scholarly journals ANTI-DISCRIMINATION IN EMPLOYMENT REGULATION FOR PERSONS WITH DISABILITIES IN INDONESIA

2019 ◽  
Vol 8 (1) ◽  
pp. 133
Author(s):  
Imma Indra Dewi W
Keyword(s):  
Affirmative Action ◽  
Equal Opportunity ◽  
Labor Law ◽  
Equal Opportunities ◽  
Labor Laws ◽  
Persons With Disabilities ◽  
Discrimination In Employment ◽  
The Many ◽  
The Right ◽  
Laws And Regulations

<p>Anti-discrimination is known as equal opportunity and treatment which is the right of every citizen in each aspects of life. The principles of anti-discrimination must be included in every product of legislation, including the employment regulation for persons with disabilities in Indonesia. Anti-discrimination in employment regulation for persons with disabilities have been included in the Indonesian constitution. In addition, it has also been adopted in various articles on legislation,regulating about employment for persons with disabilities, namely Law Number 3 of 2013, Law Number  19 of 2011 and LawNumber 8 of 2016. In substance, the law that guarantees the rights of persons with disabilities in a number of laws and regulations in Indonesia is sufficient. However, the regulation in Law Number  13 of 2003 on The Labor Law is not yet clear. Adjustments need to be made on Law Number  13 of 2003, Law Number  19 of 2011, and Law Number  8 of 2016. The need for the many provisions of labor laws that have not been implemented, thus it requires affirmative action to realize equal opportunities in all aspects of life and livelihood for persons with disabilities.</p>

scholarly journals ENGLISH: Islamic View on Right to Equal Opportunity to Work for Female Ex-Offenders and Pakistan's International Obligation for Provision of Equal Opportunities for Work

rahatulquloob ◽  
2021 ◽  
pp. 73-87
Author(s):  
Abida Sikander Khan ◽  
Prof. Dr. Farkhanda Zia
Keyword(s):  
Gender Discrimination ◽  
Equal Opportunity ◽  
Criminal Record ◽  
Equal Opportunities ◽  
Legal Analysis ◽  
Women In Islam ◽  
International Obligation ◽  
Discrimination In Employment ◽  
Natural Difference ◽  
Islamic View

 Women in Muslim society faces obstacles to get employment since it is generally assumed that Islam does not allow women to work as their responsibility is to be shouldered by men. This misapprehension leads to issue of gender discrimination in employment and situation get further worse when women hold criminal record. Therefore this paper sheds lights on Islamic view of gender equality while taking into consideration the natural difference exist between man and woman. Then the study aims to discuss that Shariah recognizes human rights of women in Islam and allows women to work as there is no explicit Quranic verse or tradition which ban jobs of women. The article further elaborates that women with previous criminal record are abandoned by the society and their families which further substantiate their right of to get employment in order to meet their ends. The article further encompasses discussion of conflicting interest of ex-offender women and society and how the same can be settled with harmony while applying principles of Islamic jurisprudence.  The article has referred verses of the Qur’an, Sunnah of the Prophet (S.A.W.) practices of caliphs⁎ and opinion of Muslim jurists to enrich the legal analysis. The articles also encompasses Pakistan’s international obligation for provision of equal opportunities to work for all without discrimination to give an insight about basis to claim right to work for female offenders.

scholarly journals The right to equal treatment in employment of persons with mental disorders

Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 47-50
Author(s):  
Goran Obradovic
Keyword(s):  
Mental Disorders ◽  
General Health ◽  
Labor Law ◽  
Employment Law ◽  
Equal Treatment ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Legislative Framework ◽  
The Right

In labor law, the principle of non-discrimination of persons with mental disabilities is observed within the legislative framework of the prohibition of discrimination against persons with disabilities and persons with general health problems. In light of the most significant international documents and the national legislation in this area, this paper is aimed at elaborating on the prohibition of discrimination of persons with mental disorders in the field of employment law. At the end of the paper, the author provides some clarification on the legal solutions pertaining to the right to equal treatment regarding persons with mental disorders.

scholarly journals Affirmative Action Model in Strengthening the Education Rights Protection and Fulfillment of Person with Disability

2021 ◽  
Vol 2 (1) ◽  
pp. 30-39
Author(s):  
Irwansyah Reza Mohamad ◽  
Ismet Hadi
Keyword(s):  
Affirmative Action ◽  
Local Governments ◽  
Secondary Data ◽  
Primary Data ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Rights Protection ◽  
Action Model ◽  
The Republic ◽  
The Right

The uncertainty of legal regulations on the fulfillment of education rights for persons with disabilities creates serious problems. The absence of special arrangements causes overlapping responsibilities which will result in not being integrated into programs that support the educational needs of persons with disabilities. This problem requires the seriousness of local governments to provide protection and fulfillment of education rights for persons with disabilities. This study aims to determine the legal policy for the Protection and Fulfillment of the Right to Education and to formulate an affirmative action model for the protection and fulfillment of the education rights of persons with disabilities in the future. This study uses empirical legal research, namely research that initially examines secondary data, then continues with research on primary data through interview data collection. The results of the research show that local governments still seem to have not fully provided protection and fulfillment of the rights of persons with disabilities to adequate education so that they face various kinds of discrimination, even though there are regulations at the level of the 1945 Constitution of the Republic of Indonesia and laws that have guaranteed it. Second, regulations at the level of Regional Regulations in Gorontalo Province have not reached the lateness of fulfilling the right to education both inclusively and specifically in a systematic and comprehensive manner. It is necessary to have a legal reform in the form of affirmative policies in the field of education for persons with disabilities.

Equal opportunities in employment idea and deciding about occupation – ESEIG’s case

2014 ◽  
Author(s):  
Ilona Fijalkowska
Keyword(s):  
European Union ◽  
Equal Opportunity ◽  
Equal Opportunities ◽  
The European Union ◽  
Employment Policy ◽  
Short Introduction ◽  
Basic Study ◽  
Discrimination In Employment ◽  
Students Attitudes

This paper concerns the presentation of the results of a research conducted by the author in June 2010. The presentation is preceded by a short introduction concerning the importance of equal opportunities in employment issues in the European Union. The research was conducted within the author’s doctorate research; and as a pilot for a future basic study. The research was conducted among students of Escola Superior de Estudos Industriais e de Gestão (ESEIG) in Vila do Conde, Portugal. The research was conducted by means of the questionnaire technique. The aim of the research was to explore the students’ attitudes towards equal opportunities in employment principle. Three detailed aims of the research were as follows: 1) describing students’ general views on equal opportunities in employment idea; 2) describing the role of a company’s equal-opportunity in employment policy as a fator in making decision about taking a job position; 3) describing the role of a school in shaping students’ attitudes towards the equal opportunities in employment idea. The results show that generally surveyed students accept the European Union's actions aiming to prevent discrimination in employment. What is more, in a situation of choice of the employer, students would be ready to perceive the company’s equal-opportunity in employment policy as an important fator influencing their decision. Moreover, despite the fact that students do not consider their knowledge on discussed issues as vast, generally they are interested in it, and perceive school as an appropriate place for promoting this idea.

scholarly journals ACCESSIBILITY RIGHTS TO PUBLIC FACILITIES FOR DISABILITIES IN INDONESIA

2017 ◽  
Vol 2 (2) ◽  
pp. 221
Author(s):  
Dewi Nurvianti
Keyword(s):  
Human Rights ◽  
Persons With Disabilities ◽  
International Convention ◽  
National Legislation ◽  
Public Facilities ◽  
The Government ◽  
The Right ◽  
Laws And Regulations

The disabilities people in Indonesia, interacting with their environment experienced many obstacles, especially in accessing public facilities. To eliminate all these obstacles, the Government of Indonesia pursues one way of doing so by fulfilling the right to accessibility to public facilities for PwDs. Such fulfillment efforts begin by ratifying the International Convention on Persons with Disabilities that govern the fulfillment of those rights. In addition, the effort taken also to give birth to the national legislation about persons with disabilities namely Law No. 8 of 2016. In the Act is regulated one of several rights, namely the right to accessibility. In this article we will describe the right accesibiltas which is part of human rights and the availability of legal guarantees in Indonesia on the right to accessibility for persons with disabilities in some legislation related to public facilities, namely the right to accessibility to building, spatial and region and transportation. The conclusions presented in this article are, firstly, the right to accessibility is an integral part of the concept of human rights. Secondly, the right to accessibility to public facilities for persons with disabilities is accommodated in several laws and regulations in Indonesia.

German Labor Law in Transition

2005 ◽  
Vol 6 (4) ◽  
pp. 805-815
Author(s):  
Marita Körner
Keyword(s):  
World War Ii ◽  
Trade Union ◽  
Labor Law ◽  
Constitutional Court ◽  
Labor Legislation ◽  
Discrimination In Employment ◽  
Federal Constitutional ◽  
Part Time ◽  
The Right ◽  
High Level

For decades, German labor law has been among the most advanced in the world, although no labor code was ever enacted like, for e.g., in France with its ‘Code du travail’ adopted on 15th November 1973. In Germany, after World War II, German labor legislation developed a great variety of specific Acts covering individual and collective labor law. Basics, like protection against dismissal or collective bargaining, as well as employee participation in works councils, reached a high level. Although German law belongs to the Continental legal systems and thus is mainly based on legislation, some of the most important aspects of collective labor law, especially trade union law and the right to strike are not regulated by statutory law. Bundesarbeitsgericht (the Federal Labor Court) and Bundesverfassungsgericht (the Federal Constitutional Court) filled in the blanks step by step in a variety of decisions. Accordingly, these crucial fields of labor relations are based on mere case law. It turned out to be politically impossible to get trade union law and the law on strike and lock-outs enacted. Despite statements to the contrary, the parties involved seem to be content with this rather flexible handling. On the whole, German labor law became more and more protective over the years, including aspects like equality and prohibition of discrimination in employment, sick-leave payment, and the possibility to claim a part-time job under the 2000 Act on Teilzeit- und Befristungsgesetz – TzBfG (Part Time and Temporary Work).

COMMONWEALTH Forum: The Politics of Science or the Science of Politics

Commonwealth ◽  
2017 ◽  
Vol 19 (1) ◽  
Author(s):  
John Arway
Keyword(s):  
Public Policy ◽  
Natural Resource ◽  
Factual Information ◽  
The Past ◽  
Difference Of Opinion ◽  
History Of ◽  
The Right ◽  
Scientific Facts ◽  
Environmental Agency ◽  
Laws And Regulations

The challenges of including factual information in public policy and political discussions are many. The difficulties of including scientific facts in these debates can often be frustrating for scientists, politicians and policymakers alike. At times it seems that discussions involve different languages or dialects such that it becomes a challenge to even understand one another’s position. Oftentimes difference of opinion leads to laws and regulations that are tilted to the left or the right. The collaborative balancing to insure public and natural resource interests are protected ends up being accomplished through extensive litigation in the courts. In this article, the author discusses the history of environmental balancing during the past three decades from the perspective of a field biologist who has used the strength of our policies, laws and regulations to fight for the protection of our Commonwealth’s aquatic resources. For the past 7 years, the author has taken over the reins of “the most powerful environmental agency in Pennsylvania” and charted a course using science to properly represent natural resource interests in public policy and political deliberations.

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