Basic humanitarian principles applicable to non-nationals

This article examines the general status in international law of certain fundamental human rights to determine the minimum "no derogation" standards, and then surveys a number of formal agreements between stages governing migration matters, while examining some of the standard-setting work undertaken by the International Labor Organization (ILO) and other institutions. Article 13 of the Universal Declaration of Human Rights, proclaims the right of everyone to leave any country, including his or her own. The anti-discrimination provision is widely drawn and includes national or social origin, birth, or other status. Non-discrimination is frequently the core issue in migration matters; it offers the basis for a principles approach to questions involving non-nationals and their methodological analysis, as well as a standard for the progressive elaboration of institutions and practices. As a general rule, ILO conventions give particular importance to the principle of choice of methods by states for the implementation of standards, as well as to the principle of progressive implementation. Non-discrimination implies equality of opportunity in the work field, inremuneration, job opportunity, trade union rights and benefits, social security, taxation, medical treatment, and accommodation; basic legal guarantees are also matters of concern to migrant workers, including termination of employment, non-renewal of work permits, and expulsion. The generality of human rights is due not because the individual is or is not a member of a partucular group, and claims to such rights are not determinable according to membership, but according to the character of the right in question. The individualized aspect of fundamental human rights requires a case-by-case consideration of claims, and the recognition that to all persons now certain special duties are owed.     

Economic Rights,Economic Myths,and Economic Realities

Summary

Although the myth is that gay and lesbian people, especially gay men, are affluent and are faring well in the workplace, research shows that they in fact experience wage discrimination and lack many other fundamental rights related to employment. This article reviews the literature addressing gay, lesbian, bisexual, and transgend-ered people as workers, showing the ways in which their economic rights are still compromised in the United States today. The social work profession must understand these realities and seek ways to address them.     

Organizational Uncertainty and Labor Contracts in China's Economic Transition

Lifetime employment was a cornerstone of the Chinese socialist system constructed under Mao. In this system, organizations served the function of social security, and as a result, many organizations were overburdened with bloated work forces and retirees that drew from organizational coffers well into old age. Labor contracts fundamentally alter this system, as they allow firms to end the socialist institution of lifetime employment. Yet there is significant variation on the institutionalization of labor contracts in organizations. Based on a sample of 81 firms in industrial Shanghai, I show that organizations that are experiencing uncertainty in the economic transition are more likely to institutionalize labor contracts on an organizationwide basis. There are two types of organizational uncertainty in the economic transition: economic uncertainty and administrative uncertainty. In cases of economic uncertainty, firms that lost money in 1990 and firms that are burdened by large forces of retired workers are more likely to place their workers on labor contracts. In the case of administrative uncertainty, firms that are at the highest levels of the industrial hierarchy are also significantly more likely to place their workers on labor contracts. Although these upper level firms were the most protected under the command economy, they are being forced to handle the greatest among the responsibilities in the economic transition, and as a result, they experience the greatest sense of being set adrift by the state.     

Racial Submarkets in Government Employment: African American Managers in New York State

This paper reports on a study of the employment situation of African American managers within New York State government. We argue that affirmative action, while having created employment opportunities for minority professionals, has also created racial submarkets in government. We identify three categories of jobs, a mainstream category and two sorts of minority categories, based on the racial composition of incumbents and constituencies that they serve. African Americans in minority submarket positions appear to have equal pay relative to comparable African Americans in mainstream jobs. They are less likely to have civil service job protection. There is limited mobility between submarkets; more professionals move from the mainstream to minority positions than vice versa. In the current period of budget reductions in state government, black professionals experience considerable job insecurity and express dissatisfaction with the policies that created the minority submarket.     

Using transformative learning as a model for human rights education: a case study of the Canadian Human Rights Foundation's International Human Rights Training Program

This paper examines the essential practices and conditions for fostering transformative learning using the Canadian Human Rights Foundation's International Human Rights Training Program as a case study. It suggests that the program's participants challenge their own values and assumptions about human rights, their work and their society through critical reflection. Consequently, it argues that if human rights educators are to contribute to the transformative education of others, it is necessary for them to understand the theoretical and practical underpinnings of the learning process associated with human rights education.     

The Infringement of the Right to Establish a Family for Jewish Spouses Who Are Mutually Proscribed from Marrying Each Other

Abstract

The article focuses on one of the most painful experiences in intimate relationships and unveils a hitherto unexplored type of human right infringement, namely the right to establish a family in Israel, purported to be a democratic state. Thousands of couples are proscribed from marrying each other every year in Israel. This paper focuses on Jewish couples consisting of male Cohanim (descendants of Jewish priests) and female divorcées, as one among other types of forbidden marriages. Four themes emerged from data analysis of narratives of 26 interviewees, which converged to a common motif of liminality of Cohen-divorcée couples. Based on empirical data, I describe the predicament attendant to this human rights violation which is transmitted to offspring of these couples. The article argues that this liminality undermines the basic rationale of the prevailing millet (personal law) system and discusses the implications of this liminality for human rights and religion-state relations.     

Legal aspects of exclusive representation: Ruminations on the private-public sector analogy

From the perspective of a management labor lawyer, this article argues that any legitimate theory of employment rights must be founded on the premise that employment is a voluntary relationship governed by mutual consent. In contrast, the erosion of the doctrine of at-will employment and the substitution of its legal antithesis, the tort of wrongful discharge, depend on a conception of employment rights as something the employee possesses at the employer’s expense, that is, without the employer’s consent. The theme of this article is that an employment right does not exist apart from contract. The government cannot violate an employment right unless it prevents a willing employee and a willing employer from making a contract concerning a proper subject on terms satisfactory to both. In public sector employment, the state is one of the parties to the employment contract. In most cases, a public employer cannot be “willing” if the same sovereign or polity has enacted conditions on public employment, that is, has placed limitations on itself. This article analyzes the legal aspects of exclusive union representation and related union security arrangements within this conceptual framework. Member, State Bar of California. Associate, Latham & Watkins, Los Angeles and San Diego. I wish to thank my colleague, Mark W. Smith, for his helpful suggestions and comments during the preparation of this paper. The views expressed here are solely those of the author.     

Freedom of association and collective bargaining in the platform economy: A human rights-based approach and an ever-increasing mobilization of workers

This paper examines the exercise of the rights to freedom of association and collective bargaining by platform workers. It focuses on several significant developments involving the collective organization of platform workers worldwide, and considers the rights to freedom of association and collective bargaining as human rights. It contends that the shifting context of work has led to changes in modern workplaces, which, in turn, have generated a novel interest in the adoption of a human rights-based approach towards labour protection. This approach considers that all workers are entitled to rights, such as the right to collective bargaining, which derive from international human rights instruments.     

The Right to Return in China

The right to return has been affirmed as a fundamental human right in several international instruments. While being a fundamental human right, each state has the sovereign right to regulate the right to return in accordance with its own laws. The regulation of the right to return, however, is not only an attribute of sovereignty but an issue with important political, economic and security implications for the state. Given its significance, it is understandable and desirable that states regulate the right to return. The regulation must however take account of both the interests of the state and the human rights dimension of the right. A careful and well-coordinated returning strategy with a well-defined the right to return focus could enhance China's economic progress as well as its international human rights image.
China's current policies on the right to return still reflect a closed culture. Few among the 5 million Huaqiao lodge applications to return to China for permanent residence or employment. Eleven million illegal migrants have difficulty meeting the impracticable requirements of passport re-issue, replacement and extension. The Chinese government's behaviour in imposing limitations on citizens from returning to China is unacceptable. China may have some justifications for its restrictive approach, but on balance, has more to gain from adopting a more liberal approach. The issue of the right to return in China is crucial both for the future of China, and for development of the right to return in the world.     

‘The Right to Choose or Choosing What's Right? Women's Conceptualizations of Work and Life Choices in Contemporary Russia’

The resulting social and economic transformations of marketization and democratization have had a significant impact on the employment terrain of post‐socialist Russia. This has had particular effects on the forms and structures of work available for women. Our article argues that as a result of these social and economic transformations, the metaphor of ‘choice’ inherent in current theoretical approaches to the study of women at work in western contexts can also be adapted to the post‐socialist context. Building on existing research on women and work in the UK and in Russia, we seek to provide new insights into Russian women's own understandings of work and non‐work choices grounded in an analysis of women's use of rights discourses. Drawing on in‐depth interview data with 49 women living in the provincial Russian city of Ul'ianovsk, we explore constructions of work in relation to narratives of discrimination; as a means of ‘samorealizatsiia’, and as ‘choice’ reflecting the continuing inseparability of public and private roles for women. Situating our work in wider global debates affecting the gendered nature of employment, the examination of the use of rights discourses not only highlights the multiple ways in which women perceive their choices about work but also offers an alternative conceptual framework.     

Doing Disability: Disability Formations in the Search for Work*

Disability theorists have spent much time discussing how disability is defined. The theoretical roots for these debates reside in the medical, structural, and minority models of disability. The medical model views disability as equivalent to a functional impairment; the minority model sees a lack of equal rights as a primary impediment to social equality between able and disabled populations; and the structural model looks to environmental factors as the cause of disability. While debates over how to define disability are informative, there is currently an insufficient amount of empirical research looking at how people come to identify themselves as having a disability. Rather than focus on how disability is (or should be) defined, herein we look at how disability identities are constructed as people search for work. We show that people's interactions with employers and employment agencies have important influences on how disability identities are constructed. We borrow from the “doing gender” and “racial formations” paradigms to introduce an interactive approach to looking at how disability identities are constructed. We introduce the concept of disability formation to highlight how disability identities are continually negotiated through interactions with employment agencies and employers. Our findings are based on focus groups with 58 people who self‐identified as having a disability and were working or searching for work.     

Privacy,technology, and conflict: Emerging issues and action in workplace privacy

IV. Conclusion Growing employee awareness of the degree to which their personal privacy is compromised in the workplace, particularly with regards to information/telecommunicatton-system use and work monitoring, has created an organizational and political climate that may yield significant restrictions on employee monitoring and on how employers maintain and distribute employees’ personal information. While both federal and state governments have generally deferred to the right of the employer-as-owner to set conditions of employment that may include intrusions into employee privacy (Grodin, 1991), a number of statutory restrictions have been promulgated or proposed that will significantly expand employee privacy rights in the workplace. Additionally, it is probable that unions will aggressively assert employee privacy rights within the context of collective bargaining, potentially using employee dissatisfaction with privacy intrusions as a basis for organizing nonunion firms.     

Anything to Declare? The Struggle for Inclusive Education and Children's Rights

This paper argues for a clear and unequivocal message from those who advocate Inclusive Education. It suggests that the compulsory segregation of children with 'special needs' will continue until the Law underwrites their right to an equal choice of education. The message to advocates is to make the affirmation of children's rights their primary goal, before resorting to detailed educational debates. It also highlights the plight of David McKibben and his family who have taken on the East Belfast Education Board to fight for David's right to attend his local mainstream high school. David experienced further discrimination and rejection by the independent special needs tribunals. David and his family have welcomed the opportunity to have their predicament highlighted in this paper, which asserts that the independent special needs tribunals and current United Kingdom education legislation are fundamentally at odds with the human rights of disabled and non-disabled children.     

Enclaves and Entrepreneurs: Assessing the Payoff for Immigrants and Minorities1

Self‐employment and work in sectors with high concentrations of owners and workers of the same ethnicity have been identified as potential routes of economic success for immigrants. This study uses 1990 census data to assess the effects of self‐employment, ethnic employment, and their interaction on the odds of being at work, on number of hours worked, and on earnings of individual members of several representative groups. These groups include Cubans in Miami; African Americans, Puerto Ricans, Koreans, Chinese and Dominicans in New York; and African Americans, Koreans, Chinese, Mexicans and Salvadorans in Los Angeles. Work in ethnic sectors of the economy has no consistent effects, although work in their niche in the public sector offers greater rewards than any other type of employment for African Americans and Puerto Ricans. Findings are mixed for self‐employment, and its estimated effect on earnings depends on model specification. We conclude that the self‐employed work longer hours but in many cases at lower hourly rates. The effects of self‐employment are the same in ethnic sectors as in the mainstream economy.     

Labour,Legality and shifts in the Public/Private divide

This article discusses the changing role that work performed in private homes has played, and continues to play, in migration law in the Netherlands and at the EU level. It explores to what degree work performed in the home is defined as (exploitative) contractual labour or as inherent to family life, and what this means for claims to residence rights as a precursor to citizenship. It does this by reviewing case law of the European Court of Justice (CJEU) and of the European Court of Human Rights (EctHR) against the background of the Dutch case. It reveals tension between how citizenship is constructed and reproduced at the national level and how it is constructed and reproduced at the EU level. Following Adam McKeown, this article concludes that different perspectives on (reproductive) labour as a qualification for citizenship may reflect different perspectives on (reproductive) labour and the quality of citizenship.

Policy Implications

• Third Country Nationals must be allowed to reside in the EU with their EU children, to ensure the latter's effective enjoyment of fundamental rights.
• Policies to combat trafficking of domestic workers must respect family life.
• Family migration policies must allow individual family members enough scope to resist exploitation within families.
• Policies concerning labour protection, social protection and migration should no longer take the breadwinner‐citizen as point of departure, but the current reality of flexible labour relations in which the distinctions between home and work, and between employment and self‐employment, are no longer sharply defined.

     

Enterprising? Disabled? The status and potential for disabled people’s microenterprise in South Korea

This article explores the position, potential and scope for self-employment and microenterprise for disabled South Koreans. The chronic barriers experienced in disabled people gaining paid work suggest that self-employment and enterprise might offer a good alternative to paid work. The self-determined nature of running a microenterprise has been shown to connect with disabled people who may not conform to standardised notions of body and brain that underpin many mainstream work contexts. Despite this promise, several barriers continue to beset disabled people’s access to micro-enterprise activity; barriers ranging from Confucian precepts, to employment protections that are geared largely towards paid employment and to the lack of training, finance and business support for disabled people starting up and sustaining microenterprise in Korea. The extension of legal protections, meaningful start-up subsidies, better business support and bridges between paid work and microenterprise are all seen as important policy correctives that would better support disabled people.     

Human rights at the heart of the social work curriculum

ABSTRACT

Social work policy and practice all over the world continue to face the impact of the neoliberal agenda. Similarly, social work education has been subject to the economic and political changes, with an increasing emphasis on a discourse of ‘evidence-based practice’. However, it is the core of social work programs in higher education to initiate students in the fundamental values of social work, as they are recognized in the global definition of social work. In order to prepare future social workers for their assignment, human rights should be given an explicit place in the social work curricula at Universities and Universities of Applied Sciences.

For human rights to gain more attention in social work programs in higher education, a Manifesto was written by lecturers’ social work in the Netherlands and Flanders, with a 5-point program to include human rights in the social work curricula. In this article, we elaborate on the five objectives that are presented in the Manifesto. Throughout the paper, we introduce small ‘case examples’ of how human rights can be integrated in education. These experiences show the importance of developing a particular social work perspective on human rights that is found in the idea of ‘human rights from below.’     

Recession,austerity and gender: A comparison of eight European labour markets

The collapse in GDP brought about by the global economic crisis in 2008 affected female employment less than male employment, whereas austerity has been particularly harsh on women, a gendered impact described in the literature as “he‐cession to sh(e)‐austerity”. This article analyses gendered trends in the labour markets of eight European countries, decomposing quarterly changes in labour participation of women and men and in employment by sector. The “he‐cession to sh(e)‐austerity” scenario is not observed in all countries. Other channels through which austerity policies can jeopardize gender equality and women's rights are identified with reference to a typology of such policies.     

Rights to research: utilising the Convention on the Rights of Persons with Disabilities as an inclusive participatory action research tool

For those labelled disabled, disability rights are synonymous with human rights, not merely a sub-category. In this paper we consider disability rights in terms of the right of people labelled with learning difficulties to be actively involved in research. Examples from an inclusive participatory action research project undertaken in partnership with people labelled with learning difficulties demonstrate how the Convention on the Rights of Persons with Disabilities was operationalised using photo-voice to facilitate accessible research, analyse findings and promote social change.