In the context of the Human Rights Dialogue between the European Union and the Islamic Republic of Iran, the Bristih Institute of International and Comparative Law undertook a project on "Human Rights in International Law and Iran". One of the outputs of this project is the publication of the present book, designed as a practical guide and reference book for foreign jurists and human rights defenders ... (Quelle: Text Verlagseinband / Verlag)
"Te Mātāpunenga sets out the terms and concepts of Māori customary law as they are recorded in traditional Māori accounts and historical records, along with modern interpretations of the terms and concepts, the contexts for their cited uses, etymological information, regional differences, and the manner in which customary concepts have been recognised or modified by the legislative and judicial branches of the New Zealand government since 1840. It provides an authoritative point of reference for those wishing to engage in the ongoing public discourse on the future shape of the legal system of our country"--Publisher information
Varstvo materinstva je bistvenega pomena za zdravje in dobro počutje žensk ter njihovih otrok. Ključnega pomena je ženskam zagotoviti dostojno delo in enakost spolov, saj jim omogoča združitev reproduktivne in produktivne funkcije ter prepreči neenako obravnavanje pri zaposlovanju. Magistrsko diplomsko delo obravnava diskriminacijo nosečnic na delovnem mestu na nadnacionalni in nacionalni ravni. Uvodu v drugem poglavju sledi opis pojma in oblike diskriminacije nosečnic na delovnem mestu, v tretjem poglavju pa so na kratko opisani dokumenti, ki urejajo diskriminacijo nosečnic na mednarodni ravni. Ker pa je bistvo naloge primerjalnopravni vidik diskriminacije nosečnic na delovnem mestu, ki se bo nanašal na primerjavo med državami članicami Evropske unije, je v četrtem poglavju opisana diskriminacija nosečnic na ravni Evropske unije, dve najpomembnejši direktivi na tem področju in sodna praksa Sodišča EU. V petem poglavju je bolj podrobno opisana diskriminacija nosečnic na delovnem mestu v Sloveniji, relevantna zakonodaja, postopki v primeru diskriminacije, primeri pred Zagovornikom načela enakosti in nekaj primerov iz sodne prakse slovenskih sodišč. Šesto poglavje je namenjeno primerjavi diskriminacije nosečnic na delovnem mestu v različnih državah članicah Evropske unije, v katerem so primerjane Belgija, Nemčija, Poljska, Romunija, Španija in Švedska. V sedmem poglavju sledijo moji zaključki in ugotovitve, kako kljub zelo veliki zaščiti nosečih delavk v zakonodaji še vedno prihaja do številnih diskriminacij, zakaj je temu tako in kako bi lahko stanje izboljšali. ; Maternity protection is essential for the health and well-being of women and their children. It is crucial to ensure that women have access to decent work and gender equality, to enable them to combine their reproductive and productive functions and to prevent unequal treatment in employment. Master thesis deals with discrimination of pregnant women in the workplace at supranational and national level. The introduction is followed by the second chapter which describes the term and forms of discrimination against pregnant women in the workplace, while the third section briefly describes the documents governing discrimination against pregnant women on the international level. However, since the essence of the thesis is the comparative legal aspect of discrimination against pregnant women in the workplace, which will refer to the comparison between the Member States of the European Union, Chapter 4 describes the discrimination of pregnant women at European Union level, the two most important directives in this field and the case-law of the European Court of Justice. Chapter 5 in more detail describes the discrimination against pregnant women in the workplace in Slovenia, relevant legislation, procedures in case of discrimination, cases before the Advocate of the principle of equality, and some examples from the Slovenian case-law. Chapter 6 is intended to compare the discrimination against pregnant women in the workplace in different Member States of the European Union, comparing Belgium, Germany, Poland, Romania, Spain and Sweden. In Chapter 7 my conclusions are presented and the conclusions on how, despite the very high protection of pregnant worker in legislation, there are still many disparities, why is this the case and how the situation could be improved.
Cilj magistrske naloge je prikaz manifestacije družbene moči skozi pravo, specifično v demokratičnih procesih ; demokracija je temelj razvitih družb ter točka, iz katere naj bi dandanes izviralo vso pravo, zato sem se osredotočila nanjo kot na izvor razlikovanja posameznikov na podlagi sposobnosti (abstraktne) artikulacije interesa v volilnih procesih. Obstajajo namreč določene skupine bitij, ki niso sposobne artikulirati svojega interesa abstraktno, na način, ki je značilen za današnje institucionalizirane volilne procese, zato so iz njih izključene. V tej nalogi sem se osredotočila na primere otrok, mentalno manj sposobnih posameznikov in nekaterih drugih subjektov, katerih interes se ne upošteva na enaki ravni kot interes drugih. Demokracija kot vladavina ljudstva se po mojem mnenju dandanes sprevrača v vladavino tistih, ki imajo golo fizično ter mentalno sposobnost oditi na volišče, brati, pisati, in abstrahirano, torej ne konkretno, izraziti svoj interes ; ne gre torej za vladavino, utemeljeno na ideji temeljne enakosti oziroma neizpodbojno jasnih ter enakovrednih interesov, temveč za vladavino tistih, ki so sposobni artikulirano ter dejavno delovati v družbi, ter zahtevati uveljavitev svojih interesov. Gre torej za neke vrste procesno, ne materialno enakost, zaradi katere tisti, ki niso sposobni artikulacije interesov v družbi, postanejo objekti prava. Ogledala sem si različne poglede na demokracijo, predpise, ki urejajo položaje omenjenih skupin, ter vprašanje (objektivnega ter subjektivnega) interesa, ki je ključno za mojo tezo, saj idejo obstoja diskriminacije utemeljujem na podlagi konkretnega interesa napram abstraktnemu. Poudarjam pa, da gre za pravno-sociološko, ne za primarno filozofsko delo, ki skuša torej zgolj naslikati dejanskost družbe in prava, ne pa ju tudi predpisovati. ; The goal of this paper is to showcase the manifestation of power within a society, specifically in democratic processes ; democracy is the foundation of developed societies and the supposed source of all of today's law, which is why I focused on it as the source of discrimination of individuals based on their ability to abstractly articulate their interest in voting processes. There are certain groups of people who are incapable of abstractly articulating their interest, in a way which is typical of today's institutionalised voting processes, which is why they are excluded from them ; I have focused on children and mentally handicapped individuals, who's interest isn't taken into account as much as other people's is. Democracy as the rule of the people is in my opinion now turning into the rule of those who have the mere physical and mental capacity to go to a voting booth, write and read, and abstractly (as opposed to concretely), formulate their interest ; it is therefore not a rule based on an idea of fundamental equality or clear and equal interests, but a rule of those who are capable of functioning in a society in an articulate and active way, and demand that their interests are enforced. It is therefore a procedural, not a material equality, because those who aren't capable of (abstractly) articulating their interests in this society become an object of the law. I have examined different views of democracy, regulation which deals with the status of the before mentioned groups, and the question of interest, which is crucial for my thesis, because I base my idea of the existence of discrimination on concrete interest versus the abstract one. I would like to point out that this is a legally-sociological, not a philosophical work, which therefore primarily tries only to paint the reality of society and law, not to prescribe them.
Background and Aim: About one-third of Iranian children mortality is caused by injuries from which 36% occur due to road traffic injuries. Using child restraint embedded in vehicles can reduce road traffic fatalities by 71% for neonates and 54% for children. Based on its effectiveness in reduction of fatality and prevention of injury severity, child restraint usage mandatory law is a priority. Therefore, this study was conducted to assess opportunities and threats to mandatory law of child restraint usage in Iran. Materials and Methods: Initially, a mixed methods research is carried out by a phenomenological qualitative study, a discussion session by traffic injuries' stakeholders was performed to assess & discuss the opportunities and threats to mandatory law of child restraint usage in Iran, by brain storming method to find the themes in the related topic. A structured questionnaire is later prepared and completed by the stakeholders in the area of road traffic injuries. Assigned scores of 0-100 were considered for each response and analysis of results was performed according to target themes & the total score of the filled questionnaires.Results: Overall, 28 stakeholders participated in the study. According to the stakeholders, traffic police department obtained the highest score of 90 (from 0-100) as an organization to establish the mandatory law of child restraint usage, and acquired the score of 100 for future enforcement and monitoring. As threats and obstacle to the mandatory law of child restraint usage, lack of television and media campaigns and child restraint law and legislation, obtained the highest scores of 85 & 70 respectively. And family sensitivity to their children's health, officials' support and national facilities for broadcasting, and community awareness to use child restraints had the highest scores among existing opportunities and facilities in the country, by scores of 83, 69 and 68 respectively.Conclusion: Due to sensitivity of the family about their children's health & safety, and officials' support to safety establishment through media campaigns, implementation and applicability of child restraint usage laws and legislations, and subsequent enforcement and monitoring seem practical. ReferencesIsna.ir/fa, 13th May 2012.National Center for Statistics and Analysis. 2003, www.nhtsa.dot.gov.Global status report on road safety: time for action. Geneva, World Health Organization, 2009. (www.who.int/violence_injury_prevention/road_safety_status date of access 12 September 2012.Jacobs G, AaronThomas A, Astrop A. Estimating global road fatalities. 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Book, written in Slovene, discusses the legal content and scope of the concept of discriminatory harassment, which is deemed to be an unlawful discrimination under modern EU non-discrimination law, in the context of implementation of provisions of relevant EU directives in legal systems of the United Kingdom and Ireland. the two most important EU non-discrimination directives, adopted under Article 13 of the Treaty Establishing the European Community (now Article 19 of the treaty on the Functioning of the European union) - Racial Equality Directive (Directive 2000/43/EC) and Employment Framework Directive (Directive 2000/78/EC) - explicity mention harassment as prohibited form of discrimination. Legal definitions contained in these two directives define harassment as discriminationdiscrimination itself. Prior to the transposition of the EU non-discrimination directives into their laws, while few member states tackled this issue either within the context of the law on equal treatment (e.g. Denmark, the United Kingdom and Ireland) or outside this context (e.g. France), that is in the framework of criminal, civil, health and safety or employment legislation. As a result of the implementation of relevant provisions of the two main non-discrimination directives (Directives 200/43/EC and 200/78/EC) a definition of harassment has been included in legislations of all EU member states. In most member states such legislative definition is a literal copy of the definition of harrasment that can be found in the Directives 2000/43/EC and 2000/78/EC. The approach to the definition of harassment that appears to be the most "generous" from the perspective of victims of discriminatory harrasment is the one that was taken by British legislator. Such legal position in respect of the prohibition of discrimination has been developed in British case law and is based on the extensive interpretation of non-discrimination laws.
In: Lex localis: revija za lokalno samoupravo ; journal of local self-government ; Zeitschrift für lokale Selbstverwaltung, Volume 6, Issue 2, p. 245-270
The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public & private interests meet (two parties cooperate for mutual benefit) is characterized by intertwining of general rules of obligation law & special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative & private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, & a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies & dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law/administrative law. Thus, the French legal order has best developed the rules of the public contractual law & the legal institute of the administrative contract that the Slovenian administrative theoreticians try more & more to introduce also into our legal order. References. Adapted from the source document.
The concept of "hidden payout of profit" is characteristic for tax law, but inappropriate for corporate law, although it became deep-rooted in this field by practice. Within the context of corporate law it is not only about the problem of profit payouts, but also about the protection of the so-called tied up assets of a capital company within the so-called principle of capital preservation. The purpose of the corporate legislation is to prevent inadmissible interferences of shareholders or associates in the company's assets. Unlike corporate law, the purpose of tax law is to protect (fiscal) interests of the state, primarily to protect the tax base of the company as an independent and only subject to taxation, therefore the payouts of profit don't have an effect on the amount of the tax base, irrespective of whether the company pays out the profit in an open or hidden way. Hidden payouts of profit - as the open ones - do not reduce the tax base for income. The subject of the discussion are both aspects - the corporate aspect of hidden transfers of assets and the tax aspects of hidden transfers of assets within the law of joint-stock companies and limited liability companies.
