Journal articles on the topic 'Social rights – Europe'
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Mikkola, Matti. "Social Rights as Human Rights in Europe." European Journal of Social Security 2, no. 3 (September 2000): 259–72. http://dx.doi.org/10.1023/a:1010028716459.
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Chiarella, Paola. "Social Rights and Europe: A Fragmented Solidarity." Rechtstheorie 48, no. 2 (June 2017): 161–74. http://dx.doi.org/10.3790/rth.48.2.161.
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Eide, Asbjørn. "Book Review: Social Human Rights of Europe." European Journal of Social Security 13, no. 2 (June 2011): 290–92. http://dx.doi.org/10.1177/138826271101300208.
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Sierra Benítez, Esperanza Macarena. "Sostenibilidad social en la industria 4.0. Desafío para la UE-2030 = Social sustainability in industry 4.0. Challenge for the EU-2030." CUADERNOS DE DERECHO TRANSNACIONAL 12, no. 1 (March 5, 2020): 413. http://dx.doi.org/10.20318/cdt.2020.5195.
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Resumen: Para 2030, el año en que la Industria 4.0 se establecerá plenamente en la sociedad europea, Europa debe superar grandes desafíos si no quiere perder esa combinación de democracia, derechos sociales y un estado avanzado de bienestar que de alguna manera se ha convertido en su marca registrada. La UE cuenta con dos ámbitos de actuación para afrontar dichos retos: el internacional (acuerdos comerciales, Alianza UE-África, Agenda 2030), y el propio ámbito de la UE (pilar europeo de derechos sociales). Entendemos que es fundamental que los acuerdos comerciales no sólo incluyan cláusulas que aseguren el cumplimiento de unos estándares determinados en materia de medio ambiente y ámbito laboral, sino que así mismo garanticen su efectividad (por ejemplo, mediante la supervisión de la OIT). Igualmente, para asegurar la efectiva aplicación del pilar europeo de derechos sociales, es necesario dotarlo de instrumentos normativos suficientes que garanticen su cumplimiento.Palabras clave: protección social, acuerdos internacionales, pilar europeo de derechos sociales, sostenibilidad social, industria 4.0.Abstract: By 2030, the year in which Industry 4.0 will be fully established in European society, Europe must overcome great challenges if it does not want to lose that combination of democracy, social rights and an advanced state of well-being that somehow has become its trademark. In order to meet these challenges, the EU can count on two lines of action: the international area (trade agreements, EUAfrica Alliance, 2030 Agenda), and the EU itself (European pillar of social rights). We understand that it is essential that trade agreements not only include clauses that ensure compliance with certain standards regarding the environment and work environment, but that also guarantee their effectiveness (for example, through ILO supervision). Likewise, to ensure the effective application of the European pillar of social rights, it is necessary to provide sufficient normative instruments to guarantee its compliance.Keywords: social protection, international agreements, European Pillar of social rights, social sustainability, Industry 4.0.
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Verhellen, Eugeen. "Children's rights in Europe." International Journal of Children's Rights 1, no. 3-4 (1993): 357–76. http://dx.doi.org/10.1163/157181893x00223.
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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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Petrov, Ivan I. "Not the Far-Right Only: Which Parties Occupy the Niche of Cultural Protectionism in the EU Countries?" RUDN Journal of Political Science 23, no. 4 (December 15, 2021): 692–705. http://dx.doi.org/10.22363/2313-1438-2021-23-4-692-705.
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In the 2010s many moderate parties in Europe began to use the agenda of the far-rights, competing with them on the same field. This article is devoted to the problem of inter-party competition in European countries amidst the rise of far-right parties. We also intended to check if the far-right profile is the same for all EU countries. To achieve the goal of the study, we used two databases on party positioning - MARPOR (Comparative Manifesto Project) and CHES (Chapel Hill Expert Survey). The study revealed that the consolidated family of the far-rights exists only in the countries of North-Western Europe, while in the countries of East-Central Europe the agenda of the far-rights is less consolidated and regionally heterogeneous. The mainstream competitors of the far-rights included mostly conservatives in North-Western Europe, and various parties, including the Social Democrats, in East-Central Europe. The study confirmed the hypothesis about the serious influence of the far-rights on mainstream politics. At the same time, it questioned the traditional approach which attributes the far-right profile only to far-right parties and ignores both regional differences and the factor of spatial competition.
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Peñalver i Cabré, Alexandre. "Human Right to Environment and Its Effective Protection in Catalonia, Spain and Europe." International Journal of Legal Information 42, no. 1 (2014): 121–34. http://dx.doi.org/10.1017/s073112650002833x.
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Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).
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Maack, Nils, and Rolf Birk. "The Council of Europe and Employee Involvement in Private Enterprises." International Journal of Comparative Labour Law and Industrial Relations 25, Issue 2 (June 1, 2009): 123–35. http://dx.doi.org/10.54648/ijcl2009011.
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This paper addresses the existing provisions in the European Social Charter (ESC) relating to employee involvement in private enterprises, namely the right to information and consultation and the right to workers’ participation. After providing an overview of the Charter’s historical development, its relationship with the European Union law and the infl uence on the domestic law of the Member States of the Council of Europe are discussed. There then follows a brief description of the enforcement mechanisms for social rights under the ESC: the reporting system and the collective complaint. The subsequent part illustrates the development of the right to information and consultation in the different versions of the Charter, also considering collective redundancy procedures. This paper concludes by examining the rights to workers? participation included in the Social Charter.
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Reianu, Diana-Gabriela, and Adela Nistor. "The European Pillar of Social Rights: Adding Value to the Social Europe?" On-line Journal Modelling the New Europe, no. 22 (June 30, 2017): 2–25. http://dx.doi.org/10.24193/ojmne.2017.22.01.
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Millns, Susan. "Book Review: Rewriting Rights in Europe." Social & Legal Studies 11, no. 1 (March 2002): 136–37. http://dx.doi.org/10.1177/096466390201100107.
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Бут, Олександр. "Strengths and weaknesses of the european social charter: increasing the effectiveness of the protection of social rights." InterConf, no. 26(129) (October 18, 2022): 169–76. http://dx.doi.org/10.51582/interconf.19-20.10.2022.018.
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Despite the general development of the states of the European continent and the provision of modern benefits of civilization to the majority of the population, socio-economic inequality continues to grow between countries and within developing countries, which negatively affects individuals and communities, as well as general economic development, social justice and functioning society. The COVID-19 pandemic has added urgency to the need for change. It revealed the strengths and sometimes serious weaknesses of the social rights protection systems in Europe. The pandemic has highlighted the need to strengthen the provision of economic and social rights and their effective protection as part of the overall system of collective guarantees for the protection of human rights in Europe. The ongoing economic recession will cause additional pressure on the scarcity of resources not only for the realization of social rights, but also to prevent their rollback, and Ukraine is no exception.
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Bhabha, Jacqueline. "Belonging in Europe: citizenship and post-national rights." International Social Science Journal 51, no. 159 (March 1999): 11–23. http://dx.doi.org/10.1111/1468-2451.00173.
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Graupner, Helmut. "Sexuality and Human Rights in Europe." Journal of Homosexuality 48, no. 3-4 (March 31, 2005): 107–39. http://dx.doi.org/10.1300/j082v48n03_07.
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Frericks, Patricia, Per H. Jensen, and Birgit Pfau-Effinger. "Social rights and employment rights related to family care: Family care regimes in Europe." Journal of Aging Studies 29 (April 2014): 66–77. http://dx.doi.org/10.1016/j.jaging.2013.12.002.
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Peraro, Cinzia. "Right to collective action in cross-border employment contexts: a fundamental social right not yet covered by EU private international law." UNIO – EU Law Journal 2 (June 1, 2016): 20–38. http://dx.doi.org/10.21814/unio.2.3.
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The purpose of this article is to describe the right to collective action in crossborder employment contexts, recognised as a fundamental social right at the national and European levels. On the one hand, some national Constitutional Courts, such as the Portuguese and Italian ones, have dealt with social rights and the economic crisis, and have clearly stressed the prevalence of constitutional social rights over austerity measures. On the other hand, Council of Europe documents and European Union law recognise social rights, but they do not offer a proper means of protection. The European Court of Justice case-law shows a complex interrelation between social rights and economic freedoms. The main issue concerns the existing EU private international law on collective action, which has led to an inconsistent system. A new European collective action framework could be a possible solution to effectively guarantee fundamental social rights.
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Gilbert, Geoff. "The Council of Europe and Minority Rights." Human Rights Quarterly 18, no. 1 (1996): 160–89. http://dx.doi.org/10.1353/hrq.1996.0006.
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Viciano Pastor, Roberto, and Rubén Martínez Dalmau. "Crisis del Estado Social en Europa: efectos en la generación del constitucionalismo social en América Latina." Revista Justiça do Direito 31, no. 3 (January 23, 2018): 485. http://dx.doi.org/10.5335/rjd.v31i3.7630.
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Crisis del Estado Social en Europa: efectos en la generación del constitucionalismo social en América Latina
Resumen: En Europa el Estado social se está erosionando frente a una sociedad que por un lado está perdiendo la motivación, mientras que por otro intenta resistir. Fruto de la debilidad de las disposiciones del constitucionalismo social, el modelo europeo de Estado social experimenta un proceso de transformación del que puede salir absolutamente erosionado, o puede superarse a sí mismo a través de más democracia, una Constitución más normativa y la plena exigibilidad de los derechos sociales. En América Latina, la falta histórica de experimentación plena del Estado social ha sido determinante en la aparición desde finales del siglo XX de nuevas Constituciones democráticas. Estas tienen ante sí el reto, nada fácil, de construir un modelo propio de Estado social adecuado a las necesidades de las sociedades latinoamericanas. En este contexto, el objeto del presente trabajo es analizar las diferencias en la construcción constitucional y evolución del Estado social en Europa y en América Latina, y explicar por qué en Europa podemos referirnos a una crisis del Estado social, mientras que en América Latina asistimos a diversos intentos de generación de un modelo propio de Estado social basado, en algunos países, en nuevos textos constitucionales que tienden hacia la superación de los modelos comparados de constitucionalismo social. En el primer apartado se analizan las razones de la crisis del Estado social en Europa y los retos hacia su superación. En el segundo apartado desarrollamos la problemática latinoamericana en la construcción de su propio modelo de constitucionalismo social, para concluir con el análisis conjunto de las dos experiencias.
Palabras clave: Constitucionalismo democrático. Derechos sociales; Estado social; Normatividad constitucional. Nuevo constitucionalismo latinoamericano.
Crisis of welfare state in Europe: effects on the generation of the social constitutionalism in Latin America
Abstract: The European Welfare State is falling; a part of the society is losing motivation, while the other part tries to resist. As a result of the weakness of the provisions of social constitutionalism, the European model of welfare state undergoes a transformation process with two alternatives: be finished, or be strengthened with more democracy, a more normative Constitution, and full guarantees for social rights. In Latin America, the historical lack of full experience of the Welfare state has been decisive in the appearance of new democratic Constitutions since the end of the 20th century. These Constitutions have the challenge, not easy, to construct a model of social state adequate to the needs of Latin American societies. In this context, the object of the present work is to analyze the differences in the constitutional construction and evolution of the social State in Europe and Latin America, and to explain why in Europe we can refer to a crisis of the social State, while in Latin America we attend to various attempts to generate a model of social state based, in some countries, on new constitutional texts that tend towards overcoming the comparative models of social constitutionalism. In the first section we analyze the reasons for the crisis of the social State in Europe and the challenges to overcome it. In the second section we develop the Latin American problematic in the construction of its own model of social constitutionalism, to conclude with the joint analysis of the two experiences.
Keywords: Constitutional normativity. Democratic constitutionalism. New Latin American constitutionalism. Social rights. Welfare State.
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Vícha, Ondřej. "The Concept of the Right to Cultural Heritage within the Faro Convention." International and Comparative Law Review 14, no. 2 (December 1, 2014): 25–40. http://dx.doi.org/10.1515/iclr-2016-0049.
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Abstract The paper deals with the protection of cultural heritage and defines its value to society within the Faro Convention, which was adopted by the Council of Europe in 2005. Author is focuses on the innovative concept of the “common heritage of Europe“ and its relationship to human rights and fundamental freedoms. The paper addresses the right to cultural heritage which is within the Faro Convention expressed as a dimension of the right to participate in the cultural life of the community and the right to education. In this context, the paper refers to other international human rights documents, such as the Universal Declaration of Human Rights or the International Covenant on Economic, Social and Cultural Rights. The paper also presents other individual principles and provisions of the Faro Convention regarding organisation of public responsibilities for cultural heritage or access to cultural heritage and democratic participation.
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Leijten, Ingrid. "Book Review: Social Rights in Europe in an Age of Austerity." Social & Legal Studies 28, no. 1 (October 31, 2018): 124–27. http://dx.doi.org/10.1177/0964663918809280.
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O'Gorman, Roderic. "The ECHR, the EU and the Weakness of Social Rights Protection at the European Level." German Law Journal 12, no. 10 (October 1, 2011): 1833–61. http://dx.doi.org/10.1017/s2071832200017582.
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Ever since the conceptual division of rights into three separate categories; civil, political and social, the legal status of social rights has been controversial. This divergence in views is illustrated by the decision of the Council of Europe in 1950 to protect civil and political rights through a judicial format where adherence to the European Convention on Human Rights (ECHR) was ensured by the European Court of Human Rights, whereas social rights were addressed separately through the European Social Charter (“Social Charter”), with merely a reporting mechanism to the European Committee of Social Rights.
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Petrushenko, Yuriy, Fedir Zhuravka, Vladyslav Shapoval, Lyudmila Khomutenko, and Olena Zhuravka. "Sustainable socio-economic development and Rainbow Europe Index." Problems and Perspectives in Management 19, no. 4 (December 21, 2021): 408–21. http://dx.doi.org/10.21511/ppm.19(4).2021.33.
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The issues of recognizing the rights of the LGBTQ+ community around the world and developing appropriate anti-discrimination policies and laws are one of the main topics for discussion in the global agenda. This is due to the commitment of the world community to protect human rights and meet the needs of society. The paper aims to assess the relationship between socio-economic development indicators of some European countries and the Rainbow Europe Index. To find out how discrimination against the LGBTQ+ community affects various social and economic development indicators of some European countries, a data matrix was developed and the Spearman rank correlation coefficient was calculated. The obtained results confirmed a positive relationship between the Rainbow Europe Index and GDP per capita, the Human Development Index, the Corruption Index, and the Index of Happiness. Calculations have shown that the Rainbow Europe Index had a significant impact on these indicators. The study proved the dependence of indicators and demonstrated the need to provide freedoms and rights for LGBTQ+ affiliated members in Ukraine and other European countries. AcknowledgmentThis paper is published as a part of research projects “Convergence of economic and educational transformations in the digital society: modeling the impact on regional and national security” (No. 0121U109553) and “Reforming the lifelong learning system in Ukraine for the prevention of the labor emigration: a coopetition model of institutional partnership” (No. 0120U102001).
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MOSES, JULIA. "SOCIAL CITIZENSHIP AND SOCIAL RIGHTS IN AN AGE OF EXTREMES: T. H. MARSHALL'S SOCIAL PHILOSOPHY IN THELONGUE DURÉE." Modern Intellectual History 16, no. 1 (June 6, 2017): 155–84. http://dx.doi.org/10.1017/s1479244317000178.
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This article demonstrates how T. H. Marshall's conceptualization of sociology—its subject, key questions and methodology—was embedded within broader moments in twentieth-century political history, including two world wars, the economic crisis of the interwar era, the onset of the Cold War and the rise of decolonization. In doing so, it brings intellectual history and the history of academic disciplines (particularly sociology) together with more recent trends in the historiography of twentieth-century Europe, including research on postwar democratization, reconstruction and the global spread of human rights discourses. Marshall was a sociological thinker in what Eric Hobsbawm has called the “age of extremes,” whose understanding of social citizenship not only played a role in theorizing the welfare state in postwar Britain, but also helped shape reconstruction within Europe and international development efforts following decolonization. In this respect, Marshall was part of a transnational and global movement to recast key concepts such as democracy, human rights and citizenship after the Second World War. This broader perspective illuminates how his work straddles traditions of pluralism and idealism, liberalism and social democracy, rather than being simply representative of any one of these schools of thought.
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Fekete, Liz. "The deportation machine: Europe, asylum and human rights." Race & Class 47, no. 1 (July 2005): 64–78. http://dx.doi.org/10.1177/0306396805055083.
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Börner, Stefanie. "Marshall revisited: EU social policy from a social-rights perspective." Journal of European Social Policy 30, no. 4 (April 23, 2020): 421–35. http://dx.doi.org/10.1177/0958928720904330.
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The common legal and economic framework of the European Union (EU) has turned the vast socio-economic differences within Europe into virulent problems of social inequality – issues that it attempts to tackle within its limited resources. The article takes the EU’s self-expressed social commitment as a starting point and analyses its approaches to social policy from a social-rights perspective. It first discusses why Marshall’s social-citizenship concept provides a useful analytical tool to assess the social policies enacted so far at the European level and then presents an institutional analysis of the EU’s four major social-policy activities: harmonising, funding, coordination and cooperation. This analysis focuses on the horizontal and vertical relationships and the addressees of these policies to determine how these policies measure up against social-rights standards. The findings point to the poor development of transnational social citizenship given the special nature of EU social policies. The only social rights that exist at the European level are in the field of social-security coordination. And even those are marked by a double selectivity that excludes citizens who are not transnationally active and those who are but lack the necessary means to provide for themselves.
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Buysse, Lieven, and Pascal Rillof. "Civil Rights and Participating in Today's Multilingual Europe." FITISPos International Journal 6, no. 1 (April 30, 2019): 12–27. http://dx.doi.org/10.37536/fitispos-ij.2019.6.1.232.
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Abstract: Today’s European society is incrementally superdiverse, which raises all sorts of challenges as well as concerns about the degrees to which people from varying backgrounds can be integrated in society. Key to such integration is access to public services, since precisely these facilities cater for people’s basic needs and guarantee that they can exercise their civil rights. All too often language barriers pose an insurmountable obstacle to adequate service provision in many vital areas such as healthcare, social welfare, and education. Legislative frameworks should be developed, both at a supranational and a national level in order to establish the right to high-performing public service interpreting and translation, and more generally, policy frameworks for effective communication with anyone appealing to public services.Resumen: La sociedad europea actual es cada vez más diversa, lo que desencadena toda clase de retos e inquietudes acerca del nivel en el que personas con distintos orígenes pueden integrarse en la sociedad. El acceso a los servicios públicos es un elemento clave en este proceso, ya que precisamente en estas instalaciones se responden ante las necesidades básicas de los ciudadanos y se garantiza que puedan ejercer sus derechos civiles. Las barreras lingüísticas con frecuencia plantean muros insuperables a la hora de proporcionar servicios en áreas básicas, como la sanidad, la asistencia social y la educación. Deben desarrollarse marcos legislativos tanto a nivel supranacional como nacional para establecer el derecho a una traducción e interpretación eficiente en los servicios públicos y, de forma más general, marcos políticos destinados a garantizar una comunicación efectiva para todo aquel que recurra a un servicio público
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吳盈德, 吳盈德. "A Perspective on Corporate Social Responsibility in the Europe." 中正財經法學 20, no. 20 (January 2020): 1–70. http://dx.doi.org/10.53106/207873752020010020001.
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The European legislative and regulatory efforts for corporate accountability are broad in scope, encompassing a diversity of concerns for corporate transparency; the overall protection of human rights; the protection of animals and the physical environment; the rights of the consumer; the rights of the workers; and the impact of multinational firm operations on the local communities in efforts to generate shareholder wealth. A major legal issue with cases of corporate misbehavior on a global scale has been the rights of certain courts to hear corporate irresponsibility claims filed against companies which operate abroad. An outcome of the explosive growth of industry, the exploitation of poor countries with deficient critical infrastructures by multinational corporations has continued to plague society through blatant abuses of the physical environment as well as basic human rights. Nonetheless, poor countries continue to pursue financial investments from multinational corporations as well as from global sources of public aid. The European Union has endeavored to regulate such relationships in order to protect human rights and preserve the environment. This article provides an overview of corporate social responsibility in the European Union with a case study of the social and economic impact of the Royal Dutch Shell business activities and performance in the Niger Delta. The outcomes for European corporations who do not incorporate the principles of corporate social responsibility in their business structure and activities include lawsuits based upon claims of environmental degradation and socioeconomic exploitation. The integration of corporate social responsibility into the European corporate business practices and operations has a limited yet positive affect on the financial performance of the firm.歐盟對於企業問責制的立法規範可說是不遺餘力，涉及層面廣，包含對公司透明度的各種關注、人權全面保護、動物與實體環境的保護、消費者權利、勞工權利及跨國企業一心一意為股東創造財富的營運模式對於當地社區的影響。企業在世界各地的不當行為案例所引發的重大法律議題，長久以來的爭議，是特定法院是否有權審理海外公司因不負責任為由遭到控訴的案件。工業爆炸性成長的後果是跨國公司不斷利用關鍵基礎設施缺乏的貧窮國家，持續公然濫用自然環境和基本人權，為社會帶來紛擾與不安。儘管如此，貧窮國家仍繼續尋求跨國公司和全球公共援助來源的金融投資。歐盟一直努力規範這層關係，以便保護人權及保存環境資源。本文透過荷蘭皇家殼牌集團在尼日河三角洲的商業活動及表現，產生的社會經濟影響實際案例，概述歐盟的企業社會責任。未將企業社會責任原則納入旗下業務結構和活動的歐盟企業，面臨的後果包括以環保破壞與社會經濟剝削為基礎提起的訴訟。將企業社會責任原則併入歐盟企業實務營運會對企業的財務表現產生有限、卻正面積極的影響。
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Jaeger, Markus. "The Additional Protocol to the European Social Charter Providing for a System of Collective Complaints." Leiden Journal of International Law 10, no. 1 (March 1997): 69–80. http://dx.doi.org/10.1017/s0922156597000058.
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The European Social Charter (ESC) was signed in 1961 and has been in force since 1965. Protecting 19 fundamental rights, it was conceived as the counterpart, in the field of social and economic rights, to the European Convention on Human Rights. However, it was considered to have several shortcomings as a human right instrument, namely a slow, confusing and government-controlled monitoring mechanism as well as a list of protected rights that was incomplete. This last criticism was partly met by the Additional Protocol to the Charter of 1988, which guaranteed four additional rights. However, an informal Ministerial Conference on Human Rights held in Rome on 5 November 1990 acknowledged that one had to go further. The ministers invited the Committee of Ministers of the Council of Europe to take the necessary steps for a detailed study of the role, content, and operation of the European Social Charter with a view to giving it a new impetus. In response, the Committee of Ministers authorized the convening of an ad hoc committee, the Committee on the European Social Charter (the so-called “Charte-Rel Committee”). It was instructed to make proposals for improving the effectiveness of the Charter and, in particular, the functioning of its supervisory machinery. In carrying out its task, the Committee consulted the international representatives of management and labour, including the European Trade Union Confederation (ETUC) and the Union of the Confederations of Industry and Employers of Europe (UNICE), as well as the International Labour Organization (ILO) at all stage.
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Oser, Jennifer, and Marc Hooghe. "Give Me Your Tired, Your Poor? Support for Social Citizenship Rights in the United States and Europe." Sociological Perspectives 61, no. 1 (March 26, 2017): 14–38. http://dx.doi.org/10.1177/0731121417697305.
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This article investigates whether the commitment to social rights as integral to a well-functioning democracy exists among Americans in comparison with their European counterparts. In our comparison of data from the European Social Survey in 2012 with a special parallel module of the U.S. Cooperative Congressional Election Survey in 2014, the findings suggest that similar conceptions of ideal democracy are found on both sides of the Atlantic. Although Americans are less likely than Europeans to consider fighting poverty and reducing income inequality as important democratic ideals, the analysis shows that the United States is not exceptional in the existence of a social rights conception of democracy. A distinct feature of U.S. public opinion is that support for social rights is more strongly associated with a left-right divide than in Europe. The observed congruence between policy and public opinion in the United States highlights the importance of investigating the direction of causality between both phenomena.
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Zontini, Elisabetta. "Resisting Fortress Europe." Focaal 2008, no. 51 (June 1, 2008): 13–27. http://dx.doi.org/10.3167/fcl.2008.510103.
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This article considers the political engagement used by Moroccan and Filipino women in Southern Europe. It argues that immigrant women should be seen as active subjects rather than passive victims who accept subordinate roles both in their families and in the societies where they have settled. In order to appreciate the kind of political agency migrant women deploy, the article suggests two preliminary steps: extending the definition of the political so as to incorporate power and inequalities beyond political institutions, and adopting a transnational perspective so as to include the social fields encompassing more than one country in which these women operate. The article goes on to describe the different ways in which the two groups of women negotiate their citizenship rights in Southern Europe, focusing especially on how they negotiate entrance and rights to settle and how they try to improve their living and working conditions.
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Skorupinska, Katarzyna. "Employee Rights and Labour Relations in Central and Eastern Europe." Journal of Global Economy 6, no. 5 (December 31, 2010): 343–56. http://dx.doi.org/10.1956/jge.v6i5.71.
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Transformation of economies in Central and Eastern Europe countries has not been accompanied by sufficient guarantees for social dimension. Following that, the economic recession has particularly badly affected these countries. However, well-functioning social dialogue and regulated labour relations with well developed employee rights are the very bases of social guarantees. The analysis carried out in this paper leads to a conclusion that employee representation in workplaces in Central and Eastern Europe is still trade unions’ domain, in spite of the 2002 Directive’s implementation and (in general) dual system of worker representation in these countries. Initially, trade unions were afraid of the competition from works councils. With the passing of time, they toned down their inimical attitude towards these institutions. However, employees have not completely accepted the new form of worker participation yet and the number of works councils in these countries is still relatively small.
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Branco, Ana Sofia. "Asylum policies in Europe: ethical implications for Social Work." Revista Temas Sociais, no. 3 (December 30, 2022): 66–82. http://dx.doi.org/10.53809/ts_iss_2022_n.3_66-82.
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Following the 2008 financial crisis and with the increase of migrants movements since 2015 the welfare policies across EU are increasingly becoming instruments for limiting mobility of migrants from outside the EU borders. In this article we focus on the implications that asylum policies have for the interventions of social workers and the ethical dilemmas that they face. This article is the result of an exploratory work. Thus, based on the author's PhD dissertation, as well as resorting to her professional experience as a social worker, she carried out a literature review to identify a set of articles that analyse the practice of Social Work with asylum seekers and refugees and the ethical issues and challenges associated with it. The main goal of this article is to contribute to the reflection on the role of the social worker in safeguarding human rights of this population.
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Alexiadou, Elisavet Athanasia. "Ethnic Diversity and Access to Healthcare from a Human Rights Perspective: The Case of the Roma in Europe." European Journal of Health Law 25, no. 3 (February 22, 2018): 261–83. http://dx.doi.org/10.1163/15718093-12530367.
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Abstract Roma, the largest and oldest ethnic group in Europe, systematically encounter difficulties in healthcare settings, while they are often exposed to high levels of poverty and social exclusion, adversely affecting their health and well-being. In light of this disturbing situation, this paper sets out to examine Roma access to healthcare in Europe from a human rights perspective. This will be followed by an assessment of the status of the Roma right to health (care) within a particular national reality (resource constraints and rising health inequalities). In fact, this case study tends to serve as a piece of discussion about issues relating to Roma access to healthcare, many of which exist (to some extent) in every country across Europe. Finally, practical recommendations are proposed as a way for remedying human rights abuses against Roma in healthcare settings and ultimately, for effectively realizing the Roma right to health (care).
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BREZINA, Tetiana M., Nadiia P. BORTNYK, and Iryna Yu KHOMYSHYN. "Access to Justice: Ukraine and Europe." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1122. http://dx.doi.org/10.14505//jarle.v11.4(50).06.
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The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.
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Christiaens, Kim. "European Reconfigurations of Transnational Activism: Solidarity and Human Rights Campaigns on Behalf of Chile during the 1970s and 1980s." International Review of Social History 63, no. 3 (August 16, 2018): 413–48. http://dx.doi.org/10.1017/s0020859018000330.
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AbstractThe overthrow of the democratically elected socialist president Salvador Allende in Chile and the human rights violations under the military junta of Augusto Pinochet spawned one of the most iconic and sustained human rights campaigns of the Cold War. Human rights scholars have argued that this movement on behalf of Chile signalled the “breakthrough” of human rights as the lingua franca of transnational activism. They have emphasized the global dimensions of these campaigns, which inspired movements mobilizing on behalf of other issues in the Third World. However, such narratives have not been corroborated by research on the campaigns as developed in Europe. Historians have so far focused on the impact of the Chilean crisis in specific countries or on particular organizations, and on the ways in which human rights activism was coloured by local and national contexts. This article aims to shift the scope of the debate by establishing relations with and crossovers from other transnational causes and campaigns, analysing the ways in which campaigns on behalf of Chile became intimately related to campaigns on intra-European issues during the 1970s and 1980s. It explores the so far little-studied connections between campaigns over Chile and simultaneously burgeoning movements on behalf of East–West détente, resistance against authoritarian regimes in Southern Europe, and the plight of dissidents in Eastern Europe. It argues that campaigns on behalf of Chile were reconfigured around European themes, created bonds of solidarity within a divided Europe, and drew on analogies rather than a juxtaposition between Europe and the Third World.
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Tanasescu, Tudor. "THE COUNCIL OF EUROPE AND ITS MECHANISMS FOR PROTECTING AND GUARANTEEING HUMAN RIGHTS." Agora International Journal of Juridical Sciences 10, no. 2 (December 28, 2016): 42–52. http://dx.doi.org/10.15837/aijjs.v10i2.2802.
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The Council of Europe represents the main regional/European international intergovernmental organization in which the most efficient mechanisms for guaranteeing and protecting human rights have been initiated and developed.The mechanisms implemented by this organization, aiming to protect and guarantee human rights, established through the conventional judicial tools adopted by the Council of Europe are: The European Court for Human Rights (jurisdictional mechanism), established by the European Convention on Human Rights, the conventional non-jurisdictional mechanisms for monitoring, as well as the system of regularly reporting and that of the collective complaints, employed by the European Committee for social rights, created based on the European Social Charter and its two protocols of 1991 and 1995, and the preventive control based on inquiries carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, based on the European Convention of the Prevention of Torture.Added to these some extra-conventional mechanisms are considered, such as The European Commission against racism and intolerance and The Commissioner for Human Rights at the Council of Europe.
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Checkel, Jeffrey T. ""Going Native" In Europe?" Comparative Political Studies 36, no. 1-2 (February 2003): 209–31. http://dx.doi.org/10.1177/0010414002239377.
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This article advances hypotheses linking specific European institutions to changes in agent preferences, with the objective to explore the pathways and mechanisms through which such shifts occur. Drawing on work in social psychology and communications research, the author develops a micro-, process-, and agency-based argument on the nature of social interaction within institutions. Empirically, he examines committees of the Council of Europe, the main European rights institution, asking whether the preferences/interests of social agents changed as they discussed and debated issues. Put differently, did they "go native" in Strasbourg? Theoretically, a series of scope conditions for when argumentative persuasion will be effective in "changing minds" is advanced. By thus defining clear domains of application, the article contributes to a central goal of this special issue: building bridges to other-rationalist, in this case-views on social interaction.
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Weber, Beverly. "“We Must Talk about Cologne”: Race, Gender, and Reconfigurations of “Europe”." German Politics and Society 34, no. 4 (December 1, 2016): 68–86. http://dx.doi.org/10.3167/gps.2016.340405.
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The perceived crisis triggered by the current refugee influx highlights the contradiction at the heart of human rights discourse. Modern humanity has been constructed as both European and as universal; the racialized “Other” against whom the “modern human” disturbs this construction by laying claim to human rights from the very heart of Europe. The sexualized violence reported in Cologne on New Year’s Eve fed into racialized fears of refugees and immigrants promoted by groups on the radical right, even as racialized fears returned to mainstream discourses. Critical responses to the racism of the radical right unfortunately also participate in racialized discourses by resorting to “Europe” or “European values.” This analysis suggests the need to consider Europe as a field of power, one in which the contestation over what Europe is or should be results in concrete, racialized disparities in access to social mobility, education, or public agency. A project for racial, gender and economic justice requires the thinking of Europe as an ongoing project of world-making. The call to revisit or reclaim “European” values cannot succeed here. Nor can a response to the new right (or the newly normalized racism of the center) allow the new right to determine the parameters of debates about possibilities for the future.
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Eliasoph, Ian H. ""A switch in time" per la Comunitŕ Europea? La dottrina Lochner e la rimodulazione dei diriti economici e sociali in Europa." GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI, no. 122 (July 2009): 305–36. http://dx.doi.org/10.3280/gdl2009-122004.
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- This essay undertakes a comparative analysis of debates related to the legacies of the Lochner era in the US with contemporary debates in Europe. It demonstrates that in the 1980s and early 1990s the governance of the EC began to assume characteristics reminiscent of Lochner era governance. In particular, concerns arose that the ECJ was undermining state-level social regimes via an activist jurisprudence that tended towards negative integration by favoring Community-wide economic rights over state-level social protections. Over the last fifteen years there has been a substantial effort to recalibrate this approach. However, in contrast to the demise of Lochnerism in the US, the EC and its Member States have reacted by vesting the ECJ with broader authority to determine policy. The Article concludes that the Lochner era serves as a paradigmatic anti-model that the ECJ can only ignore at its extreme peril.Key words: Lochnerism; Supreme Court of the United States; European Union; European Court of Justice; Social rights; Economic rights.Parole chiave: Dottrina Lochner; Corte Suprema degli Stati Uniti; Unione Europea; Corte di Giustiza europea; Diritti sociali; Diritti economici.
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Chui, Wing Hong. "Prisoners' Right to Vote in Hong Kong: A Human Rights Perspective." Asian Journal of Social Science 35, no. 2 (2007): 179–94. http://dx.doi.org/10.1163/156853107x203423.
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AbstractAccording to Article 26 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, permanent residents shall have the right to vote and the right to stand for election in accordance with the law. In the eyes of the public, voting is a fundamental right of democracy and promotes citizen participation in choosing the people to represent them in the political system. It is true to say that, 'an inclusive democracy values all of its citizens' (Right to Vote, 2005). However, does every citizen who is above 18 years old have the right to vote in Hong Kong? While prisoners are deprived the right to vote in Hong Kong, other jurisdictions such as the United Kingdom, Europe, and Canada currently practise criminal disenfranchisement in more limited ways. To fill the gap, this paper aims to examine whether laws should be reviewed and amended to remove the barrier to voting faced by the prisoner in Hong Kong. It argues that Hong Kong should grant the right of prisoners to vote through examining relevant laws and several landmark court cases.
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Mishchenko, Alina, Valentyna Lukianets-Shakhova, Anna Abdel Fatah, Tetiana Sklema, and Hanna Ustinova-Boichenko. "Legal limitations of socio-economic rights: positive and negative experience of Europe." Revista Amazonia Investiga 11, no. 51 (April 20, 2022): 312–21. http://dx.doi.org/10.34069/ai/2022.51.03.31.
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The article shows the review of legislative restrictions in European countries which deal with the limitations of the socio-economic rights of the population. The research aims to analyze the limits of human and civil rights and freedoms in modern conditions and directly related relations based on the study and generalization of the doctrinal heritage of legal science, current European legislation, and practice of its application. The article highlights the critical analysis of scientists' opinions on the formation and limitation of socio-economic rights, makes a general assessment of the legislative regulation of this issue. As a result, the features of legislative protection of human rights in European countries, the place of socio-economic rights in the general human rights, and their importance for the socio-economic development of society are shown. Furthermore, the main principles of legislative regulation and practical restrictions are shown: the supreme source of law, indivisibility, and interrelatedness of rights, the doctrine of the supreme public right over the individual one, the principle of formation of rights and restrictions under the national specifics. All this allowed, as a result, to make a comparative analysis of the positive and negative experience of state regulation of socio-economic rights and summarize the conclusion that ensuring social and economic rights of some people can create prerequisites for the formation of socio-economic restrictions for others. In such situations, the state must perform a controlling function, which will ensure a balance between the rights of some parties and the limits of others.
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Hendrickx, Frank. "Fundamental Social Rights in Pre- and Post-Constitutional Terms." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 3 (September 1, 2006): 407–33. http://dx.doi.org/10.54648/ijcl2006021.
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Abstract. Fundamental social rights have come a long way in the history of the European Union. Until recently, with the currently contested EU Constitutional Treaty, the Union showed a willingness to adopt a binding instrument containing fundamental social rights. This article argues that the newly pledged fundamental rights would have a considerable impact on both EU as well as Member State policies. The paper also outlines the development of fundamental social rights in the European Union and shows a lack of a clear and uniform approach to the fundamental rights debate in Europe. It is argued that a more general ?constitutionally coloured? fundamental rights pathway must be distinguished from the social policy track, but that the two approaches have merged over the years, finding a synthesis in the Charter on Fundamental Rights incorporated into the Constitutional Treaty. The focus is therefore on a pre-constitutional and a post-constitutional understanding of fundamental social rights.
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Garofalo Geymonat, Giulia. "Disability Rights Meet Sex Workers’ Rights: the Making of Sexual Assistance in Europe." Sexuality Research and Social Policy 16, no. 2 (February 2, 2019): 214–26. http://dx.doi.org/10.1007/s13178-019-0377-x.
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Baldi, Gregory, and Sara Wallace Goodman. "Migrants into Members: Social Rights, Civic Requirements, and Citizenship in Western Europe." West European Politics 38, no. 6 (May 22, 2015): 1152–73. http://dx.doi.org/10.1080/01402382.2015.1041237.
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Giubboni, Stefano. "European Citizenship and Social Rights in Times of Crisis." German Law Journal 15, no. 5 (August 1, 2014): 935–63. http://dx.doi.org/10.1017/s2071832200019210.
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European citizenship celebrated its twentieth anniversary during the most difficult and uncertain moment of the Union's crisis. The real economy has now been fully saturated by the financial crisis far beyond the borders of the Euro-Mediterranean area, with devastating social effects in those countries most affected. The prolonged vertical drop of the gross domestic product in Greece—the epicenter of the crisis—has been intertwined with a dramatic and unprecedented growth of levels of unemployment and social suffering in a vortex destructive to the point of validating the perception, now widespread not only within the bewildered public opinion of that unfortunate country, that the “rescue” of the Union has been based on a cure that is worse than the disease. The recent general elections in Italy, a country key for the stability and indeed the survival of the Euro-zone, have produced a situation of fragmentation and political instability that is both unprecedented and disquieting. Among the few elements of certainty in Italy can be found a widespread Euro-skepticism, if not an openly anti-European mood, that is also unprecedented in the history of the country's public opinion, which historically is among the most favorable towards a strengthening of the integration process. With the worsening of the economic and social crisis, the very tenacious confidence in Europe as a positive “external constraint” which has supported Italy's efforts towards reforms, commencing with its admission into the Euro-zone in the latter 1990s until the most recent experience of the technocratic government headed by Mario Monti, seems to have declined. Everywhere in Europe, a sense of frustration and distrust in recent years has grown against the Union and its frantically sought capacity to respond to the crisis without finding truly effective outcomes.
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Houwerzijl, Mijke, and Terry Wilkinson. "The Effects of EU Law on the Social and Economic Goals of Europe 2020: A Decision Theoretic Approach to Wage Liability Regimes in Modern Europe." German Law Journal 14, no. 10 (October 1, 2013): 1981–2003. http://dx.doi.org/10.1017/s2071832200002601.
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In the current European social and political climates there is much focus on forming the European Union into a more integrated, sustainable, and globally competitive economic market. This ideology is especially reflected in the aims of the EU 2020 agenda. With regards to these economic goals, it is very important that European law protects the economic freedoms of all participants in the internal market. Considering the alternative and concurrent 2020 goals of social integration, social cohesion, and human rights protection, EU law is also bound to protect the rights of workers and the public interest.
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Marcus, Isabel. "Compensatory Women's Rights Legal Education in Eastern Europe: The Women's Human Rights Training Institute." Human Rights Quarterly 39, no. 3 (2017): 539–73. http://dx.doi.org/10.1353/hrq.2017.0032.
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Alekseev, Alexander. "“Defend your right!” How the populist radical right uses references to rights and freedoms to discursively construct identities." New Perspectives 29, no. 4 (October 31, 2021): 376–416. http://dx.doi.org/10.1177/2336825x211052973.
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The article explores how the European populist radical right uses references to rights and freedoms in its political discourse. By relying on the findings of the existing research and applying the discourse-historical approach to electoral speeches by Marine Le Pen and Jarosław Kaczyński, the leaders of two very dissimilar EU PRR parties, the Rassemblement National and the Prawo i Sprawiedliwość, the article abductively develops a functional typology of references to rights and freedoms commonly used in discourses of European PRR parties: it suggests that PRR discourses in Europe feature references to the right to sovereignty, citizens’ rights, social rights, and economic rights. Such references are used as a coherent discursive strategy to construct social actors following the PRR ideological core of nativism, authoritarianism, and populism. As the PRR identifies itself with the people, defined along nativist and populist lines, rights are always attributed to it. The PRR represents itself as the defender of the people and its rights, while the elites and the aliens are predicated to threaten the people and its rights. References to rights in PRR discourses intrinsically link the individual with the collective, which allows to construct and promote a populist model of ethnic democracy.
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Polomarkakis, Konstantinos Alexandris. "The UK out, Social Europe in? Rethinking EU social integration in the wake of Brexit." Northern Ireland Legal Quarterly 69, no. 3 (September 6, 2018): 291–310. http://dx.doi.org/10.53386/nilq.v69i3.165.
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This article considers the impact of Brexit on the future of Social Europe. Through recourse to key moments in the history of European social integration, where Britain more often than not vehemently opposed any coming together, its role as an important veto player in EU social policy-making is established. With the UK set to leave the Union, the option for further social integration is no longer inconceivable. It is featured as one of the possible scenarios in the Reflection Paper on the Social Dimension of Europe, and recent developments, such as the European Pillar of Social Rights, together with its accompanying initiatives, appear to lay the groundwork towards that. The article concludes that, although the realisation of Social Europe is more likely post-Brexit, there are other Member States willing to take over the UK’s role and act as veto players on their own terms.
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Allen, Tom. "LIBERALISM, SOCIAL DEMOCRACY AND THE VALUE OF PROPERTY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS." International and Comparative Law Quarterly 59, no. 4 (October 2010): 1055–78. http://dx.doi.org/10.1017/s0020589310000448.
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In most of Europe, expropriation must comply with the standards set under European human rights law. Article 1 of the First Protocol (‘P1-1’) to the European Convention on Human Rights declares that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions.’ The European Court of Human Rights has stated that the right would be ‘largely illusory and ineffective’ if it did not guarantee full compensation in all but exceptional circumstances.1It is quite clear, however, that this was not the belief of at least some of the States that had signed it when it came into force in 1954. P1-1 makes no reference to compensation. An interference must be lawful, and in the public or general interest, but there is nothing that expressly requires compensation. Nevertheless, the Court has declared that any interference with the right to the peaceful enjoyment of possessions must strike a ‘‘fair balance’ between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights’,2and this means that expropriation without compensation that is reasonably related to the value of the property would normally violate the owner's rights under P1-1.3