In twentieth century Europe and the USA, industrial relations, labour, and workers' rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of (...) this change for how workers' rights are governed around the globe. This paper addresses this gap by outlining an agenda for future research into the transnational governance of workers' rights. Fulfilling such a research agenda would be both challenging, as it requires combining the so far divergent industrial relations and business ethics research streams, and rewarding, as it provides ample scope for promising future research. (shrink)

In twentieth century Europe and the USA, industrial relations, labour, and workers’ rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of (...) this change for how workers’ rights are governed around the globe. This paper addresses this gap by outlining an agenda for future research into the transnational governance of workers’ rights. Fulfilling such a research agenda would be both challenging, as it requires combining the so far divergent industrial relations and business ethics research streams, and rewarding, as it provides ample scope for promising future research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Driven from Home: Protecting the Rights of Forced Migrants Edited by David Hollenbach, SJ, and: Kinship across Borders: A Christian Ethic of Immigration by Kristen HeyerRené M. Micallef SJDriven from Home: Protecting the Rights of Forced Migrants EDITED BY DAVID HOLLENBACH, SJ Washington DC: Georgetown University Press, 2010. 296 pp. $20.46Kinship across Borders: A Christian Ethic of Immigration KRISTEN HEYER Washington DC: Georgetown University Press, 2012. (...) 210 pp. $29.23Although based on a conference held at Boston College in November 2008, Driven from Home is no less timely today, given the context of current debates on immigration in the United States, the European Union, Australia, and the Middle East. David Hollenbach’s introduction explains how the book brings together Christian (mostly Catholic) theologians, human rights activists, humanitarian practitioners, and legal scholars to help us focus on a class of persons referred to as “forced migrants” or “persons needing protection.” These individuals are neither classical “convention refugees” (according to international law definitions) nor are they simply “migrant workers” (in the classical sense) since their basic human rights to security and subsistence cannot [End Page 230] be adequately guaranteed in their home country or region. They do not emigrate merely in search of a higher standard of living; rather, forced migrants enter and settle in foreign lands seeking some sort of “protection” similar to that afforded to “conventional” refugees. More concretely, the book focuses on persons on the move—individuals fleeing violence and the extreme poverty rampant in regions devastated by ecological degradation and natural disasters.Extending the logic of the 1952 Refugee Convention and adapting it to the realities of today, one can argue convincingly that the international community has a duty to protect such persons when their states of origin are structurally unable or unwilling to afford protection (as argued in Susan Martin’s essay). However, paternalistic approaches that diminish rather than augment the agency of local governments and migrants are to be avoided (as maintained in M. Brinton Lykes’ essay). The book helps us reflect on what can be done to guarantee the basic rights of forced migrants not only at the level of international law and institutions but also through domestic and regional policymaking spurred and inspired by both Christian and secular global-humanitarian values. Such values are eminently compatible when applied to this particular issue (see Silvano Tomasi’s contribution). Agbonkhianmeghe Orobator’s essay—which offers insightful reflections (albeit rather general ones) from Christian ethics, ecclesiology, and biblical theology—likewise points to the need for a truly interdisciplinary approach to the issue. The other authors help the book achieve precisely this. Theological ethics finds its own distinctive place and voice in dialogue with a range of perspectives: legal and political sciences and case studies (Frank Brennan, Daniel Kanstroom); philosophical approaches (Arash Abizadeh); and sociological research on particular migrant populations (M. Brinton Lykes, Maryanne Loughry). The book includes essays that integrate case studies, technical reflections, useful summaries of theological principles and doctrines (J. Bryan Hehir, Mary M. DeLorey, and Tomasi), and philosophical stances (Abizadeh, Thomas G. Weiss), and present practical and legal proposals (see Martin’s essay). A stimulating read for scholars and for the general public, the volume provides good training material for faith-based activists and practitioners.The argumentation strategy in many of the essays in Driven from Home is to appeal to the reader’s sense of solidarity with the needy or suffering neighbor. It promotes the virtues of hospitable citizenship and hospitable disciple-ship while carefully trying to convince national and international policymakers to reinforce and expand the international protection regime. Emboldened by the 2005 “Responsibility to Protect” breakthrough at the United Nations, the authors seek to remain acceptable to a wide audience in an atmosphere of resurgent nationalism, nativism, and protectionism. The authors generally avoid harsh critiques of Westphalian models of sovereignty and do not dwell [End Page 231] on the Catholic doctrines of the universal destination of created goods and the (circumscribed) right to immigrate (and not only to emigrate). Rather, they seek to introduce a new protection niche without fundamentally challenging the prevailing ideology of sovereignty, gently proposing new legal instruments as though they... (shrink)

The deteriorating situation of migrant workers’ health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums—the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum—are barriers to migrant workers’ right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the (...) rule of law, and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers’ health rights protection. (shrink)

ABSTRACT:Globalization has brought increased attention to the notion that labor rights such asfreedom of association—the right of workers to organize a union—are fundamental human rights. However, the vigorous opposition to freedom of association by US firms is largely ignored in the business ethics literature and exacerbated by compensatory corporate citizenship rating mechanisms that tend to mask labor rights deficiencies. I argue that because freedom of association is a hypernorm, instrumental to fully realizing basic human (...) class='Hi'>rights, labor rights and human rights are largely inseparable. Thus, respect for labor rights is a non-substitutable requisite of corporate citizenship. I conclude by providing examples of corporate labor relations strategies that respect freedom of association and business firms that are leading the way. (shrink)

Starting from the impossibility of understanding fundamental rights from the standpoint of natural law doctrine or positivism, the author tackles the issue of rights from a realistic point of view, that is to say from the perspective of law and politics on the one hand, and from the perspective of public morality, on the other. Thus the foundation of fundamental rights is the meeting point of conceptions of social morality that are current in the modern (...) world and the political aspect of the conception of pluralist democracy. Moreover, fundamental rights are considered an instrument to enable the social and moral development of human beings. (shrink)

In the past decade, Ethiopia has demonstrated a strong ideological convention to the East-Asian model of ‘developmental state’, which stands for state-led industrialisation as its underlying industrial policy premise. Nevertheless, the labour rights externalities of this industrial policymaking have been overlooked in the existing academic and practical policy debates. Hence, using qualitative empirical data, the article attempts to address the research gap by analysing why and how Ethiopia’s state-led industrialisation and the corporate behaviours of apparel-exporting firms, as well as (...) their respective global brand buyers, have contributed to the existing poverty wages and repressive practices against the associational rights of local industrial workers at those selected apparel-exporting industrial parks of the country. The maxim of industrialisation with a human face has increasingly become a promising alternative to the neoclassical intellectual view of labour relations following its fundamentals towards achieving a more sustainable industrial development in a given state. In light of this human right imperative, the finding revealed Ethiopia’s stateled industrialisation has firmly embraced strong business-state alliances, thereby curbing the power of local industrial workers. The Ethiopian government employs diverse de facto or de jure labour control mechanisms across those selected apparel-exporting industrial parks of the country. This is manifested through poverty wages and repressive measures todeny the associational rights of workers. Further, the flawed Corporate Social Responsibility (CSR) of employing firms and their respective global brands have contributed to the ongoing labour abuses across those selected apparel-exporting firms. Hence, Ethiopia’s industrial policy is expected to navigate a reasonable balance between facilitating industrial catch-up and ensuring labour standards for more viable and sustainable labour relations. (shrink)

Genetic intervention is on the near horizon for the treatment of substance abu se. Genetic intervention involves a reprogramming of a person’s own genetic instructions so that that person will no longer have the physical craving for the drug of choice. Unlike pharmacologic intervention, genetic intervention will change the genetic identity of the person, albeit slightly. The legal issue is whether one has a fundamental right to this medical procedure. A fundamental right is one that the government cannot (...) deny without a compelling interest. The case law indicates that the right o f medical necessity applies when the person’s affliction is serious, there are no reasonable or effective alternatives, the person did not intentionally cause the condition, and the treatment is effective for the long term. Unlike the medical marijuana ph enomenon, genetic intervention is per se anti - drug, unrelated to illegal, recreational drug use, and on its face has a medical use. Legal doctrines to date though not directly on point are conceptually compatible with the existence of a fundamental right of medical necessity for genetic intervention. (shrink)

ABSTRACT:Globalization has brought increased attention to the notion that labor rights such asfreedom of association—the right of workers to organize a union—are fundamental human rights. However, the vigorous opposition to freedom of association by US firms is largely ignored in the business ethics literature and exacerbated by compensatory corporate citizenship rating mechanisms that tend to mask labor rights deficiencies. I argue that because freedom of association is a hypernorm, instrumental to fully realizing basic human (...) class='Hi'>rights, labor rights and human rights are largely inseparable. Thus, respect for labor rights is a non-substitutable requisite of corporate citizenship. I conclude by providing examples of corporate labor relations strategies that respect freedom of association and business firms that are leading the way. (shrink)

The weakening of mechanisms for international cooperation within the context of the right to minimum wage can be explained by the increasing power of new players, the transnational corporations on the one hand, and the waning of the power of the state, on the other hand. These processes of globalization produce various challenges to the modern welfare state, such as the ability to attain minimum wage. This right is vital particularly to weakened workers that would otherwise be remunerated at (...) a very low wage, which could likely lead to poverty. This right poses, however, numerous challenges, in particular the ability of international labor law to define it across borders. The article describes three models for defining this right: the existential deficiency model, the welfare model, and the comfort model and analyzes the various forms regulating the right to minimum wage in international regulations, state regulations, and codes of conduct of transnational corporations examining the ramifications of globalization within the context of labor rights. Moreover, the article suggests changes to international labor law, required to ensure that it functions as an effective instrument in protecting labor rights and proposes establishing regional parliaments—a supra-governmental body—composed of states and a broad array of interested private parties in its activities to establish fundamental principles relating to various areas of life, such as the basic rights of workers, taxation principles, and principles for protecting the environment. These regional bodies would decide which of the various models used for shaping the right to minimum wage should be adopted as a fundamental principle. (shrink)

The ethical value of intelligence lies in its crucial role in safeguarding individuals from harm by detecting, locating, and preventing threats. As part of this undertaking, intelligence can include protecting the economic well-being of the political community and its people. Intelligence, however, also entails causing people harm when it violates their vital interests through its operations. The challenge, therefore, is how to reconcile this tension, which Cécile Fabre's recent book Spying through a Glass Darkly does by arguing for the “ongoing (...) and preemptive imposition of defensive harm.” Fabre applies this underlying argument to the specifics of economic espionage to argue that while states, businesses, and individuals do have a general right over their information that prevents others from accessing it, such protections can be forfeited or overridden when there is a potential threat to the fundamental rights of third parties. This essay argues, however, that Fabre's discussion on economic espionage overlooks important additional proportionality and discrimination concerns that need to be accounted for. In addition to the privacy violations it causes, economic espionage can cause harms to people's other vital interests, including their physical and mental well-being and autonomy. Given the complex way in which the economy interlinks with people's lives and society, harms to one economic actor will have repercussions on those secondary economic entities dependent on them, such as workers, buyers, and investors. This, in turn, can produce further harms on other economic actors, causing damages to ripple outward across society. (shrink)

Hermann Cohen (b. 1842, d. 1919), more than any other single figure, is responsible for founding the orthodox neo-Kantianism that dominated academic philosophy in Germany from the 1870s until the end of the First World War. Earlier German philosophers finding inspiration in Kant tended either towards speculative, metaphysical idealism, or sought to address philosophical questions with the resources of the empirical sciences, especially psychology. In contrast, Cohen’s seminal interpretation of Kant offered a vision of philosophy that decisively maintained its independence (...) from empirical psychology, without at the same time simply lapsing back into uncritical metaphysics. Cohen brought these attitudes to bear on a wide range of topics, writing systematically about epistemology, philosophy of science, ethics, law, political theory, and aesthetics. His anti-psychologism became a defining commitment not only of the Marburg School of neo-Kantianism, founded by Cohen himself, but of orthodox neo-Kantianism more generally. Indeed, that commitment ultimately defined the philosophical context from which, in the early twentieth century, both phenomenology and logical positivism emerged. No less significant than his influence on academic philosophy, Cohen was his generation’s preeminent German-Jewish public intellectual and religious philosopher. His philosophical ethics and political theory provided the foundation for a non-Marxist, Kantian democratic socialism that informed his more popular and topical writings. He argued publicly for universal suffrage and for the rights of workers to organize democratically-constituted collectives. He also saw deep points of connection between ethics and religion, and developed a view of Judaism as a fundamentally ethical system of belief and practice. He argued that monotheism was the historical source of the idea of universal ethical laws, and thus that Judaism offered the world its first model of a universalist morality. This view of Judaism’s ethical significance ultimately informed Cohen’s public defense of the Jews’ place in Germany not only against anti-Semitic attacks, but also against the arguments of early twentieth-century Zionists. However, Cohen’s influence on Jewish thought extends far beyond debates within Imperial Germany: his late religious writings inspired a broad renewal in twentieth-century Jewish ethics and philosophy of religion. (shrink)

La comunicación que presentamos pretende mostrar las consecuencias que el sistema implementado por el sindicato agrícola Unió de Pagesos en Cataluña -por el que se realiza el reclutamiento, importación y suministro de mano de obra extranjera para el campo catalán- produce: un sujeto limitado en el justo goce de sus libertades y el legítimo ejercicio de sus derechos. La política migratoria la responsable del surgimiento de un sistema tal, cuyo germen está en la relación simbiótica Estado/Sindicato, cuyos intereses -la entrega (...) just in time de la mano de obra y el control social del extranjero- se armonizan en su puesta en práctica. En los alojamientos, infraestructura del sistema, se procura la docilización de los individuos necesaria a su continuo suministro a través de variados dispositivos, entre ellos, normativas de alojamiento, supervisión constante y regímenes de visita. (shrink)

RESUMEN: El presente trabajo propone un análisis de los Derechos Fundamentales de los pueblos indígenas a la luz de los principios internacionales de Libre Determinación y Consulta Previa, como fundantes y presupuestos de los demás Derechos Indígenas. En consecuencia, se analiza el Derecho a la Consulta, que debe ser previa, libre, informada, de buena fe, culturalmente adecuada y con el propósito de obtener el consentimiento; donde todas éstas características son el estándar mínimo a cumplir en cualquier proyecto de desarrollo o (...) extractivo que afecte a pueblos indígenas, por lo que debe explicarse también el extractivismo al interior de los estados-nación y su modus operandi, que ha provocado la existencia de zonas y regiones que algunos autores caracterizan como “estados de excepción” o estados de “de no-derecho”. El análisis propuesto contrasta las bases mencionadas con algunos casos llevados ante la jurisdicción del Sistema Interamericano de Derechos Humanos, cuya última fase descansa en las sentencias de la Corte IDH.ABSTRACT: The present paper proposes an analysis of the Fundamental Rights of the indigenous peoples in the light of the international principles of Free Determination and Prior Consultation, as foundations and budgets of the other Indigenous Rights. Consequently, the Right to Consultation is analyzed, which must be prior, free, informed, in good faith, culturally appropriate and with the purpose of obtaining consent; where all these characteristics are the minimum standard to be met in any development or extractive project that affects indigenous peoples, so the extractivism within the nation-states and its modus operandi, which has caused the existence of zones and regions that some authors characterize as "states of exception" or "non-right" states. The proposed analysis contrasts the mentioned basis with some cases brought before the jurisdiction of the Inter-American Human Rights System, whose last phase rests on the judgments of the Inter-American Court.PALABRAS CLAVE: Libre determinación y consulta, Derechos Fundamentales, pueblos indígenas. KEYWORDS: Free determination and consultation, Fundamental Rights, indigenous peoples. (shrink)

Abstract Democracy is a fundamental right linked to the realization of a person’s worthy life project regarding its corresponding fulfillment of Human Rights. Along with the procedures to form political majorities, it is mandatory to incorporate the substantial part as a means and end for the normative content of Human Dignity to be carried out allowing it to: i) freely choose a project of valued life with purpose and autonomy ii) to have material and intangible means to function (...) in society; and iii) to live free from harm and fear in order to achieve human flourishing. The integral democracy is a means and an end to materialize individual happiness and the common good as long as everyone has concrete opportunities to unfold its inherent human dignity capacities within the trademark of the democratic constitutional State. Assuming this, integral democracy is the fundamental right of Fundamental Rights. (shrink)

Pierwszorzędnym przedmiotem badań są przyjęte w Karcie, wprost lub domyślnie, rozstrzygnięcia typu aksjologicznego. Przez „aksjologiczne podstawy” rozumiane są rozstrzygnięcia dotyczące uznania takich, a nie innych, wartości czy dóbr za przedmiot ochrony; a ponieważ chodzi o „podstawy”, przedmiotem zainteresowania są rozstrzygnięcia fundamentalne w takim sensie, że stanowią one uzasadnienie dla bardziej szczegółowych rozstrzygnięć aksjologicznych i normatywnych. Pozwala to m.in. na formułowanie wniosków co do spójności rozstrzygnięć szczegółowych. Zagadnienie aksjologicznych podstaw obejmuje także problematykę relacji między wartościami a prawami podstawowymi oraz zagadnienie ontologicznego (...) statusu wartości i chronionych praw. Artykuł zawiera także wyniki badań nad wprowadzeniem do preambuły Karty w wersji niemieckojęzycznej zapisu o religijnym dziedzictwie, odbiegającego od brzmienia w innych językach mówiącego o dziedzictwie duchowym. (shrink)

Introduction: Non-violent resistance, carried out by healthcare workers, has been a common phenomenon. Despite this and despite the issues this type of action raises, we know little about the healthcare workers who engage in this action and their perspectives about its justification. This exploratory study sought to address this gap, examining these fundamental questions amongst a sample of healthcare workers who have engaged in acts of resistance, exploring their understanding of non-violent resistance, its justification and the (...) barriers they faced in engaging in such action. Methods: Participants were recruited through Medact's ( https://www.medact.org/ ) member database and directed to an online survey hosted on Qualtrics. While participants were unlikely to be representative of the broader UK healthcare community, participants were in an advantageous position to comment on non-violent resistance. Descriptive quantitative analysis and a content analysis were conducted. Results: The majority of participants felt that non-violent resistance could be justified dependent on its cause and/or the action in question. Within this, most felt that if action were non-violent, that if it didn't harm patients and that if the issue in question had to do with health being compromised, action was often justified. A number of others framed their justification as being a right or duty to engage in non-violent resistance. In relation to barriers to engaging in non-violent resistance, these fell into three categories: personal, professional and broader concerns related to society or the general culture found in healthcare. Within these, time and concerns about registration or the consequences of engaging in action were cited as the greatest barriers. Conclusions: These results suggest that healthcare workers who regularly engage in non-violent action carefully thought through their actions, acknowledging the diversity of actions and issues that could be challenged, for many patient care remained a primary concern. There is a need for clarity from regulatory bodies and in particular the need for dialogue between healthcare bodies and healthcare workers who continue to engage in acts of non-violent resistance. (shrink)

Zasadniczym przedmiotem analiz tego opracowania jest pojęcie godności w Karcie praw podstawowych Unii Europejskiej z 7 grudnia 2000 r. Interpretacja Karty prowadzona jest z uwzględnieniem postanowień Traktatu z Lizbony z 13 grudnia 2007 r., który podniósł Kartę do rangi prawa traktatowego. Uwyraźnienie treści pojęcia godności w Karcie dokonywane jest przez pryzmat paradygmatu rozumienia godności utrwalonego już w prawie międzynarodowym praw człowieka na poziomie uniwersalnym, czyli prawa kształtowanego i funkcjonującego w ramach Organizacji Narodów Zjednoczonych. Paradygmat uniwersalny, w którego centrum znajduje się (...) uznanie godności za przyrodzoną (inherent – „nieoddzielalną), powszechną, równą i za źródło wszystkich praw człowieka, był dotąd w systemach prawnych powszechnie akceptowany. Obejmował on elementy prawnonaturalne, które po doświadczeniach z dwudziestowiecznymi systemami totalitarnymi i systemami – mówiąc słowami Gustawa Radbrucha – „ustawowego bezprawia”, uważane były za pożądane, nie tylko w prawie międzynarodowym. Przy bliższym przyjrzeniu się najważniejszym postanowieniom prawa europejskiego dotyczącym godności i podstaw praw człowieka okazuje się, że paradygmat uniwersalny został radykalnie zakwestionowany – w miejsce ugruntowania praw człowieka w czymś obiektywnym, przyjęto ich ugruntowanie w kulturze. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. (...) Therefore, they cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

This article seeks to address the manner in which we should conceptualise the duties of directors in making decisions where fundamental rights are at stake. We first attempt to show that, in making decisions that implicate fundamental rights, directors are required to consider all individuals affected as having an intrinsic dignity. The interests of non-shareholders must thus be addressed in a non-instrumental manner which, we argue, is only compatible with the adoption of a ‘stakeholder’ conception of (...) directors’ duties. Adopting such an approach, however, raises the difficulty of how directors are to balance multiple intrinsically valuable interests. We argue that the doctrine of proportionality—which has been developed in fundamental rights law as a structured enquiry concerning the circumstances in which it is justifiable to limit rights—can be adapted to the domain of corporate decision-making. The proportionality enquiry provides a transparent, structured process of reasoning that can aid corporate decision-making and open up the possibility for reviewing decisions of directors that affect the fundamental rights of individuals. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the (...) AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the (...) AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the (...) AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

This article examines joint action initiatives among small- and medium-sized enterprises in the manufacturing industries in developing countries in the context of the ascendancy of corporate social responsibility and the proliferation of a variety of international accountability tools and standards. Through empirical fieldwork in the football manufacturing industry of Jalandhar in North India, the article documents how local cluster-based SMEs stay coupled with the global CSR agenda through joint CSR initiatives focusing on child labor. Probing further, however, also reveals patterns (...) of selective decoupling in relation to core humanitarian and labor rights issues. Through in-depth interviews with a wide range of stakeholders involved in the export-oriented football manufacturing industry of Jalandhar in North India, the article highlights the dynamics of coupling and decoupling taking place, and how developing country firms can gain credit and traction by focusing on high visibility CSR issues, although the plight of workers remains fundamentally unchanged. The authors revisit these findings in the discussion and concluding sections, highlighting the main research and policy implications of the analysis. (shrink)

W0mcn’s liberation, it is oftcn said, strikes closer t0 home than othcr forms of human liberation. Although basic shifts in attitudes arc required for thc liberation 0f, for example, workers 0r blacks and othcr ethnic minorities, thcsc types of liberation could bc accomplished without fundamental changes in what we call 0ur “privatc" lives or 0ur personal relationships. The liberation 0f blacks 0r workers is largely an affair 0f public roles and institutions, 21 matter 0f socialjusticc, and it (...) is thus carried 0ut relatively impcrsonally and anonymously in the marketplace and workplace, thc university and governmental institutions. Granted, if thc liberation 0f blacks and workers is t0 bc complete, I might have t0 bc willing t0 have some in my club and my suburb. Somc 0f my bcst friends might then bc blacks 0r workers, and I might even have t0 bc willing t0 have my daughter marry 0nc. Nonetheless, it might well be truc that my club and neighborhood, my friendships, and my relationship t0 my daughter could go 0n pretty much as bcforc, 0ncc "thcy” had been admitted. (shrink)

In the field of history of Chinese philosophy, the key points and difficulties in the research on Fang Yizhi are mainly reflected in two ideological lines: one is how the academic pattern of the transition from Neo-Confucianism in the Song and Ming Dynasties to the texturalism in the Qing Dynasty happened; the other is how the traditional Chinese humanities accepted the western modern natural sciences and technologies. Relatively speaking, in the late Ming and early Qing Dynasties, there were fewer academic (...) discussions on the relationship between intellectual thought and natural science and technology, and no universally accepted explanatory paradigm has been put forward yet. To understand the relationship between science and humanities in late Ming and early Qing Dynasty, as well as that between modern western natural science and ancient Chinese traditional thought, Fang Yizhi is a precious object of study. Fang Yizhi's thinking and practice about "things" is a bridge linking the natural world and the human world. “Thing” in Chinese philosophy has both concrete and abstract attributes, including but not limited to the category of “matter” in Western philosophy. Fang Yizhi has always been regarded as an encyclopedic thinker, and his theory of things is extremely rich. The theory and practice of things are the core of Fang Yizhi's philosophy. Fang Yizhi believes that the three religions all hold that the ultimate noumenon itself is "unknowable" and at the same time is the fundamental basis of every single thing, so people can only "study its origin" from the "knowable", that is, the "thing". This train of thought lies in the base of Fang’s thinking when describing and analyzing the relationship between Dao and things, which includes both theories of the universe and the ontology. This paper holds that the basic idea of Fang Yizhi's philosophy on the theory of body and function is that ‘there is no body but there is function’, while on the theory of universe it is that what above Yin and Yang are unknowable. Because the Dao has no body, it has only the function. And because nothing above the Yin and Yang can be understood, people can only use what is below the Yin and Yang such as the principle, qi 氣, image and number, to form the universal principle through the induction of the principle of “things”. Furthermore, Fang Yizhi ascribes the body, mind, nature and destiny to the concept of things, that is to say, he regards the self as the object of rational cognition. In this relationship, "I" is not only the subject of cognition, but also the object of cognition, thus realizing introspection inward. Thirdly, utensils and heaven and earth, that is, man-made objects and natural objects, are external to the self. Although Fang Yizhi also advocated "making" things external to human beings, under the social class system of scholars, peasants, workers and businessmen, he could only engage in the research of the theory of external things, that is, the so-called science of quality and measurement. On the whole, Fang Yizhi's physical research and practice did not go beyond the scope of Chinese traditional natural science, but he was good at summarizing research methods, actively absorbing the contents of western natural science, and put forward correct ideas on many specific natural science issues. Mou Zongsan's discussion on the relationship between existence and activity inspires the author to think about the significance of the theory of “round ∴”. Fang Yizhi drew a series of laws represented by the theory of “round∴” through the induction of the principle of being. Although these laws are derived from existing things, they themselves are not static, but show two levels of active states: one is the internal dynamics of the laws, that is, the constant rotation; the other is that the law derived from the existing things can be applied to the activities of people, considering eternity and change, the right timing and other variable factors. This paper tries to follow the essence of Fang Yizhi's thought to seek for communication and connection between objects and things, between being and activity, between natural science and moral and human ethics. From the perspective of the development of modern and contemporary Chinese philosophy, the study of mind has always occupied an important position, and the corresponding philosophical research of “things” is relatively lacking. In theory, mind and thing are relative and inseparable aspects, and the thoughts on “things” in traditional Chinese thought resources are comparable to the study of mind in terms of diachronic, textual volume and theoretical depth. The rapid development of modern natural science and technology and its challenges to the human world have promoted the deep and lasting reflecting on the problem of things and the relationship between people and things in western philosophy. Scientific rationality invades every aspect of human's life. The transformation of knowledge to practical technology enhances human's ability to control and transform things. Instrumental rationality dominates human's understanding of things, and “things” fall from the meaning world of human's living situation and become the means to meet human's needs. A re-examination of this period in Chinese history, when pre-modern ideas and science and technology first collided, may be helpful to enlighten us to think about the relationship between science and technology and the world of human significance. (shrink)

Whilst the Charter of Fundamental Rights of the European Union, which became part of binding primary EU law on 1 December 2009, constitutes an important codification and clarification of fundamental rights as they exist in the European Union, the field of application of the Charter is limited in a significant way: the Charter only applies when EU law is at stake. When national courts and authorities in the EU Member States are confronted with problems of purely (...) national law, they are not obliged to apply the Charter but should instead rely on the national constitutional Bill of Rights as well as the international human rights instruments which are binding on the Member State in question. The borderline between EU law and national law is not always easy to establish in a concrete case. This article discusses theoretical and practical problems arising out of the application and interpretation of Article 51(1) of the Charter, according to which the Charter is addressed to the Member States ‘only when they are implementing Union law’. It is suggested to adopt a pragmatic case-by-case approach, asking oneself if there is another norm of Union law than a Charter provision which is directly relevant to a case in concreto. If the answer is yes, also the Charter should be applied, supposing that there is a Charter provision which could influence the outcome of the case. If the answer is in the negative, national courts and authorities are only obliged to apply national law, including the constitutional Bill of Rights and the international human rights obligations of the Member State concerned. (shrink)

In recent years many actors have investigated the possibilities of strengthening legal environmental protection by making appeals to the rights of nature. Such rights have also been legally encoded in some countries. This paper will critically investigate whether it is reasonable to ascribe moral or legal rights to nature. With support from moral and legal philosophy, different propositions in support of rights of nature will be tested to see if reasonable responses can be formulated against objections. (...) If not, the position that nature has rights may ultimately have to be rejected, or at the very least become questionable. It will be suggested that all the investigated propositions require committing to one or several of the following shortcomings: rejecting conventional properties of rights-holders; accepting conventional properties but suggesting that natural objects and processes have those properties; accepting conflicting claims between rights of natural entities and human rights; trivializing the notion of rights. Committing to any of these have significant intellectual and practical costs, and ultimately it will be proposed that the view that nature has rights ought to be rejected. (shrink)

Employee job rights have become a controversial issue, with some courts ruling employees have a fundamental right in retaining their job. Employment at will and assigning the worker a property right to his job are examined from three paradigms of social interaction. An alternative model is presented, and is more consistent with each of the three paradigms.

RESUMEN: En la era de las tecnologías digitales, el Derecho se enfrenta al objetivo de afrontar la protección de los datos personales en un universo global donde las fronteras se diluyen y el principio de territorialidad ha dejado de tener aplicación. Este trabajo pretende plantear el reto que supone, para el ordenamiento jurídico español, la adaptación a la nueva regulación europea en esta materia.ABSTRACT: At the digital´s technologies age, Law faces with the aim to address the personal data protection in (...) a global universe where blurring the borders, and the territoriality principle has ceased to be applied. This paper aims to poset he challenge that supposes, to the Spanish legal system, the adaptation to the new European Union regulation on this matter.PALABRAS CLAVE: universo digital, protección de datos personales, reglamento europeo, constitución española, conflictos de competenciaKEYWORDS: digital universe, personal data protection, european regulation, spanish constitution, competence´s conflicts. (shrink)

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections would indeed be better regulated (...) by—and relegated to—employment and labor law. But contract law is not what contract theorists claim. Neither is contract law what the dominant employment theorists fear—a domain that necessarily misses the constitutive place of work in people’s life-plans and overlooks the systemic vulnerability of workers to their employers. Contract, we contend, is not work law’s canonical “other.” Rightly understood, contract is an autonomy-enhancing device, one founded on the fundamental liberal commitment of reciprocal respect for self-determination. From this “choice theory” perspective, the presumed opposition between employment and contract law dissolves. We show that many employment law doctrines are not external to contract, but are instead entailed in liberal contract itself. Grounding worker protections in contract theory has two salutary effects. First, it offers workers more secure protection than that afforded by their reliance on momentary public-law compromises. Second, it reveals contract’s emancipatory potential for all of us—not just as workers, but also as widget buyers. Contract can empower, and employment can show the way. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bonaventure's Commentary on the Gospel of John, written between 1254 and 1257, provides the reader with an analysis of each verse of the Johannine text, usually in the classic questio mode common to Scholasticism beginning with exposition, question/objection and followed by a fuller exposition contained in the rebuttal. In this respect, it seeks to explain the Gospel according to contemporary Scholastic exegetical norms, relying heavily on Patristic and Medieval (...) predecessors who are liberally quoted. It is one of many biblical commentaries written by Bonaventure and, in a superficial way, functioned as an academic exercise expected of a Master at the University of Paris. It is also a "working document" aimed at the conversion of the reader and intended as an aid to preaching, and this is accomplished through an exposition of Christological doctrine.Bonaventure was also a member, later General Minister, of the Order of Friars Minor and, as such, the Commentary on John combines the Scholastic and Franciscan worlds in which Bonaventure lived in a complementary way as the exposition of Christology is applied to the praxis of conversion and Bonaventure reveals an itinerarium, both Scholastic and Franciscan, within the over-arching, and equally compatible, Christological context of the Fourth Gospel. The juxtaposition of the Scholastic and Franciscan worlds could also be problematic. The problem, if indeed it really is a problem and not simply an invitation to an ever-enriched understanding, is exacerbated when considering Bonaventure as an interpreter of Francis or a master in his own right of the exposition of the Franciscan way. There is nothing new in this. Bonaventure was controversial in his own time and remains so today. Consideration of Bonaventure as an interpreter of the Franciscan vita presupposes an important question: Is it possible to translate the intuitive vision of the founder into the formal academic language of the Scholastics? The answer to the question, though crucial, remains the subject of debate. It must be acknowledged that a vast chasm exists between the rustic world-view of Francis of Assisi and the sophisticated Parisian milieu of Bonaventure. This was apparent from the inception of the Franciscan project, and was keenly felt in Bonaventure's own time. Certainly it is safe to say that Bonaventure's intent is to synthesize, perhaps also to reconcile, the often polarized dialectic present in the relationship of the Franciscan movement of grassroots, intuitive spirituality and the formalized theology of Paris. The Commentary is well suited to this task. Beginning with the Christological suppositions that form the basis of both the Franciscan vita and the core of Scholastic theology, one finds the itinerarium of conversion described by the Fourth Gospel itself quite capable of providing a framework within which the Scholastic and Franciscan concerns can meet, mingle and – hopefully – enrich one another.The Gospel of John is also, fundamentally, aimed at the conversion of the reader and this is described as a process comprised of three stages: one sees Jesus, but it is by no means certain what exactly is being perceived. He is the carpenter from Nazareth, a miracle worker and, by his own testimony, the "One sent from heaven." Two separate roads lie before the observer – to perceive the divine esse in the carpenter from Nazareth, or to refute that supposition and name Jesus a charlatan. The course of the Fourth Gospel follows parallel accounts of various characters as they traverse each of these roads. For those on the path of conversion, the second stage is summed up in "believing." This is not construed, either in the Gospel or by Bonaventure, as blind faith. Rather it is an informed process of understanding as the believer comes to grasp who Jesus is and, in doing so, what he came to do. In this respect, the Johannine formula matches the Scholastic endeavor, which aimed at the reclamation of pre-lapsarian knowledge and, in Bonaventure's usage, is found.. (shrink)

Decision support systems, which incorporate artificial intelligence and big data, are receiving significant attention in the public sector. Decision support systems are sociocultural artefacts that are subject to a mix of technical and political choices, and critical investigation of these choices and the rationales they reflect are paramount since they are inscribed into and may cause harm, violate fundamental rights and reproduce negative social patterns. Applying and merging the concepts of sense-making and translation, this article investigates the rationales, (...) translations and critical reflections that shape the development of a decision support system to support social workers assessing referrals concerning child neglect. It presents findings from a qualitative case study conducted in 2019–2020 at the Citizen Centre Children and Young People, Copenhagen Municipality, Denmark. The analysis shows how key actors through processes of translation construct, negotiate and readjust problem definitions, roles, interests, responsibilities and ideas of ambiguity and accountability. Although technological solutionism is present in these processes, it is not the only rationale invested. Rather, technological and data-driven rationales are adjusted to and merged with rationales of efficiency, return on investment and child welfare. Through continuous renegotiation of roles, responsibilities and problems according to these rationales, the key actors attempt to orchestrate ways of managing the complexity facing child welfare services by projecting images of future potentials of the decision support system that are yet to be realised. (shrink)

An ever more aggressive anti-migration propaganda war is being waged by the majority of British media, where migration in any form is consistently portrayed on the basis of forming and consolidating a response to a security threat. While tens of thousands of migrant workers are exchanging their sweated labour for meagre wages in the 3-D jobs — dirty, dangerous and degrading — in Britain's food-processing, electronic manufacturing, catering, cleaning and hospitality industries outside any mechanism of labour protection, Britain today (...) is still declining to at least ratify the UN Convention on the Rights of Migrant Workers and Their Families in effect since last year. In the post-Morecambe debate on migration and demand for regularizing gangmasters, policing and immigration raids are seen as the quick cure for migrant labour exploitation. The argument sounds as if the only way to get rid of employers’ violation of minimum labour rights is to get rid of migrant workers. Britain has forgotten to ask — who are the migrant workers? They are the ones who sweep British roads, clean British supermarkets and serve you food in restaurants in every high street. They are the ones who sew the clothes you wear, put together your microwaves and process the British salads that you have on your dinner table everyday. Migrant workers are people you don't meet everyday but upon whom you depend. To find out about the chain of exploitation in which migrant workers live and the impact of British immigration controls that are fundamental to their lives, I lived undercover among the Chinese workers from whom I learnt a great deal. (shrink)

This book addresses the pressing issue of severe poverty and inequality, and asks why is it that violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? It provides a sustained argument for placing renewed focus on socio-economic rights as a method of ensuring that governments address extreme poverty. It combines both theoretical and practical perspectives, political philosophy, and constitutional law (...) and policy. (shrink)

The Supreme Court’s antiabortion opinion in Dobbs v. Jackson Women’s Health Org., which overruled Roe v. Wade and Planned Parenthood of S.E. Penn. v. Casey, on the one-hand suggests that the Court may be moving toward eliminating all non-enumerated fundamental rights not deeply rooted in the Nation’s longstanding history and tradition. On the other hand, it may suggest only that the Court might be just opening the door to overruling specific non-enumerated rights with which it no longer (...) agrees. Either way, many long-recognized, non-enumerated, human rights, beyond abortion that are essential to individual autonomy and human dignity are now up for grabs. Such rights in the area of privacy law will most likely include not just abortion, but also contraception, interracial marriage, and the Court’s more recent recognition of same-sex marriage, and possibly still other precedents, including whether states can criminalize adult consensual same-sex behavior in private. More importantly, the proposed foundation for this Court’s potential departure from its past case precedents cannot be justified even by claiming such rights are not deeply rooted in the Nation’s history and tradition. As I hope to show in this article, neither from the point of view of looking to this Nation’s longstanding history and traditions, if properly understood, nor from the point of view of allowing Equal Protection to aide in identifying forms of discrimination not previously recognized or afforded much attention, can departures from past human rights precedents based in autonomy be justified. (shrink)

This paper offers a critical analysis of two central issues in Luigi Ferrajoli’s Principia iuris , and more generally of his theory of rights. One is the way in which ‘expectations’ play a crucial role in his deontic theory by establishing the logical basis for his guarantee-based conception of law and rights. The axiomatic way in which Ferrajoli arrives at his conception of fundamental rights is questioned, for it fails to give a full account of the (...) nature of subjective rights. The other issues discussed here is Ferrajoli’s own defence of the universality of fundamental rights, and how this is made to depend on a ‘normative technique’ that one can associate with legal discourse and modern law in Western societies. This, however, poses the problem of how this formal universalism can be reconciled with the intercultural dialogue that Ferrajoli also advocates. (shrink)

The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to (...) the ECHR. The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (shrink)

This essay re-examines some key fundamentals of the Enlightenment regarding individual rights, responsibilities and republicanism which deserve and require re-emphasis today, insofar as they underscore the character and fundamental importance of mature judgment, and how developing and fostering mature judgment is a fundamental aim of education. These fundamentals have been clouded or eroded by various recent developments, including mis-guided educational policy and not a little scholarly bickering. Clarity about these fundamentals is more important today than ever. Sapere (...) aude! (shrink)

In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of (...) class='Hi'>fundamental rights from that of another decision maker. I elaborate this view by reference to the decision of the House of Lords in Adan and Aitseguer [2001] 1 All ER 593. (shrink)

This history of exclusion from basic rights in South Africa until fundamental rights of every individual were entrenched in the constitution illustrates that respect for sanctity of every person is the basis of the freedom of all the people of South Africa and that all religious communities should protect the Bill of Rights. Neither confessional nor denominational considerations should be put to the fore; the focus should fall instead on the common concern of all religions for (...) the sanctity of the individual. (shrink)

The transmission of cholera, a highly infectious disease, is closely linked to inadequate access to clean water and sanitation facilities, with resource-poor communities, including refugees, rural communities and temporary displacement camps particularly vulnerable to outbreaks. Any disruption in water and sanitation systems or a sudden surge in community size owing to displacement can spark a humanitarian and health crisis, elevating the risk of cholera transmission and possibly triggering a regional epidemic. Recently, Hammanskraal in Gauteng, South Africa, experienced such an epidemic. (...) A multifaceted approach is essential to minimise fatalities and effectively manage healthcare services in such health emergencies. This approach includes early detection, rapid response to contain outbreaks, and the effective deployment of technical support, advocacy, resource mobilisation and partnerships at local, national, and international levels. This paper explores the responsibilities of individuals, healthcare workers, communities and governments in addressing epidemics. It also delves into the concept of collective responsibility with regard to climate change and cholera, as part of the multifaceted approach for cholera prevention and control. While economic development, equal access to safe drinking water, and adequate sanitation are necessary for cholera control, major challenges persist in achieving the fundamental right to a healthy environment in the long term. We also discuss these obstacles and conclude with practical suggestions and recommendations for future cholera prevention. (shrink)

Despite global and local attempts to end female genital mutilation , the practice persists in some parts of the world and has spread to non-traditional countries through immigration. FGM is of varying degrees of invasiveness, but all forms raise health-related concerns that can be of considerable physical or psychological severity. FGM is becoming increasingly prohibited by law, both in countries where it is traditionally practised and in countries of immigration. Medical practice prohibits FGM. The Italian parliament passed a law prohibiting (...) FGM, which has put in place a set of measures to prevent, to oppose and to suppress the practice of FGM as a violation of a person’s fundamental rights to physical and mental integrity and to the health of women and girls. The Italian law not only treats new offences but also wants to deal with the problem in its entirety, providing important intervention in all the sectors. Different kinds of interventions are considered, starting with the development of informative campaigns, training of health workers, institution of a tollfree number, international cooperation programmes and the responsibility of the institution where the crime is committed. Particularly, the law recognises that doctors have a role in eliminating FGM by educating patients and communities. (shrink)