the Recommendation, the criminalization of street vending remains intact. This article argues for the implementation of a hybrid regime of property rights in order to realize Recommendation 204 and extend labour law protection in the informal economy.
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Furuoka, Fumitaka, Beatrice Lim, and Khairul Hanim Pazim. "Promotion of human rights by providing equal employment opportunities for the disadvantaged workers in ASEAN." AEI Insights: An International journal of Asia-Europe relations 6, no. 1 (January 30, 2020): 5–22. http://dx.doi.org/10.37353//aei-insights.vol6.issue1.1.
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The promotion and protection of human rights is a key political principle of ASEAN and the ASEAN member states have made efforts to safeguard human rights and freedom of all ASEAN citizens, including the disadvantaged workers. This paper examines the ASEAN countries’ commitment and labour policy to promote equal employment opportunities for women, the elderly and persons with disabilities. The findings of this study would provide better insights to the issues of human rights in the labour market among ASEAN countries. It can serve as a resource for researchers, practitioners and policymakers for policymaking in ensuring that disadvantaged workers are not excluded from being able to fully enjoy their right to work as their participation in the labour market could in turn be one of the solutions to reduce high unemployment rate suffered in some ASEAN countries.
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Kasyanenko, Tatyana, and Maria Rodina. "Educational Resources Developers’ Copyright Protection: Civil and Labour Law Issues." E3S Web of Conferences 210 (2020): 18022. http://dx.doi.org/10.1051/e3sconf/202021018022.
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Digital technologies development, expansion of distance learning forms application have given rise to the necessity of creating and placing substantial content both on open educational resources and those infrastructure websites of educational institutions with restricted access. This, in its turn, has led to the questions about authors and copyright holders of the content, distribution of renumeration from its commercial use, as well as the protection of the rights of subjects whenever there are violations of rights. Following a comparative legal analysis of the legislation of the Russian Federation and foreign countries, there is drawn a conclusion on the necessity of the additional development of educational resources developer’s copyright protection mechanisms.
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Lada, A. S. "Alternative extrajudicial forms of worker's labour rights protection: challenges and prospects." Voprosy trudovogo prava (Labor law issues), no. 01 (January 22, 2022): 48–55. http://dx.doi.org/10.33920/pol-2-2201-06.
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The author considers extrajudicial forms of protection of the employee's labor rights, not provided for in Art. 352 of the Labor Code of the Russian Federation. Analyzing the title of the article and its content, the author concludes that the title of the article does not correspond to its content, and therefore a change in the title of the article is proposed. Analyzing such a form of protection of the employee's labor rights as direct negotiations with the employer, the author draws attention to gaps in the legislation regarding the timing of their implementation and the legal mechanism for fixing them, in this regard, proposals are made to supplement the Labor Code of the Russian Federation. As the main reason for the low number of referrals to mediation in individual labor disputes, the author identifies her compensation for the employee, and therefore proposes to exempt the employee from the costs of paying for the mediation procedure. The article also considers the prospects for using the “complex” as a form of protection of the employee's labor rights.
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Ntovas, Alexandros X. M. "Maritime Labour Convention." International Legal Materials 53, no. 5 (October 2014): 933–1018. http://dx.doi.org/10.5305/intelegamate.53.5.0933.
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The Maritime Labour Convention (Convention) is a global legal instrument developed by the International Labour Organization (ILO) in Geneva. It was drafted with a view to completing the international regulatory regime for quality shipping as the “fourth pillar,” standing next to the International Convention for the Prevention of Pollution from Ships,the International Convention for the Safety of Life at Sea, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers. Its two fundamental aims are to ensure comprehensive and worldwide protection of the rights of seafarers, and in doing so, to also allow a level playing field for states and ship owners committed to providing decent working and living conditions for seafarers by protecting them from unfair competition on the part of substandard ships. To this end, the establishment of firm rules that can be flexibly implemented by state parties, while at the same time providing rigorous compliance and enforcement procedures to safeguard their integrity and efficiency, are important aspects underlying the Convention.
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Bhattacharjee, Dr Baloy. "An Analytical Research on Human Rights viz a viz Fundamental Rights in India." Journal of Legal Studies & Research 08, no. 01 (2022): 279–302. http://dx.doi.org/10.55662/jlsr.2022.8101.
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Human rights are the rights relating to overall development of every individual. Every citizen as well as non- citizens caries their rights wherever they go. Simultaneously human rights are essential for the overall development of every individual. In the constitution of India various provisions are there that reflects the basic rights which are also known as fundamental rights. But the thing is that there are some specified as well as some unspecified fundamental rights. But the most important thing is that in India there is Protection of Human Rights Act, 1993 with an objective of protecting human beings from violations of Human rights to prevent and punish any gross violation on human rights. India is the largest democracy of the world. Being a democratic country we have to protect our basic rights of the people. Government of India has also given due consideration to the recognition and protection of human rights. The Constitution of India recognizes those rights of the people and yawn them for every individuals concern. Then also violation of Human rights still exist by other form like forced labour, forced prostitution, immoral trafficking, low wages, gender discrimination etc.
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Vogt, Jeffrey S. "The Bangladesh Sustainability Compact: An Effective Tool for Promoting Workers’ Rights?" Politics and Governance 5, no. 4 (December 14, 2017): 80–92. http://dx.doi.org/10.17645/pag.v5i4.1093.
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The impetus for the Bangladesh Sustainability Compact was the Rana Plaza industrial disaster, which took the lives of roughly 1,200 garment workers and injured twice. The Compact required the fulfilment of several time-bound commitments by the Bangladesh government in two key areas—labour law reform and protection of the right to freedom of association and ensuring fire and building safety. The EU heralded the Compact as an innovative, multilateral approach to encourage its trade partners to comply with ILO core labour rights. The editors of this issue of Politics and Governance asked the contributing authors to examine effectiveness of trade and labour standards and to consider alternative mechanisms to advance workers’ rights. Specifically, they queried whether the Compact could be considered a new and effective alternative model. This hope appears misplaced.
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Marx, Axel, Brecht Lein, and Nicolás Brando. "The Protection of Labour Rights in Trade Agreements: The Case of the EU-Colombia Agreement." Journal of World Trade 50, Issue 4 (August 1, 2016): 587–610. http://dx.doi.org/10.54648/trad2016025.
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In response to the disappointing progress at the multilateral level, trading powers like the European Union (EU) have increasingly used their market access power as leverage to promote non-trade objectives with third countries. Through so-called ‘Trade & Sustainable Development Chapters’, the EU’s new generation of regional and bilateral trade agreements include explicit provisions on labour rights promotion, Corporate Social Responsibility and environmental sustainability. While legal scholars have commented extensively on these provisions, little is known about their practical application. With regard to labour rights in particular, the International Labour Organization has noted the lack of empirical evidence on the effects of integrating labour rights provisions in trade agreements. Based on extensive desk research and a series of interviews in Brussels and Bogotá, the present article aims to bridge this gap by providing insights into how the practical application of labour provisions and monitoring mechanisms plays out in a particular country context. Our findings identify significant shortcomings in both the design and application of the current sustainability chapters, affecting not only their effectiveness but also the credibility of the EU as a normative actor as a whole.
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Sacco, Airi Macias, Ana Paula Lazzaretti de Souza, and Sílvia Helena Koller. "Child and Adolescent Rights in Brazil." International Journal of Children’s Rights 23, no. 4 (December 21, 2015): 818–43. http://dx.doi.org/10.1163/157181811x611063.
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This paper presents a summary of the status of child and adolescent rights in Brazil. It describes the evolution of the legislation, particularly after the implementation of the Child and Adolescent Statute (eca). Analyzed topics include life, identity, health, protection, education, and housing. The violation of child and youth rights is also considered, with an emphasis on child labour, sexual violence, and exploitation. Although much progress has been made in terms of protecting and guaranteeing such rights, Brazil is far from attaining the ideals determined by the Convention on the Rights of the Child (crc) and the eca. For this to happen, a culture of respect for child and adolescent rights has to be implemented in Brazil.
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Izbienova, T. A., and A. K. Bezina. "Implementation of the Right of Workers Employed through the Internet Platforms to Unionize in European Countries and in the Russian Federation." Actual Problems of Russian Law 16, no. 2 (February 26, 2021): 88–101. http://dx.doi.org/10.17803/1994-1471.2021.123.2.088-101.
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The paper is devoted to examining some legal aspects of implementation of the right to unionize for individuals employed through the Internet platforms — digital applications that serve as a link between the participant providing the service and its consumer. The emergence of such intermediaries has become a part of digitalization of wage labor characterizing the beginning of the 4th Industrial Revolution. The modern labor market is characterized by instability due to the withdrawal of some sectors of the economy from the traditional Fordist model of labor organization. The instability caused desocialization of workers, their disintegration and had a negative impact on the traditional labour movemen that has always been expressed in the form of trade unions. In this regard, the authors’ objective is to investigate the prospects and legal grounds for creating unions of workers employed through the Internet platforms, as well as the legal specifics of their labor rights protection with due regard to their precarious legal status. To achieve this objective, it was necessary to resolve the issues of expediency, effectiveness of trade union protection of digital labor and the place of trade unions in social and partnership relations with the participation of workers employed through the Internet platforms. The author formulates the conclusion about the effectiveness of trade union protection of labor rights of workers employed through the Internet platforms, provided the socio-partner procedures are employed.
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Villar, Leo Bernardo. "Unacceptable Forms of Work in the Thai Sex and Entertainment Industry." Anti-Trafficking Review, no. 12 (April 2, 2019): 108–26. http://dx.doi.org/10.14197/atr.201219127.
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This article examines the working conditions in sex and entertainment work in Thailand using the Unacceptable Forms of Work (UFW) Framework. Criminalisation of sex work and insufficient oversight of labour conditions increase the vulnerability of sex workers to police harassment; prevent sex workers from accessing legal and social protections; and contribute to the decent work deficit in the sector. Protecting the human rights of sex workers and ensuring decent work in the Thai sex and entertainment industry necessarily involves the decriminalisation of sex work; amending labour and social protection laws, policies, and systems to be inclusive of sex workers; and ensuring implementation. Throughout the process of policy change, the involvement of sex workers, their employers, and civil society organisations is crucial.
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Walugembe, Patrick, Rita Larok, Noeline Nakibuuka, John Paul Nyeko, Joshua Thembo, Robert Wamala, and Cyprian Misinde. "Child Protection And Household Vulnerability." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 5, no. 1 (November 9, 2018): 254–72. http://dx.doi.org/10.22215/cjcr.v5i1.1246.
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This paper explores child protection based on three factors; child abuse, child labour and child substance abuse. The analysis is based on a cohort of 17,848 vulnerbale households and the children in therein studied over a period of four years under the “sustainable comprehensive repsonses for vulnerable children and tehir families project” implemented in rural Uganda between 2011 and 2017. We find overall child protection factors mentioned above improved over the four years alongside household vulnerability. Howveer we observe that compared to the rest of the vulnerable households, the children who had experience child abuse, used susbanctes and alcohol and experience child labour were less likely to transition out of vulnerability compared to the others. We also found out that these children were less likely to be enrolled in school over the foru years and were more likely to be absent from school. We conclude that poor child protection indtcaors amongst the vulnerable children compound their household and individual vulnerability and increase the likelihood that their basic rights will be violated. We recommend that child protection issues, and child rights specifically should be brought at the forefront of all child protection interventions.