Fair Treatment Research Articles

PASAR TENAGA KERJA INKLUSIF DAN PEKERJAAN AFIRMATIF UNTUK PENYANDANG DISABILITAS

<p class="abstrak"><em>An inclusive labour market emphasizes equal opportunities and fair treatment for all individuals, including persons with disabilities, with the aim of optimizing the potential of the workforce, increasing innovation, productivity, and economic growth. In Indonesia, inclusive policies have been implemented through various laws and regulations that support the rights of persons with disabilities to obtain decent work. Nonetheless, challenges in the form of discrimination and lack of supporting infrastructure are still significant. Disabled people's organizations (DPOs) play an important role in economic empowerment through skills training and entrepreneurship. This training covers areas such as screen printing, electronics, computers and weaving, as well as social assistance for small businesses. The types of jobs available to people with disabilities include operators, customer service, telemarketing, teachers, and administration. Awareness and effective policies are needed to create a truly inclusive workplace in Indonesia. With sustained commitment from all parties, Indonesia can respect and protect the rights of persons with disabilities, ensure equal and fair access to employment opportunities, and harness their full potential for nation-building.</em></p>

Can a successor comparator be used in an equal pay claim under Section 6(4) of the EEA?

One of the purposes of the Employment Equity Act 55 of 1998 ('EEA') is to achieve equity in the workplace by promoting fair treatment and equal opportunity through eliminating unfair discrimination (section 2(a) of the EEA). Section 5 of the EEA obliges every employer to take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment practice or policy. Section 6(1) of the EEA then prohibits unfair discrimination against employees on a number of grounds which includes an arbitrary ground. Van Niekerk et al state that sections 5 and 6 of the EEA contain a generally expressed obligation to promote equality through the elimination of unfair discrimination as well as the prohibition of unfair discrimination on a list of specified and other grounds (Van Niekerk et al Law@work (2023) 131). Du Toit et al state that the EEA proscribes unfair discrimination as part of its wider purpose of promoting employment equity (Du Toit et al Labour Relations Law: A Comprehensive Guide (2023) 766).- please remove 'et al' and list all the authors.

THE ROLE OF INTERNATIONAL ORGANIZATIONS IN PROTECTING THE RIGHTS OF INTERNATIONAL LABOR MIGRANTS

This paper reviews the role and importance of international organisations in protecting international labour migrants' rights. Millions of people are crossing borders to seek employment, and the protection of their rights is essentially related to their fair treatment, social security, and access to justice in a foreign country. Key organisations, such as the International Labour Organization and the United Nations, have developed conventions, policies, and frameworks that would guide labor migrants for workplace conditions, social protection, legal assistance, and family reunification. This article examines the shifting landscape of labor migrant rights using international conventions and organizational activities, along with the problems involved in creating and implementing such protection for them across the world. Current works to adapt international standards to the heterogeneous requirements of labor migrants and reviews future strategies that will enhance these protections at a global level, are also given due consideration.

“Human Rights And Social Justice In India: Challenges, Progress, And Pathways To Equity”

Human rights and social justice are foundational concepts for a just and equitable society, ensuring that all individuals receive fair treatment, dignity, and equality. In India, the principles of human rights and social justice are central to addressing widespread socio-economic inequalities, cultural diversity, and the challenges posed by a complex legal and social landscape. This article explores the evolution, implementation, and ongoing struggles of these concepts within the Indian context. It delves into key challenges such as poverty, caste discrimination, gender inequality, and access to resources, which continue to hinder the realization of equitable rights for all citizens. By examining legislative measures, policy reforms, and community-led initiatives, the article highlights India’s progress toward inclusive development while acknowledging persistent gaps. Through a comparative and analytical approach, the study proposes pathways for achieving greater equity and recommends actionable strategies for strengthening India’s commitment to human rights and social justice

Closing the Divide: How Pay Transparency Drives Progress on Gender Pay Equity

Gender pay gaps persist as a stubborn workplace inequity despite decades of progress toward closing divides. As an organizational effectiveness consultant passionate about advancing fair treatment, this inconsistency struck the author as an issue warranting innovative solutions. This article explores the promising approach of mandated pay transparency policies, which require companies to publicly disclose information about employee compensation. Research indicates locations instituting disclosure rules see significant narrowing of gender pay differentials over time. Case studies of companies like Google and Anthropic also demonstrate how transparency motivates self-examination resolving subtle barriers driving differences. While challenges remain, transparency seems to cultivate accountability and merit-based cultures where qualifications alone determine rewards. As these laws continue spreading, their ability to reshape environments into ones of true equity, justice and inclusion will likely strengthen further.

The Identification and Regulation of Expropriation in International Investment Law

This essay focuses on the concept of expropriation within the framework of international investment law. Expropriation has evolved from direct state appropriation of foreign investors’ property to indirect expropriation, a more covert measure without the transfer of ownership. This essay distinguishes between direct and indirect expropriation, explores the meaning of expropriation through key cases, and evaluates the challenges tribunals face in legal practices. Finally, this essay examines the role of fair and equitable treatment (FET) standards and compensation mechanisms. With an effective regulation of expropriation, the author believes that a balance between state sovereignty and investor protection can be achieved.

A More Effective Social Protection System for Older Workers: A Case Study of the Older Adult Employment Project in Thailand

The phenomenon of old-age pensioners reentering the workforce is neither new nor unique and has been well-reported in several published literature. However, there are remaining challenges to this group of job seekers whose needs have yet to be well-documented from employer’s perspectives, especially regarding decent work, legal landscape, and organizational culture. Our study seeks to provide a better understanding of the underlying causes of these and to help policymakers introduce social protection policies to create a more welcoming and supportive environment for older workers. The study used a case study from service companies in Thailand that participated in the Thai government’s campaign on promoting older employment. Data was collected from interviews with top managers of the human resources department, and that information was analyzed by thematic analysis. Key findings highlighted that the supportive mechanisms for matching decent work, a room for integrating legal framework, and a culture that values inclusivity and fair treatment of all workers, regardless of age, can enhance the social protection system for older workers. The establishment of a modern database of older workers’ skills, which ensures easy accessibility to both employers and older workers, the establishment of a task force specific for monitoring laws and regulations concerning older employment, and the development of effective measures against workplace discrimination are recommended as effective interventions for social protection.

The Impact of Supportive Leadership on Work Stress: An Empirical Research in the Ministry of Iraqi Interior

Purpose: The purpose of this research is to discover the effect of supportive leadership on work stress in the Ministry of Iraqi Interior / Human Resources Management to achieve a happy life for its employees and hence achieve the desired level of performance. Theoretical Framework: The current research deals with introducing the Ministry of Iraqi Interior / Human Resources Management to the latest developments in the administration field through supportive leadership style and work stress, as well as presenting the latest concepts, importance, and models that previous researchers have arrived at. It contributes to expanding the researched organization's awareness of adopting any of these models that are appropriate for their goals and future direction. Design/Methodology/Approach: The research analyses administrative data within the Ministry of Iraqi Interior / Human Resources Management (2023-2024), using the dimensions of supportive leadership (empowering employees, fairness of treatment, and inspirational motivation) and the dimensions of work stress (role ambiguity, role conflict, workload, and work nature). It will determine the factors affecting them. Findings: The findings of this current research have approved the key effect hypothesis (supportive leadership style and its dimensions have a significant and negative impact on work stress and its dimensions). Research Implications: The results most leaders of human resources in the under-study organization practice the dimension of fair treatment more than other dimensions (empowering employees, and inspirational motivation. Originality/Value: This research seeks to enhance awareness of the importance of the negative role of a supportive leadership style on work stress. This research has dropped the knowledge gap between them and uses a framework that is compatible and harmonious to save the lives of the employees and at the same time increase organizational performance.

The Impact of Perceived Inclusion Climate for Leader Diversity (PICLD) on Organizational Justice and Its Effects on Employee Engagement, Emotional Wage, and Happiness at Work

In today's globalized world, workplace happiness is an increasingly important concern for many organizations, as it has a direct impact on employee productivity and well-being. An inclusive and equitable work environment plays a significant role in creating conditions that support employees' emotional and intellectual engagement, as well as providing emotional rewards that can increase their happiness. This research aims to analyze the impact of Perceived Inclusion Climate for Leader Diversity (PICLD), Organizational Justice, Employee Engagement, and Emotional Rewards on Workplace Happiness. Using a quantitative approach and survey method, data was collected from 248 employees working in various companies in Indonesia. The results showed that PICLD has a positive and significant influence on perceptions of workplace justice, which in turn increases employee engagement and emotional rewards. Employees who perceive fair treatment are more engaged and receive emotional rewards that improve their well-being. Employee engagement and emotional rewards are shown to have a positive impact on workplace happiness, so employees who feel emotionally rewarded tend to be more satisfied and happy. The implications of this research emphasize the importance of creating an inclusive, fair and supportive work environment to increase employee engagement, emotional well-being and happiness at work.

Perlindungan Diskriminasi terhadap Disabilitas dalam Lingkup Pendidikan

Protection against disability discrimination in education is essential to ensure that all individuals, without exception, have a fair chance to learn and develop. Inclusive regulations and policies as well as data related to the challenges faced by people with disabilities can be the basis for improving the quality of inclusive education in Indonesia and the world. Based on this problem, further discussion is needed regarding how the government's efforts to provide legal protection to overcome acts of discrimination against people with disabilities and how the government can provide fair treatment for people with disabilities to obtain the right to a decent education. The approach methods used are the Statute Approach, the Historical Approach, and the Conceptual Approach. The results of the study show that the government actually still pays less attention to matters related to protection against discrimination against people with disabilities in the scope of education.

Punishment for Perpetrators with Special Needs (Disability) in the Current Criminal Process

General background of this research emphasizes the state's vital role in ensuring the rights of persons with disabilities within the legal framework, particularly in criminal proceedings. The specific background highlights the challenges these individuals face in the justice system, often encountering biases that hinder their access to justice. The knowledge gap identified indicates a lack of comprehensive research on the legal treatment and punishment of offenders with disabilities in Indonesia, especially under the new Criminal Code. This research aims to analyze punishment implementation for such offenders and the collaboration between judges and psychiatrists for fair legal processes. The results reveal that a normative descriptive method, incorporating expert assessments and judicial discretion, is crucial for adjudicating these cases. The novelty lies in proposing a collaborative approach that encourages judges to consider legal principles alongside individual circumstances. The implications advocate for systemic reforms to enhance protections and treatment of persons with disabilities in the criminal justice system, ensuring equitable rights and justice for all citizens. This study contributes to the dialogue on legal reform and social justice, urging policymakers to foster an inclusive legal environment. Highlights: Emphasizes the importance of integrating expert assessments in legal proceedings for offenders with disabilities. Advocates for a collaborative approach between judges and psychiatrists to ensure fair treatment. Highlights the need for systemic reforms to protect the rights of persons with disabilities in the justice system. Keywords: Disability, Punishment, Legal Reform, Equality, Criminal Offenders

Workplace dignity scale in Iranian nurses: translation and psychometric evaluation

BackgroundWorkplace dignity is defined as a person’s perception of respect and trust, equal and fair treatment, valuing the person, independence, freedom of expression, and decision-making enjoyed by the employee in the workplace. Therefore, this study aimed to develop the Workplace Dignity Scale (WDS) and evaluate its psychometric properties.MethodsIn this methodological study, WDS was translated based on Beaton et al. Guideline. After assessing face and content validity (using CVI, CVR, modified kappa, and item impact), 250 nurses were selected by random sampling from Kashan hospitals in 2023. Then, WDS was assessed through expletory factor analysis (EFA), known-groups comparison, internal consistency, and stability. The ceiling and floor effects were also examined. Data were analyzed using SPSS v16 by Kruskal–Wallis test, Cronbach’s alpha, McDonald’s Omega, interclass correlation coefficient (ICC), standard error of measurement (SEM), and minimum detectable changes (MDC).ResultsThe scale’s CVI, CVR, and modified kappa were above 0.79. Item impact was higher than 1.5. EFA extracted three factors, including “general dignity, respect, and indignity”, that could explain 70.6% of the total variance in scale. WDS could differentiate between the three groups in terms of occupation satisfaction status. Cronbach’s alpha, McDonald’s Omega, ICC, SEM, and STC of scale were 0.949, 0.950, 0.970, 2.793, and 7.742, respectively.ConclusionThe Persian version of the WDS has shown validity and reliability for measuring workplace dignity among nurses in the Iranian context.

Promoting Equity, Diversity, and Inclusion in Healthcare: An Example of the COVID-19 Pandemic

Healthcare systems must embody equity, diversity, and inclusion (EDI) and, in the event of unfairness, appropriate policies / countermeasures should be enacted. The healthcare system response to the COVID-19 pandemic not only highlighted how socioeconomic disparities affect mortality risk but also posed significant challenges to the successful practice of EDI in healthcare. In light of this, this article was written to provide an overview of EDI, analyze the international efforts to promote it, and suggest strategies for promoting EDI in infectious disease healthcare using COVID-19 as an example. In healthcare settings, equity centers on ensuring patients receive fair treatment regardless of race, gender, age, or socioeconomic status; diversity centers on healthcare providers understanding the uniqueness of patients from different cultural backgrounds and the health barriers they face; and inclusion centers on ensuring patients are treated with respect and given the attention they deserve. During pandemics, social determinants of health (SDOH) greatly impact patient health outcomes and hinder the practice of EDI. Reflecting on the impact of COVID-19, healthcare systems can actively apply EDI in clinical practice to provide to all patients equitable access to healthcare opportunities and outcomes. Practical strategies include establishing EDI committees within healthcare systems, monitoring relevant data, conducting staff training, and continuously addressing the SDOH and needs of marginalized groups to achieve EDI in healthcare.

The association between experiences of unfair treatment in school and adolescent adjustment over 5 years.

This study investigates how high-school experiences of unfair treatment connect to adolescents' higher education enrollment and life satisfaction 5 years later. We utilized four waves of data at ages 14 years (T1), 16 (T2), 18 (T3) and 19 (T4) in the UK (N = 13,065; 51% Male, 49% Female, 70% White, 11% Black, 19% South-Asian). Perceived teacher unfairness at T1 predicted lower university aspirations (T2) and subsequently lower enrollment in higher education (at T3 and T4) and life satisfaction (T4). Experiences with T1 teacher ethnic discrimination also predicted lower life satisfaction. The effects were similar across historically minoritized and majority-background pupils, but historically minoritized adolescents experienced more ethnic discrimination in school. Our findings highlight the importance of fair treatment for all pupils.

Reconciling public interest litigation and India’s investment treaties

ABSTRACT Emerging scholarship indicates that developing states like India have not adequately internalized their investment treaty obligations. However, much of this scholarship focuses on India’s failure to adapt its legislative and executive processes to meet these obligations, with only occasional references to the judiciary. This article fills this gap by mapping and challenging the impact of India’s treaty obligations on its judicial processes, particularly in its public interest litigation jurisdiction. Despite India’s recent termination of several investment treaties, such treaties continue to protect investments by certain foreign investors. They mandate adherence to the fair and equitable treatment and effective means standards to allow investors to enforce their rights. PIL courts’ disregard of strict procedural norms to prioritize public interest can, as it previously has, result in a breach of these standards and, thus, India’s investment treaty obligations. Accordingly, India’s investment treaty obligations must inform its judicial processes.

LABOR DISCIPLINE AND LABOR MARKET REGULATION ACTIVITIES

The purpose of this paper is not only to analyze the current state of the labor market in Kazakhstan but also to propose recommendations for optimizing labor policy, taking into account both current challenges and potential opportunities for sustainable development of the labor market in the country. Based on a wide range of data, including statistical indicators range of unemployment levels, legislative changes, and analysis of judicial practice, we aim to identify correlations and cause-and-effect relationships between labor discipline and market indicators. This research provides a detailed comparative analysis of the number of labor disputes and the evolution of Kazakhstan’s labor discipline legislation. Key observations include the correlation between stringent disciplinary norms and reduced unemployment, the influence of judicial practices on labor discipline, and the necessity of balancing strict discipline with fair treatment to prevent legal disputes. The findings offer valuable insights for optimizing labor policies to support sustainable labor market development in Kazakhstan.

Diversity, equity, and inclusion in gastrointestinal endoscopy: European Society of Gastrointestinal Endoscopy Position Statement.

1: The European Society of Gastrointestinal Endoscopy (ESGE) adheres to the overarching principles of equality of opportunity, fair treatment, nondiscrimination, and diversity of health care professionals. 2: ESGE strongly supports the creation of collaborations within and between national and international endoscopy societies to disseminate the principles of diversity, equality, and inclusion (DEI) in the field of gastrointestinal (GI) endoscopy. 3: ESGE aims to reflect the diversity of its membership in all its scientific and educational activities. 4: ESGE supports the fostering of collaborative work settings that empower all members of the endoscopy team to reach their full potential. 5: ESGE supports international and national endoscopy societies in promoting equitable access to high quality endoscopy training. 6: ESGE recommends the implementation of ergonomic principles in endoscopy units to prevent injuries and to provide adapted workplace conditions for personnel with disabilities and/or special needs. 7: ESGE recommends comprehensive mentorship, that includes diverse backgrounds, and equitable sponsorship for professional development, training, and academic excellence. 8: ESGE recommends that endoscopists actively identify, discuss, and attempt to accommodate reasonable patient preferences and expectations regarding endoscopy procedures. 9: ESGE advocates for educational and awareness campaigns targeting both health care professionals and patients, as well as the adoption of cost-effective health care strategies to address disparities and enhance equity in endoscopy care. 10: ESGE is committed to increasing support for underrepresented scholars and minorities pursuing research in endoscopy. 11: ESGE identifies mentorship and sponsorship as factors that may mitigate the barriers to academic careers for underrepresented endoscopy scholars. 12: ESGE recognizes the need to increase awareness of diversity, equity, and inclusion (DEI) in the field of endoscopy and supports publications on these topics.

Fair and optimal prediction via post‐processing

AbstractWith the development of machine learning algorithms and the increasing computational resources available, artificial intelligence has achieved great success in many application domains. However, the success of machine learning has also raised concerns about the fairness of the learned models. For instance, the learned models can perpetuate and even exacerbate the potential bias and discrimination in the training data. This issue has become a major obstacle to the deployment of machine learning systems in high‐stakes domains, for example, criminal judgment, medical testing, online advertising, hiring process, and so forth. To mitigate the potential bias exhibited by machine learning models, fairness criteria can be integrated into the training process to ensure fair treatment across all demographics, but it often comes at the expense of model performance. Understanding such tradeoffs, therefore, is crucial to the design of optimal and fair algorithms. My research focuses on characterizing the inherent tradeoff between fairness and accuracy in machine learning, and developing algorithms that can achieve both fairness and optimality. In this article, I will discuss our recent work on designing post‐processing algorithms for fair classification, which can be applied to a wide range of fairness criteria, including statistical parity, equal opportunity, and equalized odds, under both attribute‐aware and attribute‐blind settings, and is particularly suited to large‐scale foundation models where retraining is expensive or even infeasible. I will also discuss the connections between our work and other related research on trustworthy machine learning, including the connections between algorithmic fairness and differential privacy as well as adversarial robustness.

Employment Legal Protection in Facing Artificial Intelligence Disruption: Efforts to Overcome the Replacement of Human Workers

<p><em>This study aims to analyze employment legal protection in the face of disruption from artificial intelligence (AI) technology that threatens the existence of human labor. The development of AI technology has created new challenges for the world of employment, where many jobs have the potential to be replaced by machines and automated systems. This study uses a normative legal method with a statutory approach to examine existing employment regulations and their relevance in protecting workers' rights in the digital era. The data used consists of legal literature, laws and regulations related to the application of AI in the world of work. The results of the study show that Law Number 13 of 2023 concerning Manpower emerged as a response to the unfavorable situation for workers, with the aim of protecting labor rights and implementing international instruments and human rights declarations. Technological advances, especially automation and artificial intelligence (AI), bring benefits such as efficiency and new opportunities, but also pose challenges such as job loss. To address this, the government needs to strengthen employment legal protection, design policies to support affected workers, and provide skills training and incentives for companies. The Circular of the Ministry of Communication and Information on the ethics of using AI emphasizes inclusivity, humanity, accessibility, and sustainable development, as well as the protection of workers' rights such as the right to work and fair treatment. However, current national regulations do not specifically regulate the use of AI by companies, so new legal arrangements are needed to protect workers' rights and manage the transition due to Termination of Employment</em><em>.</em></p>

Colorectal cancer care continuum: Navigating screening, treatment, and outcomes disparities.

This review investigates the disparities in colorectal cancer screening, treatment, and outcomes among different racial, ethnic, socioeconomic, and geographic groups. Although there has been progress, notable disparities continue to exist as a result of socioeconomic status, access to healthcare, and systemic prejudices. Approaches to tackle these challenges involve expanding screening access, enhancing healthcare utilization, addressing socioeconomic obstacles, ensuring fair treatment, and boosting representation in research.