scholarly journals Interrogating the ‘Dignity’ Argument for Mandatory Retirement: An Undignified Development?

2018 ◽  
Vol 48 (3) ◽  
pp. 377-415 ◽  
Author(s):  
Alysia Blackham
Keyword(s):  
Future Development ◽  
Human Dignity ◽  
Legal Theory ◽  
Industrial Relations ◽  
Case Law ◽  
Equal Treatment ◽  
Mandatory Retirement ◽  
Age Stereotypes ◽  
Interdisciplinary Scholarship ◽  
The Uk

Abstract Human dignity is often cited as a justification and foundation for equality law. However, it is also used in some contexts to justify detracting from equal treatment, including in relation to mandatory retirement ages in the UK. Drawing on interdisciplinary scholarship from legal theory and industrial relations, this article argues case law on retirement ages adopts a limited approach to the notion of ‘dignity’, which is grounded in age stereotypes. It considers how a re-conceptualisation of ‘dignity’ might inform the future development of the law on retirement ages and proposes alternative ways to secure individual dignity in employment that do not depend on mandatory retirement ages.

Protecting Solitary Beliefs Against Indirect Discrimination

2020 ◽  
Author(s):  
John Adenitire
Keyword(s):  
Personal Identity ◽  
Case Law ◽  
Equal Treatment ◽  
Human Right ◽  
Philosophical Beliefs ◽  
Unfair Advantage ◽  
Indirect Discrimination ◽  
Significant Barrier ◽  
Freedom Of Thought ◽  
The Uk

Abstract This article argues that the requirement of group disadvantage in indirect belief discrimination is incompatible with the human right to freedom of thought, conscience and religion. The latter protects sincerely held beliefs even if they are not shared by others or part of group orthodoxy. Consequently, the group disadvantage requirement in indirect belief discrimination ought to be interpreted away under section 3 HRA. Doing so, it is argued, does not give an unfair advantage to beliefs over other aspects of personal identity and complies with the legal injunction against judicial involvement in theological or philosophical disputes. The article concludes by arguing that, in light of the UK case law, imposing a requirement of group disadvantage is likely to pose a more significant barrier to secular philosophical beliefs than to religious ones. In light of an understanding of secularism that requires equal treatment of religious and deeply held secular beliefs, it is imperative that such a barrier be dispensed with.

Comparative Company Law

2019 ◽  
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Anderson Schillig
Keyword(s):  
Legal Theory ◽  
Case Law ◽  
Company Law ◽  
Legal Capital ◽  
Public And Private ◽  
Business Corporation ◽  
Shareholder Protection ◽  
The Law ◽  
The Uk ◽  
The Eu

This book provides an exposition of company law from a comparative perspective. It analyses important policy issues in the area of company law, including the emergence and nature of the business corporation, EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, minority shareholder protection in corporate control transactions, legal capital, and piercing the corporate veil, as well as corporate insolvency and restructuring law. The book’s main focus is the law of public and private companies in the common law sense (the law of partnerships is referred to and taken into account as necessary). The book’s analysis encompasses the corporate laws of the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice of the EU. It includes edited and, where necessary, translated extracts from leading company case law. The cases are discussed and interpreted in the context of the national and European regulatory frameworks and in light of economic and legal theory, as well as legal history.

JAMINAN SOSIAL TENAGA KERJA DI INDONESIA SEBAGAI NEGARA KESEJAHTERAAN DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati
Keyword(s):  
Social Security ◽  
Legal Theory ◽  
Industrial Relations ◽  
Secondary Data ◽  
Black And White ◽  
Collection Process ◽  
The People ◽  
Document Collection ◽  
The Government ◽  
Security Regulations

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.

Our Father who art in Town Hall: Do local councils have power to pray?

2021 ◽  
pp. 1037969X2199636
Author(s):  
Luke Beck
Keyword(s):  
United Kingdom ◽  
Case Law ◽  
Town Hall ◽  
The United Kingdom ◽  
The Uk

Many local councils in Australia commence their meetings with prayer. Case law in the United Kingdom holds that English local councils do not have power to commence their meetings with prayer. This article argues that the reasoning of the UK case law applies with equal force in Australia with the result that the practice of many Australian local councils of incorporating prayers into their formal meetings is unlawful.

Autonomy as an Element of Human Dignity in South African Case Law

2009 ◽  
Vol 9 (3) ◽  
pp. 1-15 ◽  
Author(s):  
Donrich W Jordaan ◽  
Keyword(s):  
South African ◽  
Human Dignity ◽  
Case Law

Medical treatment and best interests: judicial interpretation of values, wishes and beliefs under the Mental Capacity Act 2005

2020 ◽  
Vol 22 (3) ◽  
pp. 165-173
Author(s):  
Owen P. O'Sullivan
Keyword(s):  
Medical Treatment ◽  
Clinical Decision ◽  
Case Law ◽  
Decision Makers ◽  
Best Interests ◽  
Content Type ◽  
The Supreme Court ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

Purpose The prominence of the best interests principle in the Mental Capacity Act 2005 represented an important transition to a more resolutely patient-centred model regarding decision-making for incapable adults (“P”). This paper aims to examine the courts’ consideration of P’s values, wishes and beliefs in the context of medical treatment, reflect on whether this has resulted in a wide interpretation of the best interests standard and consider how this impacts clinical decision makers. Design/methodology/approach A particular focus will be on case law from the Court of Protection of England and Wales and the Supreme Court of the UK. Cases have been selected for discussion on the basis of the significance of their judgements for the field, the range of issues they illustrate and the extent of commentary and attention they have received in the literature. They are presented as a narrative review and are non-exhaustive. Findings With respect to values, wishes and beliefs, the best interests standard’s interpretation in the courts has been widely varied. Opposing tensions and thematic conflicts have emerged from this case law and were analysed from the perspective of the clinical decision maker. Originality/value This review illustrates the complexity and gravity of decisions of the clinical decision makers and the courts have considered in the context of best interests determinations for incapacitated adults undergoing medical treatment. Subsequent to the first such case before the Supreme Court of the UK, emerging case law trends relating to capacity legislation are considered.

Dealing with austerity and migration in the northern European cleaning sector: Social partner strategies to strengthen wage floors

2018 ◽  
Vol 24 (4) ◽  
pp. 373-389 ◽  
Author(s):  
Sissel Trygstad ◽  
Trine P Larsen ◽  
Kristine Nergaard
Keyword(s):  
Industrial Relations ◽  
Eu Enlargement ◽  
Social Partner ◽  
National Differences ◽  
The Social ◽  
Wage Regulation ◽  
And Migration ◽  
Industrial Cleaning ◽  
The Uk ◽  
Exerted Pressure

Industrial cleaning shares some common features across countries. Institutions for collective wage regulation are fragile, the market is highly price-sensitive and skewed competition has exerted pressure on wages and conditions. Increased cross-border mobility of labour and enterprises after EU enlargement brought new sources of competitive pressure, which was amplified by the subsequent economic crisis. We study changes in collective regulation in industrial cleaning in Denmark, Germany, Norway and the UK since the turn of the century, and find that the social partners have responded differently to the challenges. We discuss these responses in the light of national differences in industrial relations regimes and the regulatory tools available for the organized actors.

The concept of human dignity in the case-law of the Supreme Court of Canada on Charter Equality Rights

2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Supreme Court ◽  
Human Dignity ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Equality Rights ◽  
The Supreme Court ◽  
Additional Burden ◽  
The Impact

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.

Schemes of Arrangement: Law and Practice

2012 ◽  
Author(s):  
Geoff O’Dea ◽  
Julian Long ◽  
Alexandra Smyth
Keyword(s):  
International Law ◽  
Case Law ◽  
Private International Law ◽  
Sources Of Information ◽  
Foreign Companies ◽  
Pros And Cons ◽  
English Law ◽  
The Law ◽  
The Uk

This new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law. The book considers the effect given to an English scheme in foreign jurisdictions, and other Private International Law issues. A major issue for those considering a scheme for creditors is whether a scheme or CVA (Company Voluntary Arrangement) is more appropriate and this book assists the reader by including an analysis of the pros and cons of schemes and CVAs. There are very few sources of information on schemes of arrangement and the area takes much of its substance from case law. This book, addressing the law and practical issues faced by practitioners on a day-to-day basis, is a first in the field.

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