The author of this communication had her employment terminated whilst she was pregnant. The decision authorising termination made reference to her being a foreign worker. So many fora are now available for holding states to account for violations of one’s human rights that it can be confusing for the potential author of a communication. The questions of which forum to choose – regional and/or international – is brought into focus in the communication submitted by Yilmaz-Dogan against the Netherlands to the UN Committee on Elimination of all forms of Racial Discrimination in 1984. A violation was found on, essentially, procedural grounds with little consideration of the substantial issues. The rewriting considers alternative fora available today for a complaint on the same point and the impact on the committee’s opinion of having appropriately considered the sex discrimination dimension, something which was established in international human rights at the time of the complaint. A more intersectional analysis reveals multiple grounds of discrimination. Inevitably the opinion would still find an infringement of the treaty but by strengthening the reasoning and providing greater direction to the state party, it is hoped that the human rights situation in the state would be strengthened.
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Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later
Rewriting Human Rights Decisions
The chapter summarizes the most relevant events that contributed to accelerating geopolitical changes in Europe far beyond the expectations of the warring parties during WWI by ultimately even affecting the decisions at the Paris Peace Conference.
Creating Virtuous Circles of Anti-corruption
As in all transition countries, corruption has been and remains a concern for Estonia. Still, on the on hand the country is an obvious top achiever in comparison with the rest of the post-communist area. On the other hand, the 2000s has been a stable period, with levels of corruption almost unchanged and representing a certain plateau in development. The Estonian governance regime operates mostly in line with the principle of ethical universalism. Reportedly, all key elements of the state are subject to quite high formal standards of transparency. Correct functioning of the public procurement system is the rule, and violations, although common, are more of an exception. Estonia appears to have a high level of equity of access to its education and healthcare systems. The search for the causes of Estonia’s success often focuses on cultural factors. The high general level of interpersonal trust in Estonian society is an unusual cultural feature of a post-Soviet society. In addition, civil society and a free media represent high normative constraints for corruption and particularism. It has been argued that at the beginning of the 1990s Estonia experienced the most radical replacement of the political elite compared with Latvia and Lithuania, where the old nomenklatura networks managed to perpetuate to a much larger extent. In contrast, the new Estonian elite was willing and ready for thorough reforms of the judiciary and public administration.
A Comparative Study
Gordon Anderson, Douglas Brodie and Joellen Riley
The employee’s ability to maintain an autonomous private life alongside employment has long been contested territory in employment law. The rights to paid and unpaid leave to attend to illness and emergencies, and to undertake caring responsibilities and recreation, are the fruits of earlier industrial struggles; and where these rights appear in employment contracts, it is generally as a consequence of the influence of mandatory provisions in statutes or statutory instruments. Claims that employers must also accommodate an employee’s freedom of expression have also been contentious. This chapter considers the interplay of common law and statutory influences in establishing contemporary boundaries between work and personal life. Keywords comparative employment law, contract of employment, work and personal life, freedom of employee expression
Women and children first: an inside look at the challenges to reforming family detention in the United States
Academics, Activists and Policy-makers
The US immigration system has long struggled with the practice of detaining immigrant families and many reform efforts have been thwarted repeatedly and others have fallen short of their anticipated outcomes. The chapter provides an inside look at how policymakers early in the Obama administration sought to roll back family detention and the fate of those efforts. It examines ambitious early reform efforts and subsequent challenges that spurred the administration to pursue more restrictive measures and significantly ramp up family detention. The chapter concludes with a discussion of the reasons for the rapid reversal of previous reforms and provides recommendations on how to reverse current trends. The need for renewed reform efforts is all the more acute under the Trump administration, which seeks to rapidly expand the country’s deportation system.
Academics, Activists and Policy-makers
The protection of individual liberty against arbitrary detention by the state is one of the foundations of liberal jurisprudence. In common law countries like the United Kingdom, however, lengthy immigration detention on a large scale has become normal and has largely been held to be constitutional. Once judges accepted that the migration power entails a power to detain pending expulsion, courts in these countries have found it difficult to draw clear boundaries around detention. This has allowed governments to extensively expand detention facilities. By contrast, constitutions in continental Europe have viewed immigration detention as a heterodox exercise of police power requiring greater judicial control and legislative time limits.
This chapter brings to light seven neuroscience technologies that could be applied to entrepreneurship research. It argues that the use of these technologies in conjunction with an experimental approach is meaningful to entrepreneurship scholars because it facilitates a profound level of analysis, and some of these tools hold the potential to nurture and augment entrepreneurial behavior. The technologies were screened based on a threefold criteria: non-invasiveness, ability to collect data directly from the human brain, and a reasoned assessment of its potential to examine entrepreneurship enquiries. The identified techniques are as follows: electroencephalography (EEG), magnetoencephalography (MEG), functional magnetic imaging resonance (fMRI), functional near-infrared spectroscopy (fNIR), transcranial magnetic stimulation (TMS), transcranial direct current stimulation (tDCS) and neurofeedback. Each technique is introduced in terms of its pros, cons, and applicability to delve into entrepreneurship research themes. Withal, the end of the chapter distils four criteria to guide the appropriate selection of a neuroscientific tool.
It is a common challenge in today’s families that children immerse themselves in media use and their parents try to motivate them to take responsibility for other important obligations. This chapter analyses the variation of the strategies parents and children are able to use when discussing the cessation or continuation of computer use. In order to identify the procedural features of the negotiations, the analysis focuses on one especially challenging negotiation process between a mother and her juvenile child. Both the parent’s and child’s participation are studied. The methodological approach combines the traditions of discourse analysis, frame analysis and conversation analysis. The aim is to examine the interaction progression as it unfolds turn by turn for the participants themselves. In order to analyse the variation in the participants’ strategies, the analysis explicates the positions that participants take and the frameworks they orient towards in the course of the interaction process.
Waging accountability: why investigative journalism is both necessary and insufficient to transforming immigration detention
Academics, Activists and Policy-makers
In the chapter, a reporter for the New York Times who has written extensively about immigration detention policies in various countries assesses the limits that investigative journalism faces in spurring detention reforms. She argues that while journalism occupies a privileged place in a democracy because it helps hold government to account, in practice it operates at a far messier intersection between the politics of reform and the contingencies and conventions of even the most robust news operation. The author focuses her analysis on the relationship between investigative journalism and the early efforts of the Barack Obama administration to overhaul immigration detention by creating “a truly civil detention system.” Today, the US detention system is larger than ever, abuses remain endemic, the government has massively expanded its capacity to lock up mothers and children in “family residential centers,” and the new administration is threatening to ramp up already record numbers of deportations.