Principle Of Non-discrimination Research Articles

UN Convention on the Rights of the Child, Article 2 and Discrimination on the Basis of Childhood

Abstract The crc as an instrument calls attention to children as a group. Yet paradoxically it has not resulted in explicit consideration of discrimination against children on the basis of childhood (i.e. detrimental treatment for being young/under 18) in the same way that has happened for other groups like women and ethnic minorities in instruments drafted specifically for their rights. Children are more likely to suffer poverty and violence than adults, and under-18s are largely excluded from national legislation prohibiting unfair discrimination. In this article the jurisprudence of the Committee on the Rights of the Child is examined and it is established that even though child-specific discriminatory practices such as corporal punishment are criticised by the Committee, they are seldom labelled ‘discrimination’ as such. The Committee reserves consideration of Article 2, which enshrines the principle of non-discrimination, for traditionally disadvantaged groups of children such as girls and ethnic minorities. It is concluded that Article 2 has great potential for drawing attention to detrimental treatment for being young/under 18, but that the phenomenon must be more explicitly referenced with greater frequency in law, practice, and scholarship.

دور الاتفاقيات الدولية في تعزيز مفهوم المواطنة

Since the inception of the first human societies until today, you will not find in societies what all of its members can converge in ideas, beliefs and orientations. This difference is not a source of weakness for any of them. These societies can maintain the unity of society and contribute to its development and growth and thus its advancement. This rule lies in those rules organizing the movement of this society, which contributed greatly to the consolidation of the idea of ​​integrating individuals into the societies to which they belong. At the end, every individual in society feels that he is a building block in building a great community. International conventions play a major role in strengthening the concept of citizenship and in defining the close relationship between the rule of non-discrimination on the basis of sex, color, nationality, religion or sect and the concept of citizenship, as the latter is a regulation of the principle of non-discrimination and equality between all individuals. Therefore, no matter how different the members of the same society may be, it must collide with the idea of citizenship, which restores the individuals' belonging to the society in which they live and thus applies to each of them what applies to everyone.

Non-Discrimination and special protection for migrants and refugees

In the Americas, the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR) have established that the principle of equality and non-discrimination requires States to both ensure that migrants are not discriminated against on any of the protected grounds of the American Convention on Human Rights, as well as to take specific action to protect certain groups of migrants that are in a situation of vulnerability. Via a comparative quantitative analysis of the immigration and refugee laws, as well as implementing regulations, of 20 Latin American countries, we examine the extent of non-discrimination and special protection provided by the region’s migratory legislation. Our results reveal three main findings. First, more recent immigration and refugee laws tend to be more expansive, which reflects the period of migratory liberalisation in the region. Second, while non-discrimination clauses are more dominant in laws, special protection clauses are primarily present in implementing regulations. This suggests that countries see special protection as a tool to positive discrimination of particularly vulnerable groups. Third, although we identify an overall expansion on protection grounds, countries’ migratory laws mostly reflect traditional categories like: sex/gender; race/ethnicity/colour; nationality; economic/social condition; and religion. Overall, although laudable, the impact of these provisions on reversing structural discrimination from an intersectional approach remains questionable.

The right to social assistance for economically inactive migrating Union citizens: The Court disregards the principle of proportionality and lets the Charter appease the consequences

In a new case on the right to social assistance for inactive migrating Union citizens, the CJEU delivered a judgment in which it confirmed its restrictive interpretation of the relevant primary and secondary Union law. At the same time, however, it invoked the EU Charter to appease the consequences of that. This case note critically analyses the Court’s restrictive application of the principle of non-discrimination of Article 18 TFEU and Article 24 Directive 2004/38/EC. It also comments on the Court’s implicit refusal to apply the principle of non-discrimination of Article 18 TFEU to a migrating Union citizen who has acquired a right of residence in the host country solely on the basis of the national law of that Member State. Further, it examines the role ascribed by the Court in this case to the Charter. The conclusion is that this judgment risks jeopardizing a number of fundamental basic principles of Union law while leaving a number of questions open.

Penguatan Rekognisi Hak-Hak Sipil pada Siswa Sekolah Dasar: Studi Kasus di SDS Muhammadiyah 4 Cawang Jakarta Timur

This study aims to describe the conditions and foster a character of recognition for students of SDS Muhammadiyah 4 Cawang East Jakarta. The research uses the PAR (Participant Action Research) method with validity tests using Pre-Test and Post-Test to foster recognition character for students. Research fosters the character of recognition of learners as subjects by using indicators of self-knowledge, healthy socializing, bullying and gender education then use pre-tests and post tests to determine character growth in learners through these data. The results showed an increase in students regarding the growth of recognition character for strengthening Gender Education and the Principle of non-Discrimination as a form of civil rights in the school environment.

Fiscal Barriers to Trade within the EU Internal Market

The article deals with the EU rules on prohibition of fiscal barriers within the internal market, and the free movement of goods. Prohibition of fiscal barriers which form an obstacle to free movement of goods are regulated by prohibition of customs duties and prohibition of discriminatory taxation. Both these fiscal levies must follow the non-discrimination principle, i.e. the way these levies are applied must respect the principle of prohibition of discrimination based on nationality. It is also important to make difference between the prohibition of customs duties and prohibition of discriminatory taxation as they are subject to different legal regime.

Children at Risk of Statelessness in the Fight against Terrorism

The departure of ‘foreign fighters’ to join terrorist groups in armed conflicts abroad has led many countries to adopt a policy of citizenship deprivation. This paper demonstrates that citizenship deprivation measures do not have the desired effect for national security, while increasing the risk of statelessness for the children of ‘foreign fighters’. Citizenship deprivation laws in Australia, Austria, Belgium, Canada, Denmark, Germany, France, the Netherlands and the UK and the Netherlands are discussed, in order to view them against international obligations. It concludes that current citizenship deprivation measures are mostly problematic regarding the prohibition of arbitrary citizenship deprivation, the principle of non-discrimination and relevant children’s rights.

Pricing regime choices for international airports: A rationale for the non-discrimination principle

This study investigates whether airports should be prohibited from charging differential charges to airlines. Two countries’ (publicly owned) airports and airlines interlink, and passengers travel round-trips. Each country may choose pricing regimes (uniform versus discriminatory charges) and charge levels, sequentially or simultaneously, to maximize local welfare. Surprisingly, we find that each country choosing uniform charges achieves unique equilibrium in the sequential game, in which countries may commit to a particular pricing regime before setting charge levels. However, in the simultaneous game without the commitment effect, each country choosing discriminatory charges achieves the unique equilibrium. The total welfare achieved under the former equilibrium is larger than (equal to) that under the latter for asymmetric (symmetric) airline competition. These findings provide the economic rationale for the prevalent non-discriminatory principles for international airports from a local and global welfare perspective.

Language Rights and Immigrants: Exploring the notion of language- based discrimination

This article reevaluates the international law principle of non-discrimination based on language, and its application to persons belonging to immigrant communities. The article criticizes the dichotomy between tolerance-oriented language rights and promotion-oriented language rights. As an alternative, the article suggests that a substantive approach to equality in the enjoyment of basic human rights could give rise to a duty to accommodate the language of immigrants, when the absence of accommodations results in the denial of human rights.
 

PENERAPAN PRINSIP NATIONAL TREATMENT DALAM KASUS SENGKETA IMPOR DAGING AYAM ANTARA BRASIL DENGAN INDONESIA

The principle of national treatment is the principle of non-discrimination which prohibits discrimination against domestic products and imported products that enter the territory of a country. Brazil considers that Indonesia violates the principle of national treatment by giving different treatment to domestic chicken products and imported chicken products from Brazil. Based on this, the purpose of this paper is to find out how to apply the principle of national treatment in the case of a dispute over the import of chicken meat from Brazil to Indonesia. This research uses normative legal research methods and uses a statutory approach. The legal material in this study uses primary and secondary legal materials and the analysis of legal materials in this study uses the syllogism method with a deductive reasoning pattern. there is a difference in the understanding of similar products between Brazil and Indonesia which is the benchmark in determining violations of the principle of national treatment. Based on this, Indonesia is proven not to have violated the principle of national treatment.

Anna Nilsson, Compulsory Mental Health Interventions and the CRPD: Minding Equality

How should we do mental health law? The answer used to depend on how far one thought the law should regulate the compulsory care of persons with mental disorders.1 Should it embrace ‘legalism’ by tightly proscribing the limits of the compulsory powers? Or should it adopt ‘medicalism’ by maximising the discretion of mental health professionals? English mental health law was famously said to have swung like a pendulum between these two approaches.2 Yet both ultimately share a common assumption that involuntary care of persons with mental disorders is a legitimate exercise for which the law must make provision. In 2006, the United Nations (UN) shifted the debate onto an entirely different plane when it adopted the Convention on the Rights of Persons with Disabilities (CRPD).3 Underpinned by the principles of equality and non-discrimination, the CRPD encompassed a ‘social model’ which recast disability as ‘oppression by social structures and practices’.4 This was a radical departure from the individual or medical model, which had located disability within the individual and justified compulsory interventions to care for it. Persons with disabilities—including those with long-term mental impairments5—were therefore reconceived as rights-holders entitled to legal protection on the same terms as everyone else.6

Treatment of Gender-Nonconforming Learners in Namibian Schools

This paper aimed at establishing the treatment of gender-nonconforming learners in Namibian schools. The provision of education in Namibia is based on the principles of non-discrimination and equal access to quality education for all as stipulated in the Namibian constitution. Even though there is growing evidence on the mistreatment of gender-nonconforming learners in schools world wide, there is a paucity of literature on the treatment of gender-nonconforming learners in the Namibian education context. This paper employed a case study design as a transformative research method informed by the social identity perspective. One hundred and eighty-two teachers were randomly sampled into the study, and one deputy Director of Special Programs and Schools, one deputy Director of Diagnostic, Assessment and Training Services, one regional school counsellor and one inclusive education officer at the National Institute for Educational Development were purposively sampled. The findings revealed that societal, religious, and cultural beliefs in schools were determinants of how gender-nonconforming learners were treated in some schools. A supplementary framework for the implementation of inclusive education policy (SFIIEP) was developed from the findings of this study. It is recommended that the Ministry of Education, Arts and Culture align the SFIIEP to the inclusive education policy implementation to enable open discussion of sex education topics during life skills lessons, creation of supportive learning environments, and establishment of anti-bullying policies with specific measures on curbing homophobic bullying as well as strengthening the psychological support to learners.

Climbing the Wall around EU Citizenship: Has the Time Come to Align Third-Country Nationals with Intra-EU Migrants?

Abstract This article discusses legal migration in the EU, in particular labour migration. It addresses the following question: once migrant workers from non-EU countries have been admitted into the Union, should they be treated like workers from EU countries for purposes of free movement? The EU migration acquis is one of the most politically charged issues covered by the EU Treaties. As EU citizens, nationals of member states enjoy a set of free movement and political rights that can be exercised in other member states in accordance with the principle of non-discrimination on grounds of nationality affirmed in Article 18 TFEU. This principle is arguably not applicable to third-country nationals. Thus, member states are free to accord unequal treatment to third-country nationals as compared to privileged EU immigrants. The pressing question is whether it is desirable to maintain different levels of rights for third-country nationals who have been legally admitted and whose connection to the host member state does not otherwise differ from that of EU citizens who have exercised their mobility rights. To answer that question, this paper examines arguments for and against treating migrant workers from EU countries and non-EU countries equally for purposes of free movement. It will show how these arguments push in different directions depending on whether they concern the political, human, social, cultural or economic impact of such differential treatment. Our analysis strongly suggests that, on balance, there are convincing reasons for aligning the treatment of long-term resident migrant workers from non-EU countries with that of migrant workers from EU member states.

The judicialisation of discrimination in the Indonesian constitutional court

Following the post-Soeharto constitutional reform from 1999 to 2002, the Indonesian Constitutional Court was established with powers, inter alia, to review the constitutionality of national legislation. The constitutional amendments also incorporated a constitutional Bill of Rights, which includes the right to be free from discrimination on any ground and the right to protection against discrimination under Article 28I(2) and the right to equality before the law under Article 28D(1). However, the Constitution does not specify an enumerated list of grounds against which discrimination is prohibited. This article examines a body of constitutional jurisprudence in Indonesia, an Asian civil law country with no formal system of precedent. It seeks to determine the extent to which the Indonesian Constitutional Court has protected the citizens' fundamental rights of equality and against discrimination. Through describing and analysing three court decisions on the principles of equality and non-discrimination, this article argues that the Indonesian Constitutional Court, in its early years of operation, took these principles seriously. Nevertheless, in its later decisions, the Court departed, albeit not explicitly, from its earlier ruling by relying on ‘the belief in One God’ and ‘the religious values consideration’ under Articles 29(1) and 28J of the Constitution to restrict the fundamental rights of equality and non-discrimination. Consequently, the Court has unjustifiably held that discrimination is not prohibited insofar as it is in accord with religious orthodoxy.

Overview of recent cases before the Court of Justice of the European Union (January-march 2022)

In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20) , the Court of Justice was asked to clarify whether a provision under Directive 2014/67 on the proportionality of penalties in the context of posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation excluding domestic workers from unemployment benefits was under scrutiny in light of the principle of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20), the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accommodation’ for workers with disabilities, including trainees, under Article 5 of Directive 2000/78. In Koch Personaldienstleistungen GmbH (C-514/20), the Court determined whether for the purposes of calculating working time and overtime pay, account should be taken only of the hours actually worked or also of the hours from annual paid leave. Continuing on the importance of the right to annual leave, the Court ruled, in Staatssecretaris van Financiën (C-217/20), on the remuneration of annual leave in situations of permanent incapacity of a worker due to illness. In VB (C-262/20), the Court considered the compatibility of Bulgarian law on the duration of night work for civil servants such as firefighters with Directive 2003/88 and the Charter of Fundamental Rights. Finally, in MIUR et Ufficio Scolastico Regionale per la Campania (C-282/19), the Court assessed whether the systematic use of successive fixed-term contracts for Catholic education teachers in Italy could be justified by ‘objective reasons’ within the meaning of Clause 5(1) of the framework agreement.

The UN Global Compacts and the Common European Asylum System: Coherence or Friction?

This paper examines the “protective potential” of the Global Compacts on Refugees and Migrants vis à vis existing commitments to fundamental rights within the European Union (EU). The relationship between the two normative frameworks is scrutinised to establish the extent to which the two might be mutually supportive or contradictory, since this determines the Compacts’ capacity to inform the interpretation of EU fundamental rights within the Common European Asylum System (CEAS). This paper explores this protective potential through three of the Compacts’ key guiding principles: respect for human rights and the rule of law, the principle of non-regression, and the principle of non-discrimination. The Compacts’ commitments to the first two are presented as sites of coherence where the Compacts concretely express pre-existing protections within EU law and provide a blueprint for implementation in the migration sphere. However, the Compacts’ principle of non-discrimination reveals an area of friction with EU primary law. It is argued that the implementation of this principle can address the inherently discriminatory system underpinning EU law. Within the EU, rather than undermining international and national human rights obligations, the Compacts present an opportunity to refine the implementation of existing EU fundamental rights obligations applicable to migrants and refugees.

Treatment of Gender-Nonconforming Learners in Namibian Schools

This paper aimed at establishing the treatment of gender-nonconforming learners in Namibian schools. The provision of education in Namibia is based on the principles of non-discrimination and equal access to quality education for all as stipulated in the Namibian constitution. Even though there is growing evidence on the mistreatment of gender-nonconforming learners in schools world wide, there is a paucity of literature on the treatment of gender-nonconforming learners in the Namibian education context. This paper employed a case study design as a transformative research method informed by the social identity perspective. One hundred and eighty-two teachers were randomly sampled into the study, and one deputy Director of Special Programs and Schools, one deputy Director of Diagnostic, Assessment and Training Services, one regional school counsellor and one inclusive education officer at the National Institute for Educational Development were purposively sampled. The findings revealed that societal, religious, and cultural beliefs in schools were determinants of how gender-nonconforming learners were treated in some schools. A supplementary framework for the implementation of inclusive education policy (SFIIEP) was developed from the findings of this study. It is recommended that the Ministry of Education, Arts and Culture align the SFIIEP to the inclusive education policy implementation to enable open discussion of sex education topics during life skills lessons, creation of supportive learning environments, and establishment of anti-bullying policies with specific measures on curbing homophobic bullying as well as strengthening the psychological support to learners.

Application of the European Union (EU) Non-Preferential Rules of Origin for Goods as a Measure to Extend the Scope of Trade Restrictions

This article analyses the non-preferential rules of origin for internationally traded goods based on European Union (EU) customs law. This issue is rarely examined in scientific research, which has created a serious gap in knowledge. The rules of origin of goods under customs law do not often perform a neutral function in international trade. On the contrary, they often intentionally serve to expand the scope of trade restrictions. This article discusses the general international rules introduced by the World Trade Organization (WTO) Agreement on Rules of Origin. It also analyses the methods and rules of determining the EU non-preferential origin of goods based on two criteria. The first criterion is related to the determination of rules when only one country is involved in the manufacture of the goods. The other relates to the case where two or more countries deal with the manufacture of the goods. In addition, the method of documenting the non-preferential origin of goods is discussed. The role of binding origin information (BOI) in determining the origin of goods is also discussed. The analysis concludes with a reflection on the principle of non-discrimination and equal treatment in legal terms in relation to the non-preferential rules of origin of goods.

The Implementation of General Principles of Convention on The Rights of The Child During Covid-19 Pandemic in The City of Serang

Convention on The Rights of The Child is the most comprehensive international legal instrument of human rights to promote and protect rights of children. In the late 2019, Coronavirus Disease 19 outbreak started. This pandemic then has led to socio-economic impact as a result of preventive and controlling actions. This pandemic has also affected the fulfillment of child’s rights including the rights of children in The City of Serang. This research was aimed at investigating the implementation of general principle of Convention on The Rights of The Child during Covid-19 pandemic in the city of Serang. This study applied normative research method, which is a research discussing legal aspects by studying literature sources on the applied regulations. The result of the study shows that the implementation of general principle of Convention on The Rights of The Child, consisting of the principle of non-discrimination, the best interest of the child, the right to life, survival and development, and the right to be heard, went well along with the establishment of Child Social Welfare Institute to serve children with special needs (LKSA), Integrated Service Centre for the Empowerment of Women and Children (P2TP2A) to receive complaints on the violation of children’s rights, Serang’s Children Forum as a media where children of Serang can participate. The implementation of the right to survival was not as good because Working group (Pokja) for adverse effect following immunization (KIPI) special for children has not effectively implemented.

Collaboration Principles between Telecommunication Operators and Over-The-Top (OTT) Platform Providers in the Context of the Indonesian Job Creation Regulation

As anticipated, the existence of telecommunication regulations has become the focus of public attention as it can provide various protections. Further, the Indonesian Job Creation Law has provided new implications for the telecommunications operators in the form of Government support. Based on the principles of fairness, impartiality and non-discrimination, as well as maintaining service quality, it is expected that the telecommunications operator system in Indonesia will be able to develop and provide the best facilities in keeping with community needs. This has also opened up opportunities for the implementation of a new pattern of cooperation with the Over-The-Top (OTT) service that has been growing in popularity. This study applies a normative research method with online data collection techniques and seeks to produce an analysis, socialization and education with regards to the emergence of telecommunications operations principles, as well as the implementation of these principles in the Job Creation Law and its Implementing Regulations.