Transcript MAX WEBER (21 April 1864 – 14 June 1920)

JÁN KIMÁK
LEGAL CONCEPT
OF EQUALITY
IN
INTERNATIONAL & NATIONAL LAW
WHAT IS SOCIAL EQUALITY?
-
- is a social state of affairs in which all people within a specific
society or isolated group have the same status in a certain
respect
- includes equal rights under the law, such as security, voting
rights, freedom of speech and assembly, the extent of property
rights, and equal access to social goods and services, etc.
- requires the absence of legally enforced social class or caste
boundaries and the absence of unjustified discrimination
- refers to social, rather than economic, or income equality
INTERNATIONAL
LAW
UNIVERSAL DECLARATION OF HUMAN RIGHTS
- adopted by the United Nations General Assembly on the 10
December 1948 in Paris
- 30 Articles, part of The International Bill of Human Rights.
- Article 1 - All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
- Article 2 - Everyone is entitled to all the rights and freedoms set
forth in this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
- Article 7 - All are equal before the law and are entitled without any
discrimination to equal protection against any discrimination in
violation of this Declaration and against any incitement to such
discrimination.
- Article 10 - Everyone is entitled in full equality to a fair, and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any criminal charge
against him.
- Article 16 - Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to found a
family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
- Article 23 - Everyone, without any discrimination, has the right to
equal pay for equal work.
CONVENTION ON ELIMINIATION OF
DISCRIMINATION AGAINST WOMEN
- an international convention adopted in 1979 by the United Nations
General Assembly
- „Any distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.“
- States are required to enshrine gender equality into their domestic
legislation, repeal all discriminatory provisions in their laws, and
enact new provisions to guard against discrimination against women
COUNCIL DIRECTIVE 2000/43/EC
- implemented the principle of equal treatment between persons
irrespective of racial or ethnic origin
- the principle of equal treatment shall mean that there shall be no
direct or indirect discrimination based on racial or ethnic origin
- (a) direct discrimination shall be taken to occur where one person is
treated less favourably than another is, has been or would be treated
in a comparable situation on grounds of racial or ethnic origin
- (b) indirect discrimination shall be taken to occur where an
apparently neutral provision, criterion or practice would put persons
of a racial or ethnic origin at a particular disadvantage compared
with other persons
COUNCIL DIRECTIVE 2000/78/EC
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- established a general framework for equal treatment in employment
and occupation
- the purpose: to lay down a general framework for combating
discrimination on the grounds of religion or belief, disability, age or
sexual orientation as regards employment and occupation
- shall apply to all persons in relation to:
(a) conditions for access to employment, to self-employment or to
occupation
(b) access to all types and to all levels of vocational guidance,
vocational training, advanced vocational training and retraining
(c) employment and working conditions, including dismissals and
pay;
(d) membership of, and involvement in, an organisation of workers or
employers
OTHER INTERNATIONAL DOCUMENTS
- Covenant on Civil and Political Rights
- Optional Protocol to the Covenant on Civil and
Political Rights
- Covenant on Economic, Social, and Cultural Rights
- The Geneva Conventions
- Charter of the United Nations
- Convention on the Elimination of All Forms of Racial
Discrimination
- and more others
NATIONAL
LAW
(SLOVAK REPUBLIC)
ANTI-DISCRIMINATION ACT
- Act No. 365/2004 of 20 May 2004 on equal treatment in
certain areas and protection against discrimination, amending
and supplementing certain other laws
- addresses discrimination and brings forward the principle of
equal treatment. Equal treatment must be facilitated in
recruitment procedures, employment relations, work
conditions, promotions and wages, access to vocational
training and participation in professional groups and
organisations
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It follows these directives of the European Union:
- Council Directive 2000/43/EC of 29 June 2000 implementing the
principle of equal treatment between persons irrespective of racial or
ethnic origin,
- Council Directive 2000/78/EC of 27 November 2000 establishing a
general framework for equal treatment in employment and
occupation,
- Council Directive 96/97/EC of 20 December 1996 amending
Directive 86/378/EEC on the implementation of the principle of
equal treatment for men and women in occupational social security
schemes.
- defines direct and indirect discrimination in section 2, prohibits
discrimination in education, social protection, healthcare,
employment, etc. In particular, section 5 provides for equal treatment
with regard to social security and sections 6 and 7 deal with equal
treatment in employment.
EMPLOYMENT DISCRIMINATION
- prohibited by the Constitution of the Slovak Republic (Act No.
460/1992 Coll.) as well as by the Labour Code (Act No.
311/2001 Coll.) and the Anti-Discrimination Act (Act No.
365/2004 Coll.)
- most discussed discrimination among employment ones –
age discrimination
- Slovak legal rules do not provide a more detailed definition of
age discrimination
- The Act allows employers a different treatment of age
grounds, but only if there is an objective reason following a
legitimate aim
THE SLOVAK NATIONAL CENTRE
FOR HUMAN RIGHTS
- main institution with the responsibility and powers to handle
discrimination complaints in the Slovak republic
- became specialised equality body in 2004
- the Centre plays the role of a national specialised body
combating all forms of discrimination and covering all grounds
of discrimination with compliance to relevant articles of EU
antidiscrimination directives
- all grounds covered by the EU discrimination directives;
nationality, marital or family status, colour, language, political
affiliation or other conviction, national or social origin, property,
lineage or any other status.
“THE ONLY DIFFERENCE BETWEEN MAN
AND MAN ALL THE WORLD OVER IS ONE OF
DEGREE, AND NOT OF KIND, EVEN AS
THERE IS BETWEEN TREES OF THE SAME
SPECIES.
WHERE IN IS THE CAUSE FOR ANGER, ENVY
OR DISCRIMINATION?”
(MAHATMA GANDHI)
THANKS FOR
YOUR ATTENTION!