Social Rights and the Constitutional Moment

Social Rights and the Constitutional Moment
Author: Koldo Casla
Publisher: Bloomsbury Publishing
Total Pages: 263
Release: 2022-06-02
Genre: Law
ISBN: 1509951903

Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution. Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process. Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.

The Balance between Worker Protection and Employer Powers

The Balance between Worker Protection and Employer Powers
Author: Nuno Cerejeira Namora
Publisher: Cambridge Scholars Publishing
Total Pages: 622
Release: 2019-01-17
Genre: Law
ISBN: 1527526097

This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).

Law and Society in Latin America

Law and Society in Latin America
Author: Cesar Garavito
Publisher: Routledge
Total Pages: 306
Release: 2014-09-04
Genre: Law
ISBN: 1136002405

Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 35 (2019) (2 VOLUME SET)

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 35 (2019) (2 VOLUME SET)
Author: Inter-American Commission on Human Rights
Publisher: BRILL
Total Pages: 1597
Release: 2021-04-19
Genre: Law
ISBN: 9004440631

This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights. The Yearbook is partly published as an English-Spanish bilingual edition. Two volume set.

Working on Rights

Working on Rights
Author: Anna Delius
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 383
Release: 2023-11-20
Genre: History
ISBN: 3110768941

This book is the first to connect global labor history and the history of human rights: By focusing on democratic labor oppositions in Spain and Poland between 1960 and 1990, it shows how workers in authoritarian regimes addressed repression and whether they developed a language of rights in the light of a globally dynamic human rights discourse. The study argues that the democratic labor oppositions in Spain and Poland were both variants of emancipatory and democracy-oriented social movements with global interconnections that emerged in the 1960s. It reveals that the demands for free and independent trade unions, which in both countries became a flashpoint in the fight for broader democratic demands, was not always discussed in rights terms, but rather presented as an inevitable necessity. At the same time, these labor movements and their intellectual allies morally delegitimized state repression against workers and thereby employed the concepts of democracy, participation, solidarity, progress and eventually, rights. Integrating the history of two European semi-peripheric societies into a broader narrative, this book is relevant for readers interested in global labor history, human rights history and the history of democratization in Europe in the late twentieth century.

Comparative Constitutional Law in Latin America

Comparative Constitutional Law in Latin America
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
Total Pages: 387
Release: 2017-06-30
Genre: Law
ISBN: 1785369210

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

The Inter-American Court of Human Rights

The Inter-American Court of Human Rights
Author: Laurence Burgorgue-Larsen
Publisher: OUP UK
Total Pages: 948
Release: 2011-04-07
Genre: Law
ISBN: 0199588783

This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.