Collective Rights Research Articles

Legal Aspects of Membership in a Trade Union: A Case Study of Lithuania

The aim of this article is to address the questions of how the principle of freedom of association and the prohibition of discrimination on the basis of trade union membership are understood and to identify legal obstacles for an effective implementation of the right to join trade unions. International, EU regional and Lithuanian national legislation, as well as the case law of the European Court of Human Rights, the Court of Justice of the European Union and Lithuanian courts have been explored to carry out the current study. The results confirm that membership can be interpreted broadly; therefore, members of a trade union may be required to possess certain working and legal capacities, as well as meet other requirements related to the trade union’s objectives, which are sometimes unreasonable. Due to possible exceptions, various members may be subject to different collective rights, for example, certain officers may not be permitted to strike, and some may not even be allowed to join associations.

Social work students’ perspectives on the future of human rights

ABSTRACT This study explores social work students’ perspectives on human rights in their practice, drawing on focus group interviews from universities in Germany, Poland, and the Philippines. Focus group discussions were coded using thematic content analysis based on an inductive approach in which themes emerge from the conversations between participants and the researchers and among themselves. It examines emergent themes on envisioning human rights’ future in social work, highlighting novel application approaches. The research underscores the necessity of incorporating human rights education, emphasizing respect, equality, and dignity, into social work curricula. Students discuss the evolving nature of societal norms and human rights, advocating for adaptive, culturally sensitive approaches to meet demographic and societal changes. The findings suggest a paradigm shift toward a more inclusive perspective that integrates environmental and collective rights, marking a significant move from traditional social work practices. Additionally, the research highlights the international political context, including the rise of authoritarian nationalism, which poses significant challenges to the advancement of human rights globally. This underscores the urgency for social work to act as a counter-movement in defense of human rights and democratic principles.

Internal CSR and the decline of organised labour: a possible elective affinity?

Purpose This paper aims to explore the potential relationship between internal corporate social responsibility (CSR) and the decline of organised labour in countries of the global North. Given the opposing trends since the late 20th century and the widespread adherence of internationally recognised labour standards in CSR codes, standards, and reporting frameworks, questions arise about the disparity between CSR rhetoric and practice regarding the collective rights of in-house employees. The paper further explores the tendency in CSR scholarship to overlook violations of collective rights for in-house employees in the global North. Design/methodology/approach To examine whether there is an elective affinity between the rise of CSR and the decline of organised labour, the paper uses a discursive institutionalism approach, providing a meta-theoretical analysis of academic literature on internal CSR. A scoping review methodology was used to identify relevant literature and compile it into an empirical corpus for a metatheoretical analysis. The empirical corpus, consisting of 38 articles, was generated through a Google Scholar (GS) search guided by the following questions: (1) What are the dominant conceptual framings of internal CSR? (2) What are the dominant roles and practical aspects of internal CSR? Findings The paper identifies two key disparities in the literature: (1) between rhetoric and practice regarding the collective rights of in-house employees in the global North and (2) between the extensive CSR research on violations of collective rights of value chain workers and the limited attention to in-house employees’ collective rights. The analysis highlights two factors contributing to these disparities: the integration of internal CSR into the corporate managerial toolbox and the distinction in CSR discourse between core labour standards and workplace issues. The analysis shows that internal CSR has an elective affinity with the decline of organised labour. Research limitations/implications While scoping reviews are often standalone studies, this paper used the methodology for its stated purpose. Limitations include the broad span of internal CSR across various academic fields and reliance solely on GS. Measures taken to enhance inclusivity were unlimited review period, refined inclusion criteria and keywords during the selection process and cross-checks of cited articles. Social implications Considering the implications of the decline of organised labour on workers’ collective voice, poverty and the distribution gap in wealth and income, this paper suggests that for CSR to play a significant role in advancing sustainable social justice, scholars and practitioners should look at ways to reduce the disparity between rhetoric and practice regarding employees’ voice and collective rights. Originality/value The paper lays the foundation for a better understanding of the potential links between internal CSR and the decline of organised labour. It addresses a gap in the literature on the interrelations between CSR and organised labour in the global North and proposes root causes of this gap. This contribution enriches the scarce literature exploring the potential elective affinity between CSR and transformations in the global economy and labour markets since the late 1980s. Finally, the paper deepens the understanding of the implications of CSR for employees’ collective rights and voice as well as for organised labour.

Non-humans and Collective Rights, An Opportunity to Clarify the Concept of Interest

Générations futures, animaux, rivières, espèces, écosystèmes, œuvres d’art, androïdes. La liste des entités non-humaines (ou non-individuelles) aspirant à la personnalité juridique s’allonge. Un nombre croissant d’État leur attribuent des droits dans le but de les protéger, avec plus ou moins de succès, en tant qu’entité à part entière. L’article 71 de la Constitution de l’Équateur figure parmi les exemples les plus marquants puisqu’il fait de la Nature ( Pacha Mama ) un sujet de droits au nom desquels on compte le droit au respect de son existence et le droit à la régénération de ses cycles vitaux. La vulnérabilité de ces entités non-humaines appelle une protection dépassant les intérêts individuels. Souvent dépourvues de la personnalité juridique, ces entités ne peuvent pas agir en justice par elles-mêmes. Leurs intérêts, bien que de plus en plus protégés par les normes juridiques, demeurent partiellement défendus par l’appareil juridictionnel. Au-delà de la résistance de nos imaginaires politiques, cela s’explique par la difficulté théorique et pratique d’ouvrir l’accès au prétoire à des requérants agissant au nom d’autrui, en l’occurrence de ces entités. Ce sont les obstacles juridiques que nous tentons ici de lever. Le principe Nul ne plaide par procureur interdit à toute personne d’agir en défense d’un droit subjectif qui ne lui appartiendrait pas en propre, sans requérir un mandat de représentation du bénéficiaire du droit. L’intérêt pour agir que l’on présente comme la condition sine qua non de recevabilité de l’action se caractérise, en substance, par l’intérêt lésé du requérant. Les actions en justice dans l’intérêt d’autrui ne sont admises que par exception et sans que les concepts doctrinaux ne les embrassent pleinement. L’action en justice tout autant que la protection juridique des intérêts ont été pensées presque exclusivement par le prisme des intérêts et des besoins humains et individuels. La reconnaissance de droits aux non-humains rebat les cartes du droit processuel. Il faut repenser l’intérêt à agir comme condition de recevabilité susceptible d’être caractérisée par une motivation du requérant qui puisse être autre que la lésion de son propre droit. Il faut élargir la catégorie des bénéficiaires de droit aux entités, quelles qu’elles soient, dont les intérêts sont objectivement protégés par des normes juridiques. Il faut concevoir l’action en justice comme subordonnées non pas à un intérêt personnel du requérant mais à une norme d’habilitation dont le contenu est laissé à la décision des autorités normatives. Les voies processuelles peuvent accueillir une grande diversité de configurations. Il appartient à la sphère politique de pondérer la nécessité de garantir les droits sans encourager l’engorgement du prétoire. Toutefois, intégré au sein de ce que l’on appelle les « grandes causes », le contentieux des droits des non-humains participe à la transformation du rôle la justice dans nos systèmes. En dépassant le règlement des conflits individuels, elle doit aujourd’hui se prononcer sur des questions qui sont habituellement discutées au sein des arènes démocratiques ( cause lawyering ). JEL Codes : K380, K410.

A Judicial Case Study on Inheriting Membership Shares in Rural Collective Economic Organizations - An Empirical Analysis of 132 Judgment Documents

The government Decision on Several Major Issues Concerning Comprehensive Deepening of Reform stated that the shares of collective assets should have the right of inheritance, thus bringing the issue of inheritance of shares in rural collective economic organizations into public view. In 2016, the government issued the Opinion on Steadily Advancing the Reform of the Collective Property Rights System in Rural Areas, which encouraged localities to carry out practical exploration of inheritance of shares in rural collective economic organizations. Since then, numerous practical cases concerning inheritance of shares in rural collective economic organizations have emerged across the country, but because of the delay in legislation, different standards have been applied in handling related issues in different places, resulting in a large number of "same case but different judgments." Through a comparative study of rural collective economic organization theory and the collection of 132 civil judgments involving inheritance of shares in rural collective economic organizations from various places for empirical research, it was found that the scope of heirs was unclear, the proportion of non-collective members who could inherit was unclear, and the procedures for inheritance were unclear. Therefore, this study aims to provide judicial application suggestions for clarifying the scope of heirs, clarifying the proportion of non-collective members who could inherit, and clarifying the procedures for inheritance, in order to provide some reference for future judicial practice.

Tackling Labour Monopsony by Gig Platforms: The Anti-Monopoly Law as an Alternative Legal Approach to the Labour Law System in China

Abstract In the gig economy, workers could be subject to exploitative and coercive practices by platforms and their stringent labour algorithms. Since gig workers are not defined as typical employees, the Chinese labour law system fails to adequately protect gig workers. Furthermore, the limited scope of labour law protection is also another reason for the ineffectiveness of the Chinese labour law system. Even if gig workers can be identified as employees, the regulation of labour algorithms is uncovered by the existing labour laws. Additionally, collective bargaining rights of gig workers may help but as explained in Section 4, they are still immature and collective barging practices are likely to violate the Chinese Anti-Monopoly Law. This article claims that the enforcement of the Anti-Monopoly Law can be an alternative approach to protecting gig workers as the gig platforms may constitute a labour monopsony. Therefore, anti-trust enforcement can step in and punish exploitative and coercive practices harming gig workers. However, there are limitations of the Anti-Monopoly Law in dealing with these practices and thereby the advantages of the Chinese labour law system regarding the protection of gig workers should still be taken seriously.

Mobilising Transnational Labour Law in Search of Transformation in Europe

Abstract This paper provides a critical map of trade unions’ strategic engagements with transnational legal mechanisms in Europe. Despite high profile defeats and challenges faced by workers and trade unions before supranational courts, they have continued to mobilise complaint and supervisory mechanisms at the transnational level. This raises questions about the reasons why and how law is mobilised in the industrial relations context and over the transformative potential of transnational labour law. Legal argumentation has been mobilised to defend and redetermine legislative rights to protect vulnerable workers and provide the conditions for democracy at work. The experience of legal mobilisation detailed in this paper encourages a sceptical and pragmatic approach to social transformation via legal mobilisation. It will set out the legal opportunities that shape the effectiveness of transnational labour law mobilisation, as well as the structural limitations and competing normative interests that delimit the interpretive trajectory, recognition, and enjoyment of collective labour rights in contemporary Europe.

Challenges to the exercise of collective labour rights outside the employment relationship

The importance of the issues covered in this article is due to the impact of information technologies on the labour sphere, transformation of the features of “classical” labour relations and the need to rethink the categories of “employee” and “employer” in order to ensure the exercise of collective labour rights, such as the right to association, collective bargaining and collective action by all workers regardless of the form of employment, first of all, by dependent self-employed persons. The author emphasises that the ILO, the CJEU in the opinions of their supervisory bodies, and the EU Court of Justice in their judgments use a broad approach to the interpretation of the concept of employee, including self-employed persons, in particular, in the context of exercising the right to association and collective bargaining. The author presents the experience of certain European countries, in particular, France and Poland, in terms of legislative consolidation of fundamental labour rights for self-employed persons. The article demonstrates that courts in different jurisdictions have different approaches to resolving the issue of the legal status of platform workers using the example of the decision of the Supreme Court of the United Kingdom and the Spanish court in the Deliveroo case. It is stated that in Ukraine today, one of the fundamental labour rights - the right to join a trade union de jure is not limited by the existence of an employment relationship or the status of an employee. At the same time, the right to collective bargaining, collective bargaining agreements and the right to collective action to protect one’s rights, which are an integral part of the right to freedom of association, is de facto only possible for those who are in an employment relationship based on an employment contract and have the status of an employee. As a solution to this problem, it is proposed to introduce a broad category of “working” or “employed” in national legislation, which will be used exclusively for the purposes of unionisation, exercise of the right to collective bargaining, conclusion of collective agreements and collective action. Such a definition should be separated from the definition of the narrow concept of an employee under an employment contract used in the context of individual labour relations.

Ignorance Is Bliss: Anti-Queer Biopolitical Discourse as Conscious Unwillingness to Elaborate Complex Information

Contemporary biopolitical discourse around fundamental rights and societal representations has increasingly weaponized moral-based attitudes and personal feelings, eschewing informed, factual opinions grounded in observation, data analysis, and scientific research. This trend is evident in the treatment of the queer community—used here as an umbrella term for non-cisgender, non-heterosexual individuals. Over recent years, the group has become the primary target of negationist critiques aimed at undermining the very existence of the community and challenging its rights. This article argues that the rise of depersonalized interactions and individualism, particularly through social media (where superficial and sensationalist content thrives, often at the expense of nuanced, data-driven discourse), the cult of the self and power (which prioritizes individual success, sidelining the collective struggles and rights of marginalized groups), and misinformation, is strategically employed by those in power and reverberated through the general public. These elements serve as a translucent veil, enabling the conscious choice to avoid engaging in structured, complex, and informed discussions about queer people’s rights and their existence. Consequently, the strategic deployment of these tactics, with the aim of shaping public opinion based on falsehoods and emotional appeals, undermines the capacity for informed dialog and perpetuates the marginalization of the queer community.

DEVELOPMENT OF TRADE UNION ORGANIZING AS A HISTORICAL LEGACY AND A CONSTITUTIONAL RIGHT

Throughout history, trade union organization has undergone significant reforms and changed as the organization of the state itself has changed. Trade union organization went through three historical phases: the phase until the nineteenth century, the phase from the nineteenth century to the middle of the twentieth century, and the final phase in the twenty-first century. Trade union organization followed the organization of the first states, through which workers defended their labor rights under primitive conditions in a primitively organized way. The first modern forms of trade union organizing were experienced in the territory of the United Kingdom, which is also considered the forerunner of trade union organizing. The right to organize a trade union, although today one of the fundamental collective rights, is increasingly becoming the subject of discussions and dilemmas, whether this right is really necessary in labor relations and, in the end, in constitutions of a large number of countries, as a promotion of economic and social rights. The paper could be divided into three parts, firstly the authors want to define the historical development of trade union organization, the process of developing in the countries of the world, what are the key historical moments in which this right made and contributed to “a quality more” in labor relations, and which were the first laws-constitutions that provided for this fundamental right today. The second part of the paper refers to the current normative legal situation in the Republic of Serbia regarding trade union organization and specifically trade union rights. The third part actually represents the main purpose of the paper, which is to point out some potential problems in the twenty-first century that union organizing in the international community is facing.

Sovereignty and Human Rights: Examining Sustainable Plantation Enterprises in Indonesia

The Sovereignty Principle in the Plantations Law legalizes dynamics that disproportionately empower plantation companies while disenfranchising indigenous peoples. Under this principle, plantation permits are granted to companies, not indigenous communities, limiting the latter's involvement in mandatory deliberations set by the law. Consequently, indigenous peoples are coerced into relinquishing their lands in exchange for compensation, leading to the erosion of their collective land rights. This practice is at odds with the protections intended under Article 28D Paragraph (1) and Article 28H Paragraph (2) of the 1945 Constitution of Indonesia, which safeguard collective rights to property. The lack of political will to recognize and protect these rights suggests a troubling disregard for the existence and sovereignty of indigenous peoples.

COPYRIGHT PROTECTION AT THE INTERNATIONAL LEVEL: LEGAL MECHANISMS AND POLITICAL CHALLENGES

Copyright protection at the international level is a crucial aspect of the legal system in the context of globalization and the development of digital technologies. In today’s information society, ensuring adequate copyright protection is critically important due to the rapid dissemination of creative content on the Internet. The main issue lies in creating an effective international legal system that accommodates diverse national legislation and peculiarities. In order to improve copyright protection, it is necessary to strengthen international cooperation. This includes the development of uniform standards for the protection of rights, strengthening cooperation between countries and supporting the implementation of international agreements. It is also important to harmonize national laws, ensure adequate sanctions for rights violations, develop collective rights management organizations and conduct educational campaigns to increase legal awareness. The primary challenge is to harmonize national laws with international standards, which will enable a unified approach to copyright protection and reduce the risk of violations on a global scale. Studying international agreements such as the Berne Convention and the WIPO Copyright Treaty highlights the need for continuous improvement of legal mechanisms to adapt to new technological challenges. Effective copyright protection is critical to the development of creativity, innovation and cultural diversity. The practical significance of this research lies in improving law enforcement practices and developing recommendations for international organizations and national governments. Cooperation between states, international organizations, and the private sector is a key element in enhancing the effectiveness of copyright protection.

Access of Platform Workers to Collective Rights – the Fall of the Binary Divide?

The paper addresses the issue of self-employed platform workers’ access to collective labour rights from the perspective of international law (ILO) and supranational European law (EU and Council of Europe). In this regard, the paper addresses the right to collective bargaining, the right to strike and the collective right to information and consultation. The main finding is that at the current stage, the relevant international and European legal framework is not providing access of self-employed platform workers to all examined collective labour rights. In light of the analysed legal developments the binary divide “has fallen” (for those self-employed platform workers who fulfil the 2022 Guidelines criteria) regarding access to collective bargaining. Therefore, as argued in the paper, also access to the right to strike should be ensured for the latter platform workers due to the purposeful interconnectedness and inseparability of both rights. Nonetheless, the binary divide is remaining “firm” regarding access to collective information and consultation rights. The latter remain accessible (including considering the Platform Work Directive proposal) only to platform workers with a subordinate “worker” status. However, as argued in the paper, the possibility to drop the binary divide (at least regarding certain matters) also in relation to collective information and consultation rights (in the context of platform work) should be seriously considered.

Settling Softly: Ending War and Making Peace in Divided Societies

This paper investigates possible sociopolitical reconciliatory mechanisms to garner support for peacemaking in conflict-torn societies. Building on the Kurdish question in Turkey, associated with a four-decade-long armed conflict that has spilled over into neighboring Syria and Iraq, we identify policies and framing that can attract support for a political solution to the conflict. We highlight the need for a sociopolitical reconciliatory approach that addresses both the hopes of the warring minority and the fears of the majority. The results from an original nationwide survey indicate that minority demands can initially be addressed through a ‘soft settlement,’ lying between individual and collective rights. Our results point to the need to relax the concept of negotiated settlement, which has become the most frequent approach to ending internal armed conflicts in the post-Cold War era.

Rural Collective Property Rights System Reform and Urban-Rural Income Gap: A County-Scale Big Data Analysis in China

Rural Collective Property Rights System Reform and Urban-Rural Income Gap: A County-Scale Big Data Analysis in China

International property rights for Cannabis landraces and terroir products. The case of Moroccan Cannabis and hashish

BackgroundIn recent years, the cannabis industry has evolved from a world defined by the simplicity and ubiquity of illegality of recreational drug cannabis to a world marked by the legal and geographic complexity of ongoing depenalisation, decriminalisation, and legalisation processes. Within this landscape where drug Cannabis plants and their many derivatives see their legal status change, Cannabis cultigens and end products are increasingly likely to becoming subject to protection by intellectual property rights. This article delves into the implications of these changes for traditional Cannabis farmers, particularly in the Global South, as they face economic and legal threats amidst global legalisation efforts. It examines the potential role of appellations of origin in protecting local Cannabis cultigens and end products, focusing on Moroccan Cannabis and hashish as a case study. MethodsThe text resorts to the treaties and agreements regulating international property rights and plant variety protection, but also to the concepts of terroir and landrace and their definitions, in order to determine, by way of treaty interpretation and conceptual analysis, what type of legal and economic protections can apply to Cannabis landraces and terroir products. The analysis is also based on previous empirical research published by the author. ResultsThe text argues that appellations of origin are the best intellectual property protections possible for landraces and terroir products because what needs to be protected is not innovation and individual ownership, but tradition and collective ownership, and because appellations of origin are suitable collective intellectual property rights. It shows that appellations of origin are best suited to protect terroir products and landraces because their originality and distinctiveness are place-based originality and distinctiveness. ConclusionThe text concludes that appellations or origin offer the only existing intellectual property protection for preserving the distinctiveness of terroir cannabis products, and for landrace conservation. It acknowledges that neither appellations of origin nor existing plant variety protection laws can be legal forms of control of third parties’ uses of landraces but that appellations of origin can help protect terroir products and landraces by way of their associated agro-ecosystems.

A peste de camus e a pandemia da COVID-19: reflexões sobre direitos fundamentais a partir da literatura

This article analyzed the literary work The Plague, by Albert Camus, focusing on reflections on fundamental rights, based on literature. The central objective of the article was to answer the following question: how can reading a literary classic, Camus’ Plague, bring about legal reflections on issues surrounding the COVID-19 pandemic and fundamental rights? The methodology used was a bibliographic review, with an emphasis on work after 2020, due to the COVID-19 pandemic. The specific objectives were: to analyze legal aspects of the literary work and make correlations with the COVID-19 pandemic. It was concluded that the book The Plague can contribute to reflections on the various human attitudes and feelings during the pandemic (fear, anguish, solidarity, selfishness, altruism, revolt, despair, etc.), as well as raising considerations about legal aspects, in special focus on fundamental rights, focusing on: the right to health, privacy, the preponderance or not of individual rights over collective or diffuse rights, which reinforced the important role of literature as a way of enriching the study of Law.

Tenure Security Perception Patterns among Amazonian Communities in Peru: Gender and Ethnicity

This study delves into perceptions of land and forest tenure (in)security among Indigenous and mestizo populations in the Peruvian Amazon. Despite all having collective lands, the selected communities vary in their formalisation processes. This research seeks to enhance comprehension of tenure security perceptions in the Peruvian Amazon by investigating sources of security and insecurity across key tenure components. A combination of descriptive, bivariate, and multivariate analyses is employed, based on fieldwork conducted between July 2015 and December 2017 in 22 Native and Peasant Communities in Loreto and Madre de Dios, utilising 1006 intra-household surveys, 52 in-depth interviews, and 44 focus group discussions. The results reveal similarities and differences in (in)security sources between titled and untitled communities. The study also explores the influence of gender and ethnicity on these perceptions, finding ethnicity-based variation in security perception over the past 20 years (1995–2015). Recognising these differences in perception is critical for assessing the robustness of exercising acquired collective rights.

The Right of Trade Unions to Information in the Era of the Fourth and Fifth Industrial Revolutions

Abstract The dynamic technological transformations that are taking place in the third decade of the twenty-first century, described as the Fourth and even Fifth Industrial Revolutions, pose significant challenges for community partners who act in labour relationships. Transparency and the related right to information are some of the factors that define a democratic state under the rule of law. This also applies to labour relationships as widely understood. The regulations of collective employment law grant various rights in this respect to entities that represent staff, who may, among other things, demand information on the use of artificial intelligence by the employer in the work environment. In the Polish labour law system, the widest scope of competences in this regard is granted to trade unions. This article focuses on the legal and functional aspects that are related to the transfer of this type of data.

Urban planning and group and collective rights in Québec, Canada

ABSTRACT Group and collective rights are human rights, but such rights emerge when the members of a group are discriminated against in order to protect the group temporarily or in perpetuity, depending on how long the discrimination lasts. Studies investigating urban issues from the lens of a group right or collective right are almost non-existent. Using Kymlicka’s rights framework and relying on empirical work in the French-speaking Quebec province in Canada, the research concludes that Québec municipalities are fraught with tensions between individual and group rights and collective rights, resulting in issues related to places of worship, land development and commercial signage.