Guarantee Of Equality Research Articles

NEW UZBEKISTAN STATE POLICY ON GENDER EQUALITY (2016-2022)

The article notes that Uzbekistan has created guarantees of gender equality, raised this issue to the level of state policy and achieved success in the field of human rights, increasing the social and political activity of women in our country, protecting their health, supporting their aspirations and initiatives Particular attention was paid to the creation.

Legal guarantees of equality in Ukraine: individual issues of implementation

The article reveals the general characteristics of the content of legal guarantees of equality in Ukraine. The relevance of the publication is due to the need to develop effective mechanisms to counteract discrimination, to prevent cases of unequal treatment of certain persons, depending on certain signs and circumstances. The purpose of the article was to establish the content of general means provided for in the legislation to ensure equality of rights and freedoms of citizens, to form conclusions aimed at compliance with international standards for ensuring the proper implementation of human rights, in particular during criminal proceedings. The prerequisites for the formation of this goal were modern problems that arise in ensuring the rights and freedoms of individuals. The work was carried out on the basis of the use of general scientific and special methods of scientific knowledge. Among the general scientific methods, in particular, the system-structural method, the method of functional analysis were used, among the special ones – formal-legal, logical-procedural methods, the method of Comparative Law. The main legislative norms related to the topic of publication are analyzed. The paper proves that the formation and reflection of the idea of equality in the normative legal acts of our country was influenced by the provisions of the Universal Declaration of human rights, the convention for the protection of human rights and fundamental freedoms, the International Covenant on civil and political rights, and other international documents.
 The disclosure of the content of legal guarantees on equality, enshrined in the legislation of our country, prompted the formation of such conclusions:
 - the main ideas of equality are reflected in Articles 21 and 24 of the Constitution of Ukraine and other legislative acts – in particular, the civil, criminal and criminal procedure codes;
 - in Ukraine, the regulation of general provisions on equality between people took place in compliance with international standards in the field of ensuring individual rights and freedoms. Since 1948, the Universal Declaration of human rights and other international legal acts have had and continue to have a significant impact on this process;
 - any features of criminal proceedings, if they are not aimed at eliminating legal or factual inequality in opportunities for a person or group of persons, have signs of discrimination.

Equality for Women: The Constituent Assembly Debates and the Making of Equality Jurisprudence by and for Women

This article explores how 15 women members in the nearly all-male constitution-making process contributed to crafting of sex equality in India’s Constitution. Women members, opposed to positive discrimination and having faith in personal merit and ability to overcome odds, asserted their voice in India’s Constituent Assembly to redress women’s subordination caused by socio-religious androcentric practices, customs and laws. But the outcomes depended upon the religio-masculine complex which never permitted the issue of gender inequalities to take centrestage in the constitution-making process. However, for women members, as evident from this enquiry, the mere removal of sex as a constraint upon them was of paramount importance as merit, ability and competence could further help them achieve progress and equalisation. Second, what appears is that in the women's imagination, the guarantee of equality being crafted included an eradication of historical gender inequalities.

ОПЫТ ИССЛЕДОВАНИЯ ОТКРЫТОСТИ ИНСТИТУТА РЕГИОНАЛЬНОГО ПАРЛАМЕНТАРИЗМА В РОССИИ

The article presents the author‘s approach to assessing the democracy of regional political regimes in Russia by analyzing the openness of legislative (representative) state authorities of the subjects of the Federation. A broad interpretation of the openness of the regional parliament is given, including the openness of decision-making process, legislative work, feedback from citizens, social accessibility of parliament, guarantees of equality of parliamentary parties on regional television, radio and the internal openness of parliament. The article presents the author‘s methodology for assessing the openness of regional parliaments, based on a comparison of their practices with the identifi practices of openness of the Federal Assembly, the totality of which the author proposes to consider as reference for the current level of political development of the country. The results of the calculations of the level of openness are analyzed both in criteria and in spatial dimensions. A comparison of the rating of regions by this indicator in 2020 and 2021 indicates a gradual increase in the openness of regional parliaments. At the same time, the author comes to the conclusion that the results obtained do not allow us to speak about a high level of openness of regional legislatures, since most of them demonstrate average indicators. The leaders of openness were also identifi who received maximum points, but still lag behind the level of openness of the Federal Assembly. At the same time, they demonstrate maximum performance in the areas of political openness, which allows us to speak of them as parliaments open to their voters.

Domestic Violence Current Legal Status: Psychiatric Evaluation of Victims and Offenders.

Domestic Violence Current Legal Status: Psychiatric Evaluation of Victims and Offenders.

Some problems of application of legal provisions, regulating remuneration in the procedure of judicial protection of the rights of State Enforcement Service’s servants

Problem setting. In 2020, amendments were made to the State Budget of Ukraine for 2020, which established a temporary restriction on the maximum salary of civil servants of the State Enforcement Service and judges. During this time, judicial practice has been formed on the application of legislation in the field of remuneration civil servants of the State Enforcement Service and judges. Analysis of this practice shows that there is a different approach to resolving homogeneous disputes. Analysis of recent researches and publications. As the problem highlighted in the article is related to the case law of the last year, there are no studies and publications on this topic. Target of research. The purpose of this article is to identify problems of law enforcement in the field of remuneration of civil servants, including civil servants, related to the temporary restriction of their maximum earnings, as well as to recommend possible solutions. Article’s main body. Based on the analysis of specific court precedents, the authors argue that courts in similar disputes, but with different plaintiffs (state executors and judges) unequally apply the provisions of the Constitutional Court of Ukraine on the unconstitutionality of the Law of Ukraine “On Amendments to the Law of Ukraine”, dated April 13, 2020 № 553-IX. If the plaintiff in the case is a judge, the courts apply the retroactive effect of the law to compensate for the unreceived judicial fees for the period of limitation of such payments. If the plaintiff in the case is a state executor, the courts refuse to collect the unreceived remuneration, referring to the fact that the decisions of the Constitutional Court of Ukraine are not retroactive. The Constitution of Ukraine guarantees the independence of the judiciary as one of the branches of government. But in accordance with Art. 22 of the Constitution of Ukraine, all have equal constitutional rights and freedoms and are equal before the law. Civil servants in the executive branch are also subject to constitutional guarantees of equality of rights. Therefore, such a different approach of the courts to resolving similar disputes leads, according to the authors, to discrimination against citizens. Conclusions and prospects for the development. The authors state the lack of a unified approach in judicial practice on the application of the decision of the Constitutional Court of Ukraine on the unconstitutionality of the Law of Ukraine “On Amendments to the Law of Ukraine” On State Budget for 2020 “of April 13, 2020 № 553-IX in disputes employees not received due to limited payments. The Supreme Court should analyze and summarize relevant case law. This will ensure uniform application of the law by the courts.

Implementation of Legal Aid to Debtors Due to Arrears in Motor Vehicle Installments Executed by Debt Collectors as Impact of the Covid-19 Pandemic

Based on Law No. 16 of 2011 on Legal Aid, Article 1 paragraph (1) states that Legal Aid is a legal service provided by legal aid providers free of charge to Legal Aid Recipients. Legal aid is a guarantee of legal protection and a guarantee of equality before the law, which is a constitutional right for every citizen. Because, the constitution guarantees the right of every citizen to get equal treatment before the law, including the right to access justice through legal aid. Due to the Covid-19 pandemic, many people are asking for legal assistance related to the case of installment billing by debt collectors. The debt collector itself is a third party, which has an agreement with the financing institution to make efforts to force the collection of debtor vehicles because it has not paid installments as agreed. The result of this paper is that under these circumstances there is another legal remedy, namely restructuring.

Perlindungan Hukum Terhadap Pekerja Debitur Yang Mengalami Pemutusan Hubungan Kerja Akibat Covid-19 Pada Pt.Astra International Tbk-Honda

Termination of employment during the covid-19 pandemic is a step that must be taken by PT. Astra International Tbk-Honda in order to avoid more severe losses, the legal protection provided to debtor workers who have been laid off during the Covid-19 pandemic has been regulated in Law No. 13 of 2003 concerning Manpower which aims to guarantee all basic rights of workers and guarantee equality and treatment without discrimination on any basis to realize the welfare of workers, especially for workers who have been terminated. The purposes of this research are to reveal the form of legal protection for debtor workers who experience Termination of Employment (PHK) during the Covid-19 pandemic and to study the implications of the government in protecting debtors who experience Termination of Employment (PHK) due to Covid-19. This study uses empirical legal research with a sociology of law approach. The sources of law used are primary and secondary. The techniques for collecting legal materials are recording, summarizing, and quoting techniques and the data that has been collected is then used qualitative analysis techniques. The results of the study reveal that the legal protection provided by the government to workers who have been terminated is by issuing policies in the form of a pre-employment card program and stimulus assistance intended for people who have not worked and workers who have been laid off. The implications of the pre-employment card program policy and stimulus assistance issued by the government were greatly appreciated by one of the workers of PT. Astra International Tbk-Honda who experienced termination of employment, the benefits of the pre-employment card program policy and stimulus assistance were felt to be very helpful in developing the business he had just started.

Why Restrict Abortion? Expanding the Frame on June Medical

As the Supreme Court prepares to roll back protections for the abortion right, this Article analyzes the logic of pro-life constitutionalism in June Medical Services L.L.C. v. Russo. I expand the frame on the admitting privileges law in June Medical to examine the logic of woman-protective health-justified restrictions on abortion. Do these laws protect women or the unborn—and how? By considering the history of the admitting privileges law at issue in June Medical and locating it in broader policy context, we can see how Louisiana legislators who restricted abortion to protect women’s health equated women’s health with motherhood; they supported laws that pushed women into motherhood while declining to enact laws that provided for the health of pregnant women and the children they might bear. Expanding the frame on Louisiana’s pro-woman pro-life law shows us sex-role stereotyping in action, and demonstrates the intersectional injuries it can inflict. From this vantage point, we can see that judges who refuse to scrutinize pro-life law making—on the grounds that it would involve judges in politics—help legitimate the claims about protecting women’s health that supposedly justify the abortion restrictions, while revising the meaning of the Constitution’s liberty and equality guarantees. Reading the doctrinal debate in June Medical in this context identifies open and hidden efforts to roll back protections for the abortion right—and suggests how the Supreme Court that President Donald Trump helped fashion values women, health, life, truth, and democracy.

The ensuring and protection of rights of persons suffering of mental disorders: analysis of industrial legislation

The current world-wide trend of increasing of mental diseases morbidity requires active development of corresponding enhanced public legal measures. On one hand, it is necessary to ensure implementation of all civil rights of mentally ill persons. On the other hand, it is necessary to ensure safety of society, protecting it as much as possible from illegal behavior of mentally ill people. According to the WHO data, number of people with mental disorders is on average about 450 million people and this figure is constantly increasing. According to the Constitution of the Russian Federation, the state guarantees equality of human rights and freedoms of person and c itizen regardless of any circumstances. The protection of rights and legitimate interests of mentally ill people causes a number of difficulties, therefore they are vulnerable to community. The article identifies principal problems existing in this field and suggests possible means of eliminating them by introducing changes into current National legislation on mental care.

Age discrimination in modern global society

Human rights discrimination has a destructive impact on legal reality. It demonstrates in different ways. On the modern stage of society development, one of the most common form of discrimination is age discrimination since it concerns all society groups in any country. In science literature, there is no common view on the understanding of age discrimination, that is why its interpretation (as a category that is demonstrated through stereotype, prejudice and age discrimination in its broad sense i.e., all individuals because of age that cause harmful consequences for society and particular individuals) is justified. Monitoring reports, analytical reviews and notes of professional international institutions at the level of UN bodies demonstrate the variable determinants of modern society in the context of aging trends and other related population and legal trends. Comprehensive approach of the survey is conditioned by need in methodical representation of declared problems through definition of economical, cultural, political, legal, social, middle-aged, labor, medical, gender and other agents that are directly related to the guarantee of equality and discrimination issues. Regulatory legal method helps to interpret rules of law in broader context in national legal systems of Albania, Great Britain, Norway, Ukraine, the Czech Republic, Lithuania.

Gender Equality Problems in Soviet Reality

The Soviet Union was a totalitarian and strictly centralized state, which from the day of its foundation was intended to create a new human. The idea of formal equality written in its constitution and legislation was not a guarantee of real equality in the Soviet Union. The Communist Party deeply believed in the rise of its own tolerant policies, although the existing facts became a barometer of its failure. Despite the established way of life (education, work, etc.), women were neither represented in the ruling circle nor fully participated in the development and implementation of state policy. Thus, the Soviet Union with its paternalistic politics sought both to weaken the influence of men on women by improving the condition of women and to saturate deeply women's lives with Soviet pathos and communist beliefs.

Women’s election right in Ukraine in the aspect of protecting their political rights

Democratic societies must enable men and women to participate equally in all spheres of life, including politics, in particular at the highest levels of socially important decision-making. For almost 30 years of Ukraine’s independence, issues of gender equality have still not been resolved. The Constitution of Ukraine guarantees equality in rights and responsibilities regardless of race, color, age, property status, place of residence, religious, political, ideological be¬liefs, ethnic and social origin, language and other characteristics. Ukrainian legislation guarantees equality between men and women. Equality of rights in politics regardless of gender is defined at the international level by the Univer¬sal Declaration of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimi¬nation, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Political Rights of Women. Today, gender equality is one of the fundamental areas of legislative and political activity in the modern world. The goals set by our state to ensure gender equality are to overcome the limitations of their rights and opportunities for self-realization in the private and public spheres, both at the legislative level and in real life. In order to find possible solutions to this problem, the article illustrates the main international and regional regu¬lations governing gender equality in Ukraine, analyzes the state of equality in relation to future women politicians de facto, formed possible measures to influence to ensure the observance of women’s political rights, protection of their violated rights, preventive measures and increase the influx of women into politics in Ukraine. Monitoring of existing programs for the protection of women’s suffrage has become the subject of this work, as well as an assessment of the current state of this reality in our country. The focus was on the relationship between policy officials and women who are being expelled, violated their rights, disregarded gender equality and improperly enforced electoral quotas.

O Princípio da Assistência e a Justiça Global : uma análise a partir da obra O Direito dos Povos, de John Rawls

PROBLEMATIC: The problematic of this article comprises the analysis of the Rawlsian proposal of justice for a Society of Peoples and the author's concern in ensuring stability and the minimum of social justice within societies, considering that the work The Law of Peoples has its scope limited to the political sphere, supported by elements that make up the Rawlsian social ideal, presupposed initially in A Theory of Justice. OBJECTIVES: To analyze the Principle of Assistance for the Law of Peoples as an element of the project of justice that pervades the author's entire work and that gains specific contours in A Society of Peoples. To demonstrate that the Duty of Assistance among Peoples is part of the Rawlsian social ideal thought in his three main texts, that is, the search for a complete conception of justice that requires a basic structure and just social institutions, principles of social justice and the purpose of cooperation. METHODOLOGY: The research uses the hypothetical-deductive approach, centered on bibliographic research of works of political philosophy, with specific study of the theory of justice articulated by John Rawls, as well as the elements present in the Rawlsian project of justice for national societies and resumed in the proposal of social justice among peoples. RESULT: The Duty of Assistance, as a new element introduced in the latest version of The Law of Peoples, demonstrates, once again, Rawls' commitment to the stability of institutions, to political justice in societies, which, if not liberal, are at least decent, and, finally, to the guarantee of freedom and equality for all societies. This highlights the two main ideas of The Law of Peoples exposed in the opening of the work: 1) the great evils of humanity arise from political injustice; and 2) the elimination of these evils only occurs through just or decent social policies and equally just or decent social institutions, which would guarantee stability and justice for the Society of Peoples. CONCLUSIONS: We conclude that both the principle requiring the observance of human rights and the principle of Assistance have political goals and are intertwined in the proposal of political justice thought for the Peoples' Society. The first, with the intention of promoting peace and stability, avoids choosing rights of essentially liberal content and discussions with specific conceptions of good; the second having as objective the legitimacy of societies from a basic structure and fair institutions and the idea of cooperation, aims at a dignified life founded on freedom and equality, part of the Rawlsian social ideal.

Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

Role Of Law And Social Stratification For Online Taxibike Consumer According To The Republic Of Indonesia Law Number 8 1999 Considering Consumer Protection

The role of law and social stratification for online taxi bike consumers regarding implementation Law No. 8 of 1999, using normative descriptive methods. The Law uncurtained concerning taxi bike position as a transportation mode. And since motorbike is likely uncommonly used public transportation. Not only for the taxi bike driver in general, but this issue is also addressed to Gojek driver since the main service of Gojek is using a motorbike as made of transportation.
 Regarding the after-mentioned issue, according to article 1 1 of Law No. 8 of 1999 on Consumer Protection (BFL) on 20 April 1999(Indonesia, 1999) it is obvious that the relation of online taxi bike system is so relevant, observe by social stratification approach since it is hierarchically structured. Thus causing a relationship between law and social stratification as are chain reactive it is stated within by the law. There is existing discrimination in public caused by social discrimination that can be legally overcome, and law guarantees equality for all.

An Incremental Approach to Filling Protection Gaps in Equality Rights for Persons with Disabilities

Abstract The Convention on the Rights of Persons with Disabilities (CRPD) guarantees that persons with disabilities (‘PWD’) are to be equal before and under the law. There are almost identical equality guarantees in the Canadian Charter of Rights and Freedoms and Hong Kong's mini constitution – the Basic Law. Australia boasts similar legislative equality guarantees for PWD. The CRPD Committee has interpreted the right broadly, whereas constitutional courts have taken a proportionality approach, balancing the right to substantive equality against competing concerns. The tension between these methods of rights protection means the CRPD is being positioned as an alternative model of rights protection, but it is not an alternative mechanism for enforcement. This article calls on the Committee to modify its guidance to make suggestions to state parties as to how incremental advances in rights protection can be immediately implemented, even if in the short-term, these advances fall short of full inclusion.

The Elephant in the Room and Straw Men on Fire

A great unacknowledged challenge in litigating systemic discrimination claims under the section 15 equality guarantee of the Canadian Charter of Rights and Freedoms1 is that claimants bear a double burden. Like all litigants, they must meet the burden of proving the elements of their legal claim. But, before they can do that, equality claimants must often first meet the extraordinary burden of dislodging judges’ phenomenological anchoring in worldviews shaped by privilege. Where judges lack lived experience of systemic oppression, claimants must convince them that oppression exists. This gulf between lived experiences — what I call the reality gap — is the elephant in the room in many section 15 cases.
 1 s 15, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.

Constitution-Making Process in Tanzania (2011-2014): A New Era for Women Political Participation?

Constitution-making as a public policy process requires substantive participation of all citizens in determining the content of the constitution. In Tanzania, unlike the colonial and post-colonial constitution-making legal framework and processes, the 2011-2014 constitution-making process was a critical juncture for it was governed by the Constitutional Review Act, CAP 83 R.E 2012 which for the first time contained provisions allowing citizens including women to participate and influence the content of the 2014 Proposed Constitution. This article examines two interrelated questions notably the extent to which women were involved in the constitution-making process, and how such participation impacted the content of the Proposed Constitution in terms of protection and promotion of women political participation in the country. It is argued that the legal framework facilitated meaningful participation of women in each step of the constitution-making process. Consequently, women managed, for the first time in history, to secure constitutional guarantees of equality and non-discrimination in political life.

Educational Challenges Of Transgender

The right to choose one’s gender identity is an essential part to lead a life with dignity which again falls under the ambit of Article 21. Transgender persons are deprived of social and cultural participation and hence they have restricted access to education, health care and public places which further deprives them of the Constitutional guarantee of equality before law and equal protection of laws. It has also been noticed that the community also faces discrimination as they are not given the right to contest election, right to vote (Article 326), employment, to get licenses, etc. and in effect, they are treated as outcast and untouchable. Section-21 makes provision that all Government institutions of primary, secondary and higher education and all primary, secondary and higher education institutions receiving aid from the Government shall reserve two percent of the total seats in each class or course for transgender persons