Articoli di riviste: "Human rights workers"

1

Savage, Larry. "Workers' Rights as Human Rights". Labor Studies Journal 34, n. 1 (5 gennaio 2009): 8–20. http://dx.doi.org/10.1177/0160449x08328889.

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In the wake of a series of prolabor Supreme Court decisions in Canada, the mantra of “workers' rights as human rights” has gained unprecedented attention in the Canadian labor movement. This article briefly reviews the Canadian labor movement's recent history with the Supreme Court before arguing that elite-driven judicial strategies, advocated by several academics and Canadian unions, threaten, over time, to depoliticize traditional class-based approaches to advancing workers' rights. The argument is premised on the notion that liberal human rights discourse does little to address the inequalities in wealth and power that polarize Canadian society along class lines.

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Kaminski, Michelle, e Francine Moccio. "Workers' Rights as Human Rights". Labor Studies Journal 34, n. 1 (3 febbraio 2009): 5–7. http://dx.doi.org/10.1177/0160449x08328948.

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Flanagan, Robert J., e James A. Gross. "Workers' Rights as Human Rights". Industrial and Labor Relations Review 57, n. 4 (luglio 2004): 623. http://dx.doi.org/10.2307/4126691.

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Doyle, Kevin J. "Workers' Rights as Human Rights". WorkingUSA 8, n. 4 (giugno 2005): 512–16. http://dx.doi.org/10.1111/j.1743-4580.2005.00034_3.x.

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Anggraini, Sagita Dwi. "Perlindungan Hukum Pekerja Atas Penahanan Ijazah Yang Dilakukan Pengusaha". Jurnal Kajian Konstitusi 2, n. 1 (15 giugno 2022): 74. http://dx.doi.org/10.19184/jkk.v1i3.25599.

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ABSTRACT: Employment is one of the human rights needs of citizens as stipulated in Article 27 paragraph (2) of the Constitution of the Republic of Indonesia year 1945. In employment law, employment agreements are an effort to protect workers. In reality there are not a few companies that apply the detention of worker diplomas as collateral in employment relationships that result in the emergence of various problems and weaken the bargaining position of workers in industrial relations. The purpose of the establishment of legislation on employment was formed to provide guarantees of human rights for workers but in fact in the employment relationship employers apply more policies that only provide benefits for employers (Profit Oriented). This study uses normative juridical law research methods in collaboration with legal approaches and conceptual approaches that utilize legal materials consisting of primary legal materials, secondary legal materials, and terrier legal materials. The results of this study show that workers are most harmed by the system of detention of worker diplomas as collateral in employment relationships. This is due to the loss of workers' human rights to be able to choose the job as they wish and the right to move workplaces to obtain better wages that can prosper workers and their families as stipulated in the constitution and positive laws of the Unitary State of the Republic of Indonesia. It is therefore important to pay attention to the conditions of workers to obtain legal protection of their human rights because, human rights are a basic right inherent to everyone and must be protected by law, including the human rights of workers to control their personal documents.

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Imron, Ali, e Hermawan Rizki Hunawa. "The Fulfilment of Workers' Rights in the Dimension of Human Rights based on Indonesian Manpower Law". IJCLS (Indonesian Journal of Criminal Law Studies) 6, n. 1 (30 maggio 2021): 37–52. http://dx.doi.org/10.15294/ijcls.v6i1.29400.

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which is regulated in Article 88 paragraph (1) in Law Number 13 of 2003 concerning manpower. However, in reality there are still many companies that ignore the rights of their workers' wages, which should be a normative right that must be fulfilled by the employers of the workers themselves. There are still many companies that fulfill the rights of workers / laborers themselves, which are still very concerning and there are still many companies that ignore the rights of the workers themselves. Which in itself is a current employment problem. And we often see that many layoffs that occur in Indonesia are caused by the dissatisfaction of an entrepreneur with the performance of his workers. In this case it is due to the unfulfilled rights of the workers themselves, especially from the fulfillment of wage or salary rights. With the fulfillment of workers' rights, this can have many positive impacts that occur between employers and workers themselves. In addition to enhancing the harmonious relationship between employers and workers, this can improve the welfare of the workers' economy and will show a good quality of performance for the company and devote all their loyalty to the company. Before carrying out work where the employer provides it, it is necessary to establish a work agreement and a collective labor agreement between the employer and the worker, in which this is done to protect what should be the right of both parties. And no less important, the problem related to the field of occupational health, is that during a work relationship which is a legal relationship, workers must receive insurance for their health.

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Penna, L. Rao. "Some Salient Human Rights in the UN Convention on Migrant Workers". Asian and Pacific Migration Journal 2, n. 2 (giugno 1993): 179–97. http://dx.doi.org/10.1177/011719689300200205.

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The United Nations, being aware of the exploitation of migrant workers particularly illegal immigrants, has adapted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990. Human rights are grouped in two categories: rights available for all migrant workers including the non-documented (Part III) and rights only for documented workers (Part IV). Many of the rights in Part III are a reaffirmation of existing human rights in other international instruments in the specific context of migrant workers. The ingenuity of the Convention lies in the innovation of a large number of hitherto unknown rights like the right to recourse to consular or diplomatic protection, or the right to transfer funds, the right to information regarding working conditions, the right to equality with nationals in educational, social, and health services, as well as the right to exemptions from import and export duties. This paper examines the scope of some of the important human rights in the Convention. It also evaluates the efficacy of the Convention in safeguarding the migrant workers during armed conflicts such as the 1990 invasion of Kuwait by Iraq.

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Husin, Zaimah. "Outsourcing sebagai Pelanggaran Terhadap Hak Para Pekerja di Indonesia". Jurnal Kajian Pembaruan Hukum 1, n. 1 (22 marzo 2021): 1. http://dx.doi.org/10.19184/jkph.v1i1.23396.

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The problem experienced by contract workers or outsourcing are quite varied, which includes the potential of human rights violations. This is because the insufficient existing regulations in Indonesia protect contract workers. This study is legal research, which uses statutory and conceptual approaches that utilize primary, secondary, and tertiary legal materials. The technique of collecting legal materials in this legal research uses literature study. This study shows that outsourcing workers are the most disadvantaged party in a work agreement, remarkably where they are terminated. The outsourcing worker will not get the normative rights like ordinary workers. Outsourced workers do not have a fixed work period. Then, the working period returns to the beginning when a work contract agreement occurs. The work contract system with probation conducted by the company directly benefits the company. It can violate human rights due to the absence of wages based on the length of work provided by the company. As a result, it is essential to pay attention to agency workers' conditions to obtain legal protection for human rights. Human rights are fundamental and must be legally protected. Thus, legal protection regarding the rights of outsourced workers can be carried out by the local government by issuing policies that regulate legal protection for agency workers. Finally, companies will pay more attention to the welfare of workers. KEYWORDS: Outsourcing Workers, Right to Work, Legal Protection.

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9

Seidman, Gay. "Workers' Rights, Human Rights, and Solidarity Across Borders". International Labor and Working-Class History 80, n. 1 (2011): 169–75. http://dx.doi.org/10.1017/s0147547911000172.

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Over the past few decades, as restless capital has moved about the world looking for cheaper production sites, labor campaigns have looked across borders for support. In a world where threats of capital mobility and outsourcing strategies are used to push wages and working conditions ever lower, local activists have called on international allies to insist that multinationals improve the treatment of workers—especially in the developing world, where local governments often seem unwilling or unable to protect their citizens at work and where workers on their own have little leverage.

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Rani, Padma. "Migrant Workers Rights from a Human Rights Perspective". Asian Review 34, n. 2 (luglio 2021): 63–85. http://dx.doi.org/10.58837/chula.arv.34.2.4.

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Hilgert, Jeffrey. "Deeming Laws and Practices as Violations of the Rights of People With Work-Acquired Disabilities in Canada". NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 29, n. 4 (12 novembre 2019): 536–44. http://dx.doi.org/10.1177/1048291119887197.

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The Ontario Network of Injured Workers’ Groups in Canada is leading a multiyear campaign called Workers’ Comp is a Right to reform the provincial workers’ injury compensation system and to fight back against regressive changes made to the system over several decades. At their Annual General Meeting in Toronto held in June 2019, delegates voted unanimously to make this submission to the United Nations Committee on the Rights of Persons with Disabilities as a part of the regular supervisory process under the United Nations Convention on the Rights of Persons with Disabilities. The subject is income deeming “phantom jobs” to injured worker claimants with income replacement benefits. The document illustrates how Canadian injured worker groups have activated a human rights lens and references international labor and human rights standards concerning social insurance and income replacement benefits for work-related injury and illness.

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Hilgert, Jeff. "Mapping the Boundaries of Human Rights at Work". Labor Studies Journal 34, n. 1 (5 gennaio 2009): 21–38. http://dx.doi.org/10.1177/0160449x08328944.

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Over the past twenty years, International Labour Standards have been cited increasingly as the authoritative, worldwide body of jurisprudence on workers' rights as human rights. Continuing the debate on what constitutes labor rights, the author contrasts the definition of workers' rights under international human rights standards with U.S. labor history's notion of “pure and simple unionism,” examining the boundaries of rights defined by international standards in a comparative historical context. The standards examined include workers' right to organize; coercive employer speech; access to employer premises; nonmajority representation; the right to strike, picket, and boycott; union security clauses; the scope of bargaining; government enforcement; and the legal doctrine of employer association rights. Aligning U.S. labor relations law with international human rights standards would in part be a social advancement, but significant aspects of the standards advocate pure and simple unionism more than the original National Labor Relations Act, raising questions about how labor movements should use international standards as advocacy tools and public policy goals.

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13

Chen, Hsin-Yi, e I.-Chen Tang. "Social workers’ attitudes toward human rights in a sample from Taiwan". International Social Work 62, n. 1 (14 agosto 2017): 295–308. http://dx.doi.org/10.1177/0020872817725138.

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The human rights concept is that everyone is entitled to enjoy those rights inherent to being human, without distinction. However, should human rights be considered a self-evident value for the social work profession? This study was to explore how social workers in Taiwan perceive the human rights concept. Responses from 276 social worker participants were analyzed by using a self-administered questionnaire. This study showed that social workers had a general knowledge of human rights. Receiving human rights educational training and engaging in social protests were important variables in increasing human rights awareness for social work practitioners.

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McMahon, Jean. "Case Studies of Violations of Workers' Freedom of Association: Food Processing Workers and Contingent Workers". International Journal of Health Services 32, n. 4 (ottobre 2002): 755–80. http://dx.doi.org/10.2190/yk45-6xwt-cmjm-5tvq.

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As part of its report “Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards,” Human Rights Watch conducted a series of case studies in a dozen states, covering a variety of industries and employment sectors, analyzing the U.S. experience in the light of both national law and international human rights and labor rights norms. Presented here are the case studies of food processing workers and contingent workers.

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Jeon, Chan-Hui. "Labor Human Rights for Care Workers". Journal of the Korea Contents Association 13, n. 5 (28 maggio 2013): 234–42. http://dx.doi.org/10.5392/jkca.2013.13.05.234.

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Ruhs, Martin. "The Human Rights of Migrant Workers". American Behavioral Scientist 56, n. 9 (8 maggio 2012): 1277–93. http://dx.doi.org/10.1177/0002764212443815.

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Birchard, Karen. "Legal protection for human-rights workers?" Lancet 351, n. 9107 (marzo 1998): 967. http://dx.doi.org/10.1016/s0140-6736(05)60633-2.

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Narayan, Choudhary Laxmi, Mridula Narayan e Niska Sinha. "Ensuring Human Rights of Sex Workers". Journal of Psychosexual Health 5, n. 1 (gennaio 2023): 20–22. http://dx.doi.org/10.1177/26318318231158678.

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Lahaling, Hijrah. "Fulfill the Basic Rights of Indonesian Migrant Workers' Children in the Human Rights Perspective". Musamus Law Review 2, n. 2 (30 aprile 2020): 76–105. http://dx.doi.org/10.35724/mularev.v2i2.3014.

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The fulfillment of the basic rights of children of Indonesian Migrant Workers (PMI) left by their parents to grow and develop has not been optimally fulfilled either physically, mentally, psychologically, or socially. The right to fulfill the children of Indonesian migrant workers includes the right to survival, the right to education and the right to health. Neglect of the fulfillment of these rights is not yet fully in accordance with the 1945 Constitution of the Republic of Indonesia, Convention on the Rights of the Child, Law No. 6 of 2012, and Law No. 35 of 2014. This will certainly endanger the welfare and survival of PMI children in accordance with the principles of human rights. This research aims to formulate the fulfillment of the basic rights of children of Indonesian migrant workers in accordance with the principles of human rights.

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Florencia, Cherlyne Baby, Jessica Chandra e Rasji Rasji. "Research Paper on Human Rights Protection for Women Workers on Leave". QISTINA: Jurnal Multidisiplin Indonesia 2, n. 2 (1 dicembre 2023): 824–33. http://dx.doi.org/10.57235/qistina.v2i2.769.

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Human Rights is a legal and normative concept which states that humans have their rights that are inherent in themselves, which are universal and can be applied anytime, anywhere and to anyone. In principle, human rights remain attached to women and men. Women as a group in society within a country, is a group that is also obliged to get guarantees for their basic rights, especially for female employees who work both in private companies and within the scope of government. Every human being has rights, including workers, one of which is obtaining the right to leave, namely the right for workers not to work for a certain period of time. Specifically for women, based on Law No. 13 of 2003, female workers have more rights to apply for leave, namely maternity leave and menstruation leave. There is a rule that female workers are entitled to leave during pregnancy at least 1.5 months before the expected date of delivery and 1.5 months after delivery. In addition, female workers are also entitled to 2 days of menstruation leave in each working month. Maternity rights are human rights that are specifically attached to women because of their reproductive functions, such as menstruation, pregnancy, childbirth and breastfeeding. The results show that government regulations are very helpful in reducing the productivity of women during pregnancy and menstruation.

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McMahon, Jean. "Case Studies of Violations of Workers' Freedom of Association: Manufacturing Workers". International Journal of Health Services 32, n. 2 (aprile 2002): 359–78. http://dx.doi.org/10.2190/l2aq-xte6-ptlh-5a40.

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As part of its report “Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards,” Human Rights Watch conducted a series of case studies in a dozen states, covering a variety of industries and employment sectors, analyzing the U.S. experience in the light of both national law and international human rights and labor rights norms. Presented here are the case studies of manufacturing workers.

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Khairani, Safira, e Andari Yurikosari. "PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS HAK UPAH MINIMUM YANG BELUM SEPENUHNYA DIBAYAR (STUDI TERHADAP PUTUSAN NOMOR 58/K/PDT.SUS-PHI/2015)". Jurnal Hukum Adigama 1, n. 1 (19 luglio 2018): 389. http://dx.doi.org/10.24912/adigama.v1i1.2150.

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Work and fair and proper remuniration are human rights of every person as stipulated on Article 28 D (2) The 1945 Constitution of The Republic Indonesia. Indonesia Law Number 13 Of 2003 regulates the rights and duties among entrepeneur and workers. Wage shall be received by worker/labourer as remuniration from entrepeneur. Labour Law provides the protection to wage as worker/labour’s right, stipulating that Government establishes a wage policy that protects the rights of worker/labourer such as Minimum Wage in order to fulfill every worker/labourer’s right to earn an income that meets livelihood that is decent for human. Labour Law also stipulates the wage will not be paid if worker/labourer do not perform work unless the worker/labourer has the will to do the job as promised but the entrepeneur does not employ them. The main issue in this research is the workers/labourers of PT. Srirejeki Perdana Steel claimed that they did not received full wage on November 2013 causing the amount of some of their wages lower than the amount of Minimum Wage set under valid statutory legislation. PT. Srirejeki Perdana Steel, postulated the reduction of the wage happened due to an illegal strike performed by the workers/labourers. The verdict on Industrial Relation Dispute Settlement of Bandung District Court and Indonesia Supreme Court did not grant the workers/labourers demand to get the fulfillment of their reducted wage. This research aims to acknowledge whether the protection towards workers/labors’s wage as verdicted by court followed the ruling as stipulated in Labourer Law.

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Goestoro, Ratih Ananda Putri. "Access to Judicial Remedies for Palm Oil Workers Under Poor Working Conditions in Indonesia". Yuridika 37, n. 1 (1 marzo 2022): 255–82. http://dx.doi.org/10.20473/ydk.v37i1.34604.

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Most palm oil workers in Indonesia are employed as temporary daily workers. Their situations are prone to human rights violations ranging from the right to fair working conditions to the freedom of association. Under international law, palm oil workers should have the right to remedies for these human rights violations. The third pillar of the United Nations Guiding Principles on Business and Human Rights (UNGPs) provides that remedies for victims of business-related human rights violations can be accessed through judicial or non-judicial means. Under Indonesian Law, palm oil workers working under poor conditions can access their remedy through judicial mechanisms, such as the Industrial Relations Court, Civil Court or Criminal Court. However, current Indonesian Law does not provide adequate access to remedies for palm oil workers in Indonesia because the law does not provide the obligation to provide remedies under the UNGPs. Therefore, these palm oil workers do not have adequate access to a judicial remedy. Palm oil workers in remote areas face legal, procedural, and practical barriers in obtaining remedies. This article aims to find the judicial avenues these workers could use to access remedies and overcome their challenges.

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Tyc, Aneta. "Migrant Domestic Workers in Europe: the Need for a Better Protection". Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (15 dicembre 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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Lee, Minhong, An Sok e Kyeongmo Kim. "EFFECTIVENESS OF A HUMAN RIGHTS–BASED APPROACH ONLINE PROGRAM FOR GERONTOLOGICAL SOCIAL WORKERS". Innovation in Aging 6, Supplement_1 (1 novembre 2022): 475. http://dx.doi.org/10.1093/geroni/igac059.1839.

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Abstract The human rights perspective is emphasized through the social work code of ethics and practice principles. However, the efforts to improve the human rights perspective of social workers were insufficient in gerontological social work education in South Korea. Thus, the study aimed to prove the effects of a human rights-based approach intervention for gerontological social workers, which consisted of nine online sessions using Zoom. PI developed the program based on McPherson’s integrated framework for Human Rights Practice in Social Work. A quasi-experimental design was used. The experimental group consisted of 36 social workers, and the control group was 31 social workers at senior centers. The pre-post tests for the experimental group and posttest for the control group were conducted. The socio-demographic characteristics of the two groups were equivalent. The key measure was the Human Rights Lens in Social Work (HRLSW) scale consisting of two sub-dimensions: social problems as rights violations and clients as experiencing rights violations.The effect sizes of the online program’s effects on the social worker’s rights-based perspective were large over .90. In addition, the degrees two dimensions of the HRLSW at the posttest were significantly higher than those of the control group (social problems as rights violations: d = 1.04, p < .001; clients as experiencing rights violations: d=0.98, p<.001). Based on the findings of this study, the implications of human rights education and training were discussed to improve the human rights-based perspective of gerontological social workers.

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McMahon, Jean. "Case Studies of Violations of Workers' Freedom of Association: Migrant Agricultural Workers". International Journal of Health Services 32, n. 3 (luglio 2002): 443–65. http://dx.doi.org/10.2190/3w5p-q5c5-yvqh-ym08.

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As part of its report “Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards,” Human Rights Watch conducted a series of case studies in a dozen states, covering a variety of industries and employment sectors, analyzing the U.S. experience in the light of both national law and international human rights and labor rights norms. Presented here are the case studies of migrant agricultural workers.

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Hilgert, Jeffrey. "Book Review: Industrial Relations Theory: Are Workers' Rights Human Rights?" ILR Review 62, n. 4 (luglio 2009): 618–19. http://dx.doi.org/10.1177/001979390906200408.

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Ife, Jim, e Lucy Fiske. "Human rights and community work". International Social Work 49, n. 3 (maggio 2006): 297–308. http://dx.doi.org/10.1177/0020872806063403.

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English Much effort has been made to develop international understandings of human rights without the corresponding attention to responsibilities. The authors argue that a community development framework may be useful in reconceiving human rights in a more holistic way, and that social workers and community development workers are well placed to be grassroots human rights workers. French Beaucoup d'efforts ont été déployés pour développer une compréhension internationale des droits humains sans accorder une attention correspondante aux responsabilités. Les auteurs considèrent qu'un cadre axé sur le développement communautaire serait utile pour réexaminer la question des droits humains de façon holistique. Ils démontrent que les travailleurs sociaux et les organisateurs communautaires sont bien placés pour devenir des travailleurs à ras du sol pour les droits humains. Spanish Se ha empleado mucho esfuerzo en desarrollar el entendimiento de los derechos humanos sin la atención correspondiente a las obligaciones. Se arguye que un marco de desarrollo comunitario puede ser útil en re-concebir los derechos humanos de una manera comprensiva, y que los trabajadores sociales y los trabajadores comunitarios pueden jugar un papel importante como trabajadores de base de derechos humanos.

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LeMay, Michael, e Ryszard Cholewinski. "Migrant Workers in International Human Rights Law." International Migration Review 33, n. 1 (1999): 203. http://dx.doi.org/10.2307/2547332.

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William D. H. li. "Developmental State, Human Rights and Migrant Workers". Development and Society 40, n. 1 (giugno 2011): 139–51. http://dx.doi.org/10.21588/dns.2011.40.1.007.

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Rim, Yejoon. "Human rights of North Korean migrant workers". Netherlands Quarterly of Human Rights 35, n. 1 (marzo 2017): 51–68. http://dx.doi.org/10.1177/0924051917693973.

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Boden, Leslie I. "Reexamining workers' compensation: A human rights perspective". American Journal of Industrial Medicine 55, n. 6 (8 maggio 2012): 483–86. http://dx.doi.org/10.1002/ajim.22054.

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Wanjohi, Kinyua, e Gertrude Wayua Mulinge. "‘A COMPARATIVE ANALYSIS OF AFRICA’S LABOUR EXPERIENCE WITH GULF REGION STATES: ARE WE STILL SLAVES? THE KENYA CASE’". Amsterdam Law Forum 15, n. 2 (13 maggio 2023): 32–46. http://dx.doi.org/10.37974/alf.468.

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African countries account for a greater percentage of domestic workers who migrate to the Middle East in search of greener economic pastures. Interestingly, Human Rights Watch (HRW) recently observed that most of the unskilled workers are often exploited and abused. This is reflected in wages deduction, violation of contractual agreements and degrading treatments. Women labourers also report sexual assault. In worst cases, the workers are ferried back in caskets to their countries of origin. Some workers have also been reported to disappear ‘miraculously’, in the said countries. This paper suggests that someone must be held accountable. Ironically, the government of Kenya has been playing the ‘innocent lamb’ role while the Middle East countries play Pharaoh’s role and walks scot free. Victims have always been vulnerably left at the middle. Through pressure exerted by local and international civil societies, Kenya in June 2012 banned emigration of domestic worker to Middle East. Nonetheless, in November 2013 this policy ban was lifted. In 2014, the government revoked some 930 licenses of recruiting agencies. Though a move towards the right direction, significantly, domestic abuse has remained unshaken. The International Labour Organisation Declarations on Fundamental Principles and Rights at Work adopted in 1998 provides a positive duty for all member states to respect and promote worker’s rights in respect of employment. Yet, in implementation we limp. In Kenya for instance, the Employment Act of 2007 does not provide for mechanisms to compensate migrants who suffer from abuse in their host countries. In short, nationally and internationally, we lack a legal framework to protect migrant workers. It is time to take the bull by its horns through signing bilateral agreements on migrant workers. Suffice to say that, in absence of bilateral agreements with host states, African workers shall remain slaves of their ‘godfathers’. The time is ripe for us to revise and supplement our national as well as international labour laws to protect migrant workers. With the outrageous human rights violation on African migrant workers, who do we blame?

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A, Narayanaswamy. "Legal Framework to Protect the Rights of Migrant Workers: A Study with Reference to India". Shanlax International Journal of Arts, Science and Humanities 8, S1-Feb (6 febbraio 2021): 138–48. http://dx.doi.org/10.34293/sijash.v8is1-feb.3944.

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In modern days right to life, freedom of profession and freedom of movement are recognised as a universal fundamental human rights, which are also interrelated and inter connected with each other. Universally, all human beings are equally entitled to enjoy all such rights. Indeed, migrant workers are also part of a human society who are not exceptional to enjoy all such rights. However, due to migration, migrant workers are marginalised and vulnerable groups. Perhaps, migrant workers are poor, illiterate and backward in all means. In this juncture, they have been exploited, discriminated and deprived to enjoy and access all such human rights equally compare to other non-migrant human beings across the globe. After the establishment of ILO and UNO, there are several International Declarations, Covenants and Conventional provisions etc.., which are equally applicable to all states across the globe including India to protect the rights of migrant workers. Similarly, in India also Constitutional provisions and legislative measures adopted, but due to failure to implement the above provisions effectively, migrant workers have been facing a lot of problems in inter-state and intra-state migration. Therefore, it is an attempt to know how for the rights of migrant workers have been safeguarded internationally and nationally. For this purpose the researcher has framed the following objectives. Objectives The Researcher has framed the following objectives, To know the International legal frame work and how it protects the rights of migrant workers. To examine the Indian legal system to protect the rights of migrant workers. To know the causes, modes, problems and challenges of migrant workers. Suitable suggestions to protect the rights of migrant workers.

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Tobing, Christina NM, Sryani Br Ginting e Hasnul Arifin Melayu. "Analysis Of Labor Rights After The Job Creation Law In Perspective Of Human Rights". Jurnal Hukum dan Peradilan 12, n. 1 (31 marzo 2023): 97. http://dx.doi.org/10.25216/jhp.12.1.2023.97-128.

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Abstract (sommario):

The Job Creation Law has caused controversy from various circles of society, both in terms of the procedure for its formation and the contents, especially the labor cluster. Many materials in the Job Creation Law reduce workers’ rights by creating a flexible working relationship. The relationship is more in favor of the interests of employers, thus raising the issue of legalizing modern slavery, which is contrary to human rights. This study analyzes changes in workers’ rights, especially regarding wages, specific worktime agreements, outsourcing, and severance pay from a human rights perspective. This research was normative legal research, namely on the substance of workers’ rights after the Job Creation Law from a human rights perspective, with a statutory approach and a conceptual approach. The analysis revealed that the job creation law policy is an effort to create the broadest possible employment opportunities and attract greater investment to Indonesia. In addition, it is to realize the human rights of workers who have not worked. The changes in the Job Creation Law and its implementing regulations that abolish and reduce workers’ rights and make work relations more flexible can violate workers’ human rights. On the other hand, the Government is trying to strike a balance by creating new and fair workers’ rights.

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Heritage, Paul. "Taking Hostages: Staging Human Rights". TDR/The Drama Review 48, n. 3 (settembre 2004): 96–106. http://dx.doi.org/10.1162/1054204041667695.

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Mulugeta, Helen Esayas. "Human Rights Issues at Amazon Corporation". Management Science and Business Decisions 2, n. 2 (30 dicembre 2022): 19–31. http://dx.doi.org/10.52812/msbd.50.

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Abstract (sommario):

Multinational corporations like Amazon play important role in socio-economic development of the capitalist countries like the United States. The study aims to identify and analyze the problems and issues faced by the Amazon employees. It is found that the Amazon’s work environment consists of harsh working conditions, excessive productivity quotas, and screening methods that put its employees at risk with serious consequences for their safety and well-being. Guided by media testimonies and published reports, the work presents one of the first detailed and balanced reports of human rights issues at the Amazon. It is suggested that to protect workers’ rights the legislators and government agencies must develop and enforce robust workplace safety regulations. Also, by facilitating the Amazon workers form unions, a right granted by the International Labour Organization and the US Constitution, and guaranteeing the role of humans (and not machines) in employee terminations several human right issues can be resolved before reaching courts.

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Mustaffa, Aminuddin, Cherifi Noura e Md Mahbubul Haque. "RIGHT OF MIGRANT WORKERS TO OCCUPATIONAL HEALTH AND SAFETY UNDER MALAYSIA LAWS". International Journal of Law, Government and Communication 6, n. 26 (1 dicembre 2021): 48–60. http://dx.doi.org/10.35631/ijlgc.626005.

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Abstract (sommario):

The migration of people to other countries in search of employment is a common phenomenon that has occurred throughout history. While migration is a positive and empowering experience, migrant workers can be vulnerable to human rights violations. In this context, international laws have provided the international legal framework on the rights of migrant workers. Among the fundamental rights of migrant workers is the right to occupational health and safety within which a worker is expected to perform his job. This paper aims to examine the right of migrant workers to occupational health and safety in light of international standards and Malaysian laws. It adopts qualitative research of doctrinal and comparative nature. It will examine the adequacy of current laws in recognizing and protecting the rights of migrant workers to occupational safety and health with reference to the standards set by the international instruments. The paper also attempts to identify factors that contributed to the high number of occupational accidents. The paper concludes that the current Malaysian laws provide a specific legal framework that aims to protect the right of migrant workers to occupational health and safety. However, non-compliance with law requirements and lack of enforcement has contributed to the high number of occupational accidents. In conjunction with that, the paper provides recommendations towards improving the Malaysian legal framework on occupational health and safety.

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Mapp, Susan, Jane McPherson, David Androff e Shirley Gatenio Gabel. "Social Work Is a Human Rights Profession". Social Work 64, n. 3 (12 giugno 2019): 259–69. http://dx.doi.org/10.1093/sw/swz023.

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Abstract (sommario):

AbstractAs defined by the International Federation of Social Workers, social work is a human rights profession. This is explicitly stated in the professional codes of ethics in many nations. However, the most recent version of the Code of Ethics of the National Association of Social Workers continues to exclude any mention of human rights, fitting in with the history of U.S. exceptionalism on this subject. Social workers around the world have a long history of working for the achievement of human rights, including an explicit grounding of practice in human rights principles: human dignity, nondiscrimination, participation, transparency, and accountability. Utilizing these principles, U.S. social workers can move from the deficit model of the needs-based approach to competently contextualizing individual issues in their larger human rights framework. In this way, social work can address larger social problems and make way for the concurrent achievement of human rights. This article explains these principles and provides a case example of how to apply them in practice.

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Gupta, Pallavi. "Can Sex Workers Claim Human Rights In India?" International Journal of Civic Engagement and Social Change 1, n. 1 (gennaio 2014): 44–59. http://dx.doi.org/10.4018/ijcesc.2014010104.

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Abstract (sommario):

Human Rights by its origin and nature only advocate the welfare and well-being of all persons with equal treatment everywhere, it never discriminate towards any individual, class or group of people in any society. But Indian Governments at all level have failed to protect, the human rights even civil rights of sex workers. It covers problems of the sex workers and their children or child sex workers entered in sex trade by force & fraud but rescued from sex trade and advocates only claim of sex workers to live with dignity as they are also human being and have human rights. It shall focus on responsibility of government to make effective policy and for its good governance to provide justice to the sex workers and their children under the mandate of judicial directions. But this paper does not advocate demand of sex workers to encourage sex trade by any way.

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Albuquerque, Paulo Pinto de. "The Rights of Workers, Migrant Workers and Trade Unions in the Light of the European Convention on Human Rights". Philosophy of law and general theory of law, n. 1 (21 dicembre 2021): 224–46. http://dx.doi.org/10.21564/2707-7039.1.247534.

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Abstract (sommario):

The European Court of Human Rights (the Court, the ECHR) has made a significantcontribution to the protection of social rights in general and labor rights in particular. The articlefocuses on four specific areas that demonstrate the richness of case-law in this area. First of all, theauthor focuses on individual issues related to the general rights of workers, drawing attention to issuesof unfair dismissal, the right to respect for private and family life, freedom of religion and freedomof expression. Secondly, the author dwells on the protection of the rights of migrant workers underthe Convention for the Protection of Human Rights and Fundamental Freedoms. Third, the articleexamines trade union rights in the light of freedom of association. Finally, reflecting the economiclandscape of the past decade, case-law is provided to demonstrate how austerity measures can affecthuman rights and how the Court has responded to this problematic issue.Social rights, including labor rights, have received many advantages from the fact that they wereconsidered in the case-law of the Court, since its practice clarified the boundaries and limited thestate’s unlimited discretion in the management of these rights. At the same time, a certain trend hasformed. If at first the protection of workers’ rights and freedoms sharply increased, which is confirmedby some textbook cases of the ECHR, now it is impossible not to notice a regressive trend that isassociated with labor legislation, expands the discretion of governments and significantly limits theeffectiveness of the Court when considering labor rights. However, this regressive trend should notbe regarded as irreversible. The article highlights how meaningful consideration of soft law principlesallows the Court to take a progressive position that promotes labor rights and how it can continueto help protect workers’ rights.

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Guthrie, Robert, e Rebecca Taseff. "The Rights of Illegal Workers Injured at Work: a Study of the Judicial Dilemma in the United States". International Journal of Comparative Labour Law and Industrial Relations 23, Issue 1 (1 marzo 2007): 61–82. http://dx.doi.org/10.54648/ijcl2007004.

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Abstract (sommario):

The engagement of ‘non-citizens’, ‘aliens’, and ‘undocumented workers’ for work raises a number of delicate employment law and policy issues. This paper considers the attitude of the courts in the United States (US) to the question of the rights of workers who work contrary to immigration laws (illegal workers)1 and will focus on the recent case law in relation to workers’ compensation entitlements. In the US the case law on the rights of illegal workers to workers’ compensation is unclear and heavily dependent upon local State legislation and judicial attitudes. It has also been heavily influenced by the Supreme Court decision of Hoffman Plastic Compounds v National Labor Relations Board, which dealt with the rights of undocumented workers to make claims for wages consequent upon unfair termination of the employment contract. This paper explores the different judicial and legislative approaches to the rights of illegal workers to workers’ compensation, and proposes a possible humanitarian response to the difficult problem of the injured illegal worker.

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Friedman, Neil A. "A Human Rights Approach to the Labor Rights of Undocumented Workers". California Law Review 74, n. 5 (ottobre 1986): 1715. http://dx.doi.org/10.2307/3480456.

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Flanagan, Robert J. "Book Review: Labor and Employment Law: Workers' Rights as Human Rights". ILR Review 57, n. 4 (luglio 2004): 623–24. http://dx.doi.org/10.1177/001979390405700413.

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Carriere, Kevin R. "Workers’ rights are human rights: organizing the psychology of labor movements". Current Opinion in Psychology 35 (ottobre 2020): 60–64. http://dx.doi.org/10.1016/j.copsyc.2020.03.009.

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46

Delius, Anna. "Universal Rights or Everyday Necessities?" East Central Europe 46, n. 2-3 (22 novembre 2019): 188–211. http://dx.doi.org/10.1163/18763308-04602001.

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Abstract (sommario):

Polish opposition against the state-socialist government emerged out of the political engagement of predominantly left-leaning intellectuals with repressed workers in the 1970s. In their writings, these intellectuals addressed not only workers in the country, but also Western European left-wing intellectuals and politicians. Based on an analysis of relevant samizdat publications, this article shows how Polish intellectuals modified their rhetorical strategies depending on their audience. It thus challenges the monothematic focus on an internationally salient human rights language as the main tool for political empowerment during the 1970s. Whereas the universalizing human rights discourse presented repression and the lack of democratic labor structures negatively, the inner Polish debate between intellectuals and workers initially framed these issues as basic necessities deduced from tangible problems. It was only after two years of organizational work that the Warsaw-based Workers’ Defense Committee, in their “Charter of Workers’ Rights” (1979), depicted repression as a violation of human and labor rights. The rhetoric changed so drastically because the Charter addressed not only workers, but also different target groups on an international and national level. Even so, a singularizing narrative of repression made more sense in the context of Polish labor protests than the adoption of a universalizing human rights language.

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Rubert, María Belén Cardona. "Workers' Privacy and the Power of Employer Control in Spain". International Journal of Comparative Labour Law and Industrial Relations 16, Issue 4 (1 dicembre 2000): 349–58. http://dx.doi.org/10.54648/321106.

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Abstract (sommario):

This paper examines the connection between the privacy of workers and the power of employer control with reference to the Spanish legal system. The general aim of Constitutional principles and Statute of Worker's Right is to defend workers' privacy from intrusive or disproportional attacks on their private domain. In this perspective Spanish legislation delimits employer authority by subjecting it to two limits which cannot be avoided. The first is that employer control is restricted to ascertaining that workers fulfil their contractual obligations and duties; however this control is conditioned by the contract cannot go beyond the bounds which are directly related to the contract. The second limit is the dignity of the worker, as stated in Article 10.1 of the Spanish Constitution, and his/her right to privacy (Articles 18 of the Constitution and 4.2 of the Statute of Workers' Rights). The Spanish legal system prevents any type of control of the employee's private life which is not connected to technical or organizational aspects of work, and any type of supervision which encroaches on the freedom of the person, at the very core of the right to privacy.

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Hall, Allan, e Eric Tucker. "Worker Participation in a Time of COVID". Labour / Le Travail 90 (25 novembre 2022): 9–39. http://dx.doi.org/10.52975/llt.2022v90.002.

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This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions to assert their right to participate and the outcomes of those efforts are also documented through archival evidence and interviews with worker reps and union officials. The article concludes with an assessment of weaknesses in the government promotion and protection of worker health and safety rights and calls for greater labour attention to the critical importance of worker health and safety representation.

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Rodriguez, Robyn Magalit. "Philippine Migrant Workers' Transnationalism in the Middle East". International Labor and Working-Class History 79, n. 1 (2011): 48–61. http://dx.doi.org/10.1017/s0147547910000384.

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AbstractHow do migrants assert their rights as workers when they do not enjoy the rights of citizenship in their countries of employment and are unable to assert their human rights through international conventions? This article focuses on the work of Migrante-International's Middle East chapter in Saudi Arabia. Specifically, it examines the ways Philippine migrants strategically assert their rights as Philippine citizens transnationally in local labor struggles. This case study of transnational labor activism in a region where migrant workers enjoy limited rights not only highlights how migrants exercise their agency in spite of major obstacles, but it also offers up novel ways to think about worker organizing within the context of contemporary neoliberal globalization for labor activists and scholars concerned with the labor rights of migrants.

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Connell, Tula. "‘Labor Rights Are Human Rights’: An Interview with Maina Kiai, UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association". Journal of Working-Class Studies 2, n. 1 (1 giugno 2017): 95–104. http://dx.doi.org/10.13001/jwcs.v2i1.6053.

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Abstract (sommario):

Although the 1948 Universal Declaration of Human Rights includes the right to freedom of peaceful assembly and association among its thirty articles, more than sixty years elapsed before working people’s rights to form unions and assemble was accorded attention by the United Nations Human Rights Council (UNHRC). The omission of worker rights’ issues reflects a global international perspective that historically has not embraced workplace rights within the larger human rights framework. The UNHRC’s appointment of a Special Rapporteur on the rights to freedom of peaceful assembly and of association in 2011 marked a noteworthy step in broadening the dialogue. Special Rapporteur Maina Kiai has strongly argued that a first step toward addressing the harsh effects of globalization on millions of workers around the world begins with the eradication of the artificial distinction between labor rights and human rights. As Special Rapporteur, Kiai has underscored the centrality of the global working class, and argued that the ability of the working class to exercise fundamental workplace rights is a prerequisite for a broad range of other rights, whether economic, social, cultural or political.

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