Guarantee Of Equality Research Articles

Legal regulation of education in Ukraine. Part 3: equal rights, security and dignity of students and language requirements for admission to an educational institution under the conditions of military emergency

The purpose of this article is to continue the analysis of Ukrainian legislation and international acts that regulate or affect the process of regulating basic human rights and freedoms in Ukraine’s education field. The conduct of this study is due to the activities of the Cabinet of Ministers of Ukraine and the Ministry of Education and Science of Ukraine in 2024, which intervened directly during the admission process of students to higher educational institutions during the 2024 admission campaign. The mentioned aspects especially affected the education seekers who declared their desire to study full-time and on a paid basis in graduate school to obtain the third (educational and scientific) level of higher education. Regarding the above, it became necessary to legally examine the observance of basic human rights and freedoms when conducting the admission process under martial law along with implementing and regulating educational activities. In particular, the article examines the main conditions and guarantees of equality of rights of education seekers when enrolling in educational institutions. Additionally, the study underlines the main legal provisions on the human right to safety and dignity, which shall be observed during the admission campaign and when carrying out educational activities in conditions of military emergency as well as in conditions of economic crisis. At the same time, special attention is focused on the need to establish different admission conditions and study conditions for free education and paid education recipients. In addition, the authors analyze the legislation of Ukraine regarding the possibility of using the factor of knowledge of foreign languages as a condition for admission to institutions of higher education, both in the general context and taking into account the specifics of the education received by the student. Thus, this article is the third article from the cycle of research and contains the results of a legal study of the principle of equal rights in the field of education, the principle of safety and human dignity in education, in particular, during the period of military emergency in Ukraine, as well as the principle of Ukrainian-language education in Ukraine.

The Development of Reservation Policies Under Article 15 of the Indian Constitution and Social Justice in India

This article examines the evolution and impact of reservation policies under Article 15 of the Indian Constitution and their role in advancing social justice in India. The historical context of inequality in India, rooted in the varna and caste systems, has profoundly influenced contemporary constitutional provisions. Article 14 guarantees equality before the law, while Article 15 prohibits discrimination on grounds such as religion, race, caste, sex, or place of birth. Article 15(1) and 15(2) collectively aim to eliminate discriminatory practices in public life and access to public places. Article 15(3) allows for special provisions for women and children, and Article 15(4) provides a constitutional basis for affirmative action to benefit socially and educationally backward classes, Scheduled Castes (SCs), and Scheduled Tribes (STs). Recent amendments, including Article 15(5) and the 103rd Constitutional Amendment Act introducing Article 15(6), expand reservations to private educational institutions and reinforcing caste identities, socio-economic disparities within reserved categories, and the balance between affirmative action and meritocracy persist. The researcher has emphases the reservation policies aim to enhance social equity and opportunities for marginalized communities, their effectiveness is complex and influenced by ongoing socio-economic factors. The role of the judiciary, particularly the Supreme Court, remains pivotal in interpreting and implementing these provisions to ensure true equality and social justice.

International Legal Regulation of Pension Provision of Workers of the Eurasian Economic Union Member States

Introduction. The present article examines the conditions of the formation and functioning of the pension protection system for member states’ workers of the Eurasian Economic Union. The study of pension issues in the EAEU is based, inter alia, on the review of a number of international treaties as the legal framework of the Customs Union and the Common Economic Space. In the context of this work the author has also conducted a comprehensive analysis of the provisions of the Agreement on pension provision of workers of the Eurasian Economic Union Member States dated December 20, 2019 as well as the relevant practice of the EAEU Court.Materials and methods. In the course of preparing the article, international treaties included in the legal framework of the Customs Union and the Common Economic Space in the field of pension provision for migrant workers, as well as the relevant norms of the Union law and the practice of the EAEU Court, have been studied. The theoretical basis of this work consists of the research of domestic specialists in the field of international law, dedicated to the common labor market of the EAEU. The methodological basis of the study is the following general scientific methods of cognition of legal phenomena: methods of analysis and synthesis, induction and deduction, and analogy. The special scientific methods that the author has also used in his research include formal legal, comparative legal and historical legal methods of cognition.Research results. As a result of the analysis, it has been revealed that the development and signing in 2019 of the Agreement on pension provision of workers of the Eurasian Economic Union Member States is a key step in building a pension system for workers in the EAEU countries. Despite the fact that this international treaty, which entered into force on January 1, 2021, is still standing the test of time, there is no doubt that its implementation is one of the important conditions for the successful functioning of the Union’s common labor market.Discussion and conclusion. Ensuring the free movement of labor within the framework of modern regional integration organizations is inextricably linked with providing workers with equal guarantees in the field of pension provision, as well as the protection of their acquired pension rights. It is possible that the positive dynamics of labor migration in the EAEU is due, among other things, to the transition to a qualitatively new level of legal regulation of pension provision for workers in its member states. At the same time, as follows from the analysis of the practice of the EAEU Court, the interest of states in clarifying certain norms of the Union law in the relevant area remains quite high.

Asuransi Ketenagakerjaan dan Penjaminan Keselamatan Kerja

Work safety refers to the physiological-physical and psychological conditions of workers resulting from the work environment provided by the company. Islam also requires a company to provide safety guarantees to protect and maintain the health and safety of workers. The research method used in this journal is a research library study which is a library study, meaning that information is collected through the use of library sources. Work safety is the protection of workers to guarantee the basic rights of workers/laborers and guarantee equality of opportunity and treatment without discrimination on any basis to realize the welfare of workers/laborers and their families while still paying attention to developments in the business world. Objectives and factors of occupational safety. The essence and objectives of occupational safety greatly influence the work effectiveness of the workforce and also influence the production efficiency of a company, thereby influencing the level of productivity achieved.

Industrial Relations Dispute Resolution Model in Indonesia

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.

Right To Property and Maintenance of Illegitimate Child Under Hindu Law

The concept of property is evolving from the days of adopting the law relating to property of Hindu people. The laws relating to property undergoes many changes from time to time as to accommodate the changing need of the society. The major changes in the law of property held after the adoption of our Constitution. The Article 14 of the Constitution of India guarantees equality among men and women as a fundamental right. Following by Article 15 which allows special provisions can be made for women and child. Article 19 1(f) which said that right to property was a fundamental right, which later on amended and now property is a legal right under article 300A of the Constitution of India. Article 39(f) which is directive principle also concern about the safeguard of the child. The court observed that right to property is not only a constitutional right but also a human right1, and no person can be deprived of his property save and except by and in accordance with law. Due to Constitutional guarantees the legislature has brought Hindu Succession Act in 19562 and Hindu Marriage Act in 19553 along with three other Acts. Hindu Succession Act has amended and codified the law relating to intestate succession4. This Act has laid down a uniform and comprehensive system of inheritance of property. Moreover this Act gave rights to women to property which were unknown till then. The provision of this Act in relation to property is clear for legitimate child, but is silent for illegitimate child. The paper will focus on the right of illegitimate progeny to maintenance from their parents as well as right of inheritance to their parents self acquired as well as ancestral property in a Hindu family.

Sustainable Development Goals and Gender Equality: A Social Design Approach on Gender-Based Violence

Gender equality is a central human aspect of the Sustainable Development Goals. Among its multiple and complex issues, this research highlights gender-based violence as a domain that affects women’s empowerment and the guarantees of an effective equality on numerous levels. To address such a complex structure, which perpetuates inequalities between men and women, generating multiple effects and jeopardising social changes, social design can provide contributions on cultural and social levels. To achieve social systemic changes, one needs to activate profound cultural transformations. Thus, how can we change culture without rejecting the need to empower women and promote equality? The Montréal Design Declaration (2017) recognised social design’s potential to achieve the Sustainable Development Goals (SDG), to contribute to global challenges, and to accept a calling for stakeholders’ integration and agency promotion. This review explores how social design can provide contributions with regard to SDG5 and gender-based violence, presenting relevant domains that actively contribute to cultural transformation to address interventions in this systemic phenomenon.

THE WOMEN’S MOVEMENT FOR EQUITABLE DEMOCRATIC SOCIETY IN INDIA

India is the largest democratic country with 143 crores of population and the 95 crores of voters participating the biggest elections in the world. Women population in India are the half of the total population, but in all walks of life women don’t have the equal opportunities and justice though they are enshrined in the Indian Constitution. Indian women had the wider experience of conducting movement in the freedom movement. After Constitution came into force women had to start their movement to secure their rights. If women could have achieved their movement then they will get equal opportunities and justice in the society, that will be an equitable democratic society. It is observed that to achieve that that aim of the movement women should have followed the democratic way of fighting in which----- respecting the views of others, acting cooperatively, arriving the decisions through discussions, respecting equality, respecting the rights of others, and tolerating the views of others. This should be the attitude and perspective of the entire women movement. Recently the Indian Parliament passed the 33% of Political Reservation bill , women movement should utilize this constitutional amendment for their better life, then only they will able to enjoy their constitutional guarantees of liberty, equality, justice, fraternity and political empowerment. Women movement will have to get the aimed equitable democratic society through Constitutional methods. We followed the Historical and analytical research methods while pursuing this paper, we invited the further research in pursuing area.

Navigating the Labyrinth: Struggles and Triumphs of the Indian Women’s Movement

The paper highlights the dynamic nature of Indian feminism, emphasizing its diverse interpretations, intersectional approach, and unwavering commitment to achieving gender justice. It underscores the need for continued dialogue, critical analysis of successes and failures, and sustained efforts to dismantle the entrenched structures that perpetuate gendered inequalities. By exploring the ongoing struggles and celebrating the hard-won victories, this paper aims at inviting a deeper understanding of this ever-evolving movement and its crucial role in shaping India's future. Feminism in India is a vibrant, complex tapestry woven across centuries, marked by both remarkable progress and tenacious struggles. Rooted in colonial critiques and anti-patriarchal movements, Indian feminism has evolved into a multifaceted platform challenging gender inequalities across numerous fronts: economic disparity, political underrepresentation, social discrimination, and culture-specific injustices like dowry deaths and female infanticide. Its key achievements include constitutional guarantees of equality, landmark legislation like the Protection of Women from Domestic Violence Act, and growing representation in education and the workforce. However, the fight for a truly equitable society remains an ongoing battle. Challenges like entrenched patriarchal norms, religious fundamentalism, and systemic injustices against marginalized communities, especially Dalit women and those in rural areas, continue to impede progress.

성별 다양성에 대한 헌법적 접근

The term ‘third gender’ refers to a variety of gender identities that do not fit into the binary system of male and female, including transgender, non-binary, and genderqueer. This term signifies individuals whose gender identity differs from their biological sex, playing a significant role in social and legal recognition and policy. While legal approaches to gender have traditionally been based on binary gender norms, there is a growing legal framework recognizing the third gender. In 2017, the Federal Constitutional Court of Germany ruled that the legal requirement to register a person's gender as either male or female at birth does not fulfill the constitutional guarantee of equality irrespective of gender. Consequently, Germany established a legal avenue for registering a third gender. The Federal Constitutional Court recognized the connection between personal dignity and gender identity. It also acknowledged the substantial impact of gender on an individual's identity and social interactions. Such changes reflect the legal acknowledgment of social diversity and inclusiveness, contributing to enhanced recognition and understanding of the third gender. Our society also needs legislative efforts to adapt to the changing perceptions and recognition of gender beyond the binary thinking of male and female.

Implementasi Bantuan Hukum Litigasi dan Non Litigasi Melalui Lembaga Bantuan Hukum Universitas Lancang Kuning

Legal aid is a constitutional right for every citizen to ensure protection and equality before the law, as an effort to recognize Human Rights (HAM). Receiving legal aid is a manifestation of access to justice, which is the implementation of guarantees of legal protection and equality before the law. This principle is in line with the concept of legal aid which is related to the ideals of a welfare state. Legal aid also plays a significant role in the Criminal Justice System and the State Administrative Justice System as an integral part of protecting human rights for every individual, including the right to legal aid. This right is considered a very important right for every citizen, especially in the context of legal proceedings, especially criminal law and state administrative law, where the defendant cannot defend himself. The government has provided free legal aid for underprivileged people, but many are still not aware of this, causing them to feel that they are not supported by the government. This article details the realization of legal assistance related to both litigation and non-litigation cases related to the Lancang Kuning University Legal Aid Institute.

Wife’s Right To Maintenance And Human Right: Concerns And Issues

In the context of family law in India, maintenance refers to the legal obligation of a person to provide financial support to their spouse, children, or dependent family members. This obligation arises in situations where individuals are not able to support themselves adequately due to factors like marriage, separation, divorce, or other family-related circumstances. Maintenance is governed by various provisions in different personal laws, and sought through legal proceedings, typically maintenance order issued by a court. Exploring the human rights perspective on a wife's right to maintenance in the context of Indian law and society is crucial for several reasons like to evaluate whether existing legal provisions to promote gender equality and non-discrimination, to see whether maintenance laws are consistent with constitutional guarantees of equality, to ensures compliance with international conventions, to identify areas where Indian laws may need reform to align with international standards on women's rights, helps to assess the accessibility of justice for women, emphasises the importance of ensuring that women are not economically disadvantaged post-divorce or separation etc. This paper highlights historical background, legal framework of maintenance laws and their Alignment with International Standard, challenges faced by the women, gaps and shortcomings in the existing legal framework and on the basis of which some recommendations are being made in this paper.

Application of flexible working hours in comparison with other types of special working hours

In this scientific article, the author analyzes the features of the application of a flexible working time regime in comparison with other types of special working time regimes, in particular irregular working hours, the shift method of work organization, as well as shift work. It was established that these special regimes have both common and distinctive features. Thus, the author stated that flexible working hours and irregular working hours have in common that: they are established exclusively on a contractual basis; are not implemented where their application is objectively impossible; the employee is not paid extra for the performance of a labor function beyond the normal duration of the working day. The differences are that: an employee with an irregular working day does not have the opportunity to self-regulate working hours, additional social guarantees are provided for an irregular working day. Common to shift and flexible regimes is that: employees are provided with equal guarantees regarding annual leave; the implementation of the specified regimes requires a bilateral will. What is special is that: the shift method directly assumes the place where the employee performs his work function; the shift method is applied exclusively to the enterprise, institution and organization as a whole, or individual divisions, and not to specific employees. From the analysis of flexible working hours and shift work, the author states that the common feature is that the use of the latter does not impose on the employee the obligation to actually work a greater number of hours; special guarantees of social and economic protection do not apply to employees. The difference comes down to the fact that: under a variable working time regime, the employee is obliged to perform a work function in a certain specified place; under variable working hours, the employee is obliged to perform the work function also at night, and under flexible working hours, the employee does not have this obligation.

Legal Consequences For Companies For Violations Of Collective Bargaining Agreements

ABSTRACT
 Collective Labor Agreements (PKB) made between companies and workers' unions must refer to the Law governing Manpower in Indonesia in order to guarantee workers' basic rights, guarantee equality and opportunity and treatment without discrimination for the welfare of workers. If the Collective Labor Agreement made is contrary to applicable laws, it can result in the Collective Labor Agreement being null and void by law. In this research, the writer wants to examine the Juridical Review of the Collective Labor Agreement between PT x and the Workers' Union y. The type of legal research in this thesis is normative legal research and uses qualitative data analysis methods. In the application of the Collective Labor Agreement (PKB) by PT x with the Labor Union y, there are several discrepancies between the contents of the clauses contained in the Collective Labor Agreement (PKB) and the provisions contained in the Law governing Manpower in Indonesia. Even though there are some discrepancies in the contents of the Collective Labor Agreement clause made between PT x and y. However, the substance and other components contained in the Collective Labor Agreement (PKB) are in accordance with the laws governing employment in Indonesia.
 Keywords: Collective Labor Agreement, workers, null and void

Public Wrongs and Power Relations in Non-Democratic & Illiberal Polities

One of the influential contributions to criminalisation theories is Duff’s work on public wrongs, which offers a thin master principle of criminalisation, proposing that we have a reason to criminalise a type of conduct if it constitutes a public wrong; one that violates a polity’s civil order and forms part of that polity’s proper business. The nature of the civil order, the scope of its proper business, and the distinction between the public and private realms of wrongs are context-relative to each polity, structured by their legal, institutional, and informal values and ways of life. Such a context-relative view led to problematic criminalisation examples raised by Duff and his critics. This article engages more fully with the relativism of the civil order and public wrongs in non-democratic and illiberal contexts. It draws on examples such as Saudi Arabi and Iran, and Beetham’s work on the legitimation of power to argue that conceptualising the civil order as an undifferentiated whole that represents a polity’s chosen way of life overlooks the ways in which the civil order’s values and practices are shaped by relations of power and exclusion rules and processes. This, in turn, exposes the theory to the risk of mirroring and legitimising unequal relations of power and impeding efforts to change them. This is also due to the theory’s lack of proper normative guidance on the legitimacy of criminalisation. The potential commitment to – instead of a preference for – democracy and guarantees of equality and freedoms might help strengthen the theory normatively, but it is insufficient to guard against the raised problems.

Safety Index, Evaluation Model, and Comprehensive Evaluation Method of Power Information System under Classified Protection 2.0

Aiming at the problems of the low integration of the current power information system security assessment method with classified protection 2.0, strong subjectivity, and the vague quantification of objective indexes, this article proposes to establish a safety index system suitable for the electric power information system with the existing safety inspection standards for power systems on the basis of the classified protection 2.0 evaluation system. Additionally, it quantifies each index through a quantitative method combining subjective and objective methods and uses the analytic hierarchy process entropy method to obtain the combined weight of the evaluation index system. Finally, this paper summarizes the expert scores and the graded protection evaluation reports of the six systems into the original data for comprehensive weight calculation and analyzes the rationality of the weight change. The comparison and analysis of the closeness of the TOPSIS (Technique for Order Preference by Similarity to an Ideal Solution) and the evaluation score of the equal guarantee have confirmed the scientificity and rationality of the evaluation model. It provides a reasonable logical idea for the implementation of the classified protection 2.0 system in the power information system.

Under-inclusive laws and constitutional remedies: an exploration of the Citizenship (Amendment) Act 2019

ABSTRACT It has been widely argued that the Citizenship (Amendment) Act 2019 (“CAA”) breaches Article 14’s equality guarantee due to its under-inclusiveness i.e. it does not include within its ambit many migrants who faced persecution similar to the persons it covers. However, it is often argued that under-inclusive laws are subjected to a low standard of review, which increases the justificatory burden on those who challenge its validity. I argue that there is no support in principle or case law for the argument that under-inclusive laws are subject to lower scrutiny than over-inclusive ones. Linked to this is the question of constitutional remedies for under-inclusive laws, which I analyse drawing on jurisprudence from India and other jurisdictions. Contrary to dominant opinion, I argue that, were the CAA to be declared unconstitutional, the appropriate remedy would be to extend its benefits to those hitherto uncovered by it, rather than striking it down.

Конституционное право на свободу совести как объект уголовно-правовой охраны

Introduction: The relevance of the study is determined by the fact that, in accordance with the Constitution of the Russian Federation, the state guarantees equality of human rights and freedoms regardless of attitude to religion. To this end, the State prohibits insulting beliefs related to the expression of religious preferences by a person, as well as agitation based on religious hatred or enmity, as well as the creation of public associations, including religious ones based on the principles of religious superiority or intolerance. The growing complexity of social relations, the increasing role of religion in the life of society requires the state to pay close attention to compliance with legislation in the field of the freedom of conscience.
 The purpose of the study is to identify the features and problems of protecting the constitutional right to freedom of conscience through criminal law legislation.
 The object is the public relations protected by criminal law norms that arise in the field of preventing crimes that infringe the freedom of conscience.
 The subject of the study is the peculiarities of constitutional and criminal law protection and protection of the right to freedom of conscience.
 Research methods: analysis, synthesis, generalization, classification.
 Results. The author analyzes the current problems of criminal law legislation guaranteeing the implementation of the constitutional right to freedom of conscience. The author comes to the conclusion that the current criminal law guarantees protecting freedom of conscience in Russia do not fully comply with the Constitution of the Russian Federation. The study also proposed a definition of the concept of «crimes against freedom of conscience»; the author’s classification of types of crimes infringing the freedom of conscience is presented. It is concluded that the criminal law legislation in the area under study requires adjustment.

The gender principle in law as a guarantee of equality in legal regulation

The development of modern Ukraine on the basis of the new forms of social relations between the sexes must be carried out in accordance with world universal standards of human rights and equality between the sexes. The article defines the need for a more specific view of gender equality. Using the historical approach and different theoretical methods, the article attempts to systematize knowledge about feminism, gender, transgender, human rights and opportunities of people. The article contains an analysis of gender discrimination and violence and defines ways of overcoming them. The study focuses on the legal aspects of equal rights and opportunities in both international legal acts and Ukrainian legislation. The paper studied how a gender approach in politics, economics and social spheres was being developed. Measures taken to ensure the equal distribution of family responsibilities, ensuring a reduction in the gender pay gap, were analyzed. The main areas of gender equality guaranteed by international and domestic law were identified as follows: equal access to management positions, access to labor market participation, elimination of occupational segregation, violence and discrimination based on gender, unpaid time off, etc. The priorities of the state gender policy for the last 5 years were investigated.

Koncepcja dzielnej ofiary a obszary kulturowo-prawnej dyskryminacji instytucjonalnej kobiet w Polsce

Institutional discrimination against women in Poland is a social problem that persists despite constitutional guarantees of gender equality and legislation providing for compensatory measures. The article analyzes the possibility of using M. Marody’s concept of the “brave victim” as a means of designing compensatory actions in legislation and enforcement that will help eliminate institutional discrimination. Institutional discrimination is defined in legal doctrine as discrimination that occurs at the level of a given institution, organization, or even society as a whole.The article also analyzes cultural and social factors that condition or contribute to the deepening of legal and social inequality for women. The article identifies areas of institutional discrimination in Poland, including: the labor market, parental rights, social rights, access to political functions, and increasing women’s participation in public life.The analysis of national legal regulations and regulations implemented from EU law indicates the heterogeneity of protection against discrimination. The article proposes conditions and principles for the application of special legal solutions that establish anti-discrimination standards applicable in the current social conditions in Poland.The concept of the “brave victim” is a social fact that the legislator should take into account when designing policy law to avoid social tensions and develop effective legal solutions to counter discrimination.