_Employment and Employee Rights_ addresses the issue of rights in the workplace. Although much of the literature in this field focuses on employee rights, this volume considers the issue from the perspective of both employees and employers. Considers the rights of both employees and employers. Discusses the moral and legal landscape and traditional assumptions about right in employment. Investigates arguments for guaranteeing rights, particularly for employees, which are derived from relational, developmental, and economic bases. Explores new (...) dimensions of employment including a model that incorporates growing workplace diversity, builds upon our understanding of the legal landscape, and expands upon our justifications for recognizing and protecting rights. (shrink)

This study assesses the extent to which job application forms violate the New Zealand Human Rights Act. The sample for the study includes 229 job application forms, collected from a variety of large and small, public- and private-sector organizations that together employ approximately 200,000 workers. Two hundred and four or 88% of the job application forms contain at least one violation of the Act. One hundred and sixty five or 72% contain two or more and 140 or 61% contain (...) three or more violations. The most common violations concern age, gender, nationality, and disability. The least common concern political opinion, ethical belief, religious belief, and sexual orientation. Despite widespread violations, many forms do have non-discriminatory questions that yield the same kind of useful information as discriminatory questions. Employers could incorporate these into their job application forms to bring themselves into compliance with the law. The same lessons also generally apply to North American employers, given the high degree of comparability between American, Canadian, and New Zealand anti-discrimination laws. (shrink)

Employment and Employee Rights addresses the issue of rights in the workplace. Although much of the literature in this field focuses on employee rights, this volume considers the issue from the perspective of both employees and employers. Considers the rights of both employees and employers. Discusses the moral and legal landscape and traditional assumptions about right in employment. Investigates arguments for guaranteeing rights, particularly for employees, which are derived from relational, developmental, and economic bases. Explores (...) new dimensions of employment including a model that incorporates growing workplace diversity, builds upon our understanding of the legal landscape, and expands upon our justifications for recognizing and protecting rights. (shrink)

Although the employment situation of disabled people has widely been identified as in need of improvement, progress in this area remains slow. While some progress has been made in including the physically or sensory disabled in the workplace, other types of disability have been largely neglected. This applies particularly to disabled workers in atypical employment, such as those whose workplace is the Digital Economy. In this article, we discuss the case of disabled app developers as a significant example of how (...) the current regulatory framework fails to be inclusive in its attempts to protect the rights of disabled Digital Economy workers. We identify two problems that are at the heart of this: first, a continuing failure to collect relevant and comprehensive data on disability, and second, a lack of accountability towards disabled workers in atypical employment. Consequently, we call for better data collection and argue for urgent policy changes to close the existing accountability gap. (shrink)

The present paper argues that a right to work, defined as social and legal guarantees to fair conditions of employment, should be an essential part of a democratic state with market arrangements. This argument proceeds along the following lines. First, I reconstruct an account of rights that defends the “correlativity” thesis of rights and duties. The basic idea is that a social member’s legitimate demand to something of value, such as gainful employment, implies duties on the part of (...) others to respect and fulfill it. These duties include the following with regard to that demand: avoiding actions that cause the harm, protecting it against standard threats, and otherwise providing aid in case it is deprived. Second, I sketch an outline of what a right to work will entail in terms of the correlative duties just described. This means that respect and fulfillment of the demand will require both social members and the democratic state alike to guarantee fair conditions of employment: first, by forbearing from actions that deprive members of access to work; and second, by protecting members against threats of deprivation and aiding them when they are so deprived. Third, I answer some ethical and empirical objections to the idea of a right to work: that it violates the legal rights of owners and employers, fails to impart self-respect, lacks economic efficiency, and erodes human capital by undermining competitive incentives. Finally, I make some concluding observations that a democratic right to work so conceived is ethically and economically superior to alternative arrangements that neither respect nor fulfill these correlative duties to avoid harm, protect against threats, and provide aid in cases of deprivation. (shrink)

This article challenges Kieran Oberman’s derivation of a right to immigrate from the right to internal movement, residence, and employment. His argument depends on a cantilever strategy, which finds it illogical to recognize one right without recognizing an analogous second right. This differs from a direct argument, which derives a right directly from an essential human interest, and an instrumental argument, which identifies one right as a means to protecting another right. The strength of a cantilever argument depends on the (...) direct or instrumental foundations of the initial right and the aptness of the analogy between it and the new right that one seeks to establish. Oberman’s argument fails on both accounts. First, his defense of the initial right to internal movement, residence, and employment, although portrayed as a direct argument, actually rests on inapt cantilever analogies with other rights, such as freedom of speech or religion. Second, the overall cantilever argument for deriving the right to immigrate fails, because immigration across fiscally separate states is not analogous to movement, residence, and employment within a single, fiscally unified state. Instead, a right to travel and visit is the proper outcome of Oberman’s argument. (shrink)

Algorithmic decision-making based on profiling may significantly affect people’s destinies. As a rule, however, explanations for such decisions are lacking. What are the chances for a “right to explanation” to be realized soon? After an exploration of the regulatory efforts that are currently pushing for such a right it is concluded that, at the moment, the GDPR stands out as the main force to be reckoned with. In cases of profiling, data subjects are granted the right to receive meaningful information (...) about the functionality of the system in use; for fully automated profiling decisions even an explanation has to be given. However, the trade secrets and intellectual property rights (IPRs) involved must be respected as well. These conflicting rights must be balanced against each other; what will be the outcome? Looking back to 1995, when a similar kind of balancing had been decreed in Europe concerning the right of access (DPD), Wachter et al. (2017) find that according to judicial opinion only generalities of the algorithm had to be disclosed, not specific details. This hardly augurs well for a future right of access let alone to explanation. Thereupon the landscape of IPRs for machine learning (ML) is analysed. Spurred by new USPTO guidelines that clarify when inventions are eligible to be patented, the number of patent applications in the US related to ML in general, and to “predictive analytics” in particular, has soared since 2010—and Europe has followed. I conjecture that in such a climate of intensified protection of intellectual property, companies may legitimately claim that the more their application combines several ML assets that, in addition, are useful in multiple sectors, the more value is at stake when confronted with a call for explanation by data subjects. Consequently, the right to explanation may be severely crippled. (shrink)

This Article explores how managerial prerogative shapes disputes over employment classification and reveals a neglected but prominent feature in legal arguments about platform worker rights—the disputed relevance of a platform’s intellectual property rights. In classification disputes, instead of denying that it has a right to control how others perform services for it, the company often concedes its employer-like authority but offers an alternative rationale: managerial prerogative. The company argues, and judges often agree, that its labor control is (...) not the exercise of employer authority but instead reflects a prerogative of enterprise ownership, like a right to protect property and determine product lines. Thus, managerial prerogative both explains labor control and exempts that control from the statutory duties that would otherwise attach under the legal tests. Platform companies appear to have taken notice of such cases and designed their work relationships around property-based rationales. For instance, Uber uses a software “license” in which drivers agree to Uber’s authority as a condition for accessing the app. The license depicts the terms upon which drivers must affirmatively cooperate with Uber to produce transportation as simply the negative duties not to interfere with Uber’s intellectual property. The Article concludes that we must reject appeals to managerial prerogative in employment classification disputes. To assume that a property-based rationale for labor control is inconsistent with employment is to misunderstand the legal basis of employment and the purpose of statutory labor law. The appeals also rely on dubious economic assumptions and conflate property rights with agreements about the use of property. (shrink)

Abstract:During recent years, the principle and practice of employment-at-will have been under attack. While progress has been made in eroding the practice, the principle still governs the philosophical assumptions underlying employment practices in the United States, and, indeed, EAW has been promulgated as one of the ways to address economic ills in other countries. This paper will briefly review the major critiques of EAW. Given the failure of these arguments to erode the underpinnings of EAW, we shall suggest new avenues (...) for approaching employment issues to achieve the desirable goal of employee dignity and respect. (shrink)

This paper argues that a thorough discussion on women’s rights needs to go beyond progress in civil and political rights. Looking comparatively at Iran and Turkey, it posits that the legal and political context of secularism v. theocracy has much less of an impact than expected, and suggests that other variables offer much more compelling explanations. The paper combines feminist constructivist insights with the broader lens of world -system theory to hypothesize that the explanation for women‘s inequality in (...) employment is found at the intersection of endogenous gender constructions heavily influenced by culture and religion, and of an international economic order that contributes to the reproduction of a patriarchal structure in poorer countries, regardless of their political system. (shrink)

This paper seeks to explore why women’s participation in the Jordanian workforce remains comparatively low—despite an increase in the number of employed women across many countries and regions. Focusing on the Jordanian private sector, where the greatest disparities lie, we assess the conformity between the provisions that regulate family-related rights in the workplace within national labour law and international law. From this examination, we conclude that whilst law offers the potential for significant positive change in the Jordanian labour market, (...) and notwithstanding the labour law reforms which took place between 2000 and 2020, the underlying structure of the existing laws is inimical to the goal of women’s full participation. Using a women’s rights perspective, we argue that, instead of piecemeal reform, the labour law sphere must be revised as a whole to better accommodate respect for women’s needs in the workplace. This change must be underpinned by family-friendly legislation, which, as our study shows, is a key factor in alleviating some of the major challenges facing women workers. (shrink)

The possibility of using private military and security companies to bolster the capacity to undertake intervention for human rights purposes has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this article considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, does outsourcing humanitarian intervention to private military and security companies pose some fundamental, deeper problems in this (...) context, such as an abdication of a state's duties? Second, on the other hand, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? For instance, given a state's duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers for humanitarian intervention? (shrink)

Employers often encourage, incentivize, or even require their employees to engage in politics in a variety of ways. For example, employers often encourage employees to vote, press employees to support particular political candidates or policies, require employees to participate in political events, or ask employees to contact elected officials to advocate for the employer’s interests. Such practices are all forms of employer mobilization. This essay considers the threat that employer mobilization poses to employees’ speech rights, specifically (...) employees’ right against compelled speech. I argue that employer mobilization practices are liable to infringe on employees’ right against compelled speech when three conditions are met: (1) the employer asks or encourages employees to express a particular political message that is inconsistent with some employees’ beliefs and values; (2) the employer forces some employees to express the employer’s message; and (3) the employees are not employed in a role or an organization in which expressing or supporting such messages is an essential part of the job. (shrink)

The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on criminal background. (...) The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed. (shrink)

In this book, Maskivker argues that there ought to be a right not to participate in the paid economy in a new way; not by appealing to notions of fairness to competing conceptions of the good, but rather to a contentious (but defensible) normative ideal, namely, self-realization. In so doing, she joins a venerable tradition in ethical thought, initiated by Aristotle and developed in the work of important eighteenth and nineteenth century thinkers including Smith, Hume, and Marx.The book engages on-going (...) debates (in both philosophical and real world political and social policy circles) about the provision of basic income grants, necessary to make the possibility of self-realization real for all. Traditional defenses of unconditional welfare benefits emphasize ideals of state neutrality when they claim that society should not discriminate against preferences for leisure in favor of preferences for work. According to these views, the state ought not to interfere with people’s choices about what constitutes the "good life." In contradistinction, Maskivker offers an innovative argument in defense of a particular ideal of the "good life," namely, life-goals directed at the pursuit of self-realization. However, her understanding of self-realization appeals to modern and contemporary values of freedom and pluralism. In a refreshingly new light, the book strikes a balance between fascinating debates on the conditions of human flourishing on the one hand, and heated discussions about the Welfare State on the other. (shrink)

The employment application form is a major source of information about candidates for many companies. It is also a potential source of infringement by the company upon the privacy of the individual. Although September 1984 saw the passing into law of the Data Protection Act, the U.K. has not been in the forefront of civil rights where employees and personal information are concerned. During an extended interview with members of a personnel department of a major company, several issues relating (...) to privacy issues were revealed and these are discussed in the paper. Although these interviews were carried out before the new law came into effect, they do show that this and many similar organisations may experience problems over compliance. This is particularly likely in the computerisation of personnel records and employees' access to their personal information. (shrink)

This study examines the ethical position and behaviour of multinational mining companies regarding hazardous employment and health and safety of employees in the South African mining industry. Mining companies have long had a reputation for being unethical on health and safety issues. Too often there are occurrences of fatal accidents, which bring the ethical behaviour of multinational mining companies into question. The litmus test for the mining companies is to devise benchmark standards that will reduce accidents tremendously at their place (...) of operations. This study addresses this issue by examining measures and regulations set up to check the occurrences of mining accidents in South Africa. It follows that the remedy needs to be fundamental and thoroughgoing. (shrink)

Human rights defenders (HRDs) fight for various human rights and address concerns related to corruption, employment, the environment, and other issues. They also challenge powerful state and private stakeholders and seek justice for human rights abuses. Therefore, HRDs are increasingly becoming targets of violent attacks and abuse with the aim of silencing them. This article begins by providing a brief definition of HRDs and then proceeds to outline the risks associated with their work in defending human (...) class='Hi'>rights. It also identifies the perpetrators responsible for these violations. The article categorises the types of abuses against HRDs into two main categories, with a particular focus on the widespread tactic of using the legal system to target and silence defenders in Europe, which is also emerging globally. It introduces a taxonomy of various types of violations through the legal system. By categorising the types of violations against HRDs and establishing a taxonomy to aid in identifying these tactics, the article seeks to deepen understanding and awareness of the varied abuses experienced by HRDs, as well as their deviation from human rights standards, providing a valuable resource for academics, practitioners, and defenders. (shrink)

This book addresses two central questions: What does it mean to shift the epistemic centre of human rights thinking and to decolonise global human rights? And, how to study the 'active' conceptual, empirical, epistemic and political life of rights in 'most of the world'? To address these questions, this book introduces and develops the framework of vernacular rights cultures. The study of vernacular rights cultures is an interdisciplinary, conceptual, epistemic, methodological and empirical project. It intervenes (...) in the current impasse of human rights debates to offer a framework through which the complexity and dynamism of rights-based mobilisations might be analytically captured, not simply as those which are mimetic, and engaged in the translation, enactment and localization of 'global human rights', but rather as those which have their specific languages of rights and entitlements grounded in specific political imaginaries, justificatory premises and subjectivities. Through a conceptual and ethnographic tracking of the Urdu/Arabic word haq across subaltern citizen mobilizations in India and Pakistan, the book analyses the deployment of rights in the vernacular in South Asia including the political, epistemic and ethical agency released by this rights politics. By focusing on the claims for rights/haq by marginalised and very poor women including dalit and indigenous women within grassroots mobilisations demanding rights to food, employment, public information/accountability and land rights in rural movements in India and Pakistan, the book documents the specific gendered political imaginaries that inform rights struggles in the subcontinent. (shrink)

ABSTRACT Are there specific moral rights connected with employment? Three putative rights are considered: The right to work, the right of the most competent to be chosen, and the right to equal pay for work of equal value. It is very commonly assumed that we enjoy one or another of these rights. This paper argues that none of these rights exists. After all, what would it be to infringe someone's right to work? And is not employment (...) sometimes in someone's gift? Again, if two people are doing work of equal value, and the contract terms are both generous and individually acceptable to the parties, why need these terms be the same? (shrink)

The right to teach at university is a distinctive philosophical and legal conundrum but a largely unexplored question. Drawing on Humboltdian principles, the legitimacy of the university teacher stems from their continuing engagement in research rather than possession of academic and teaching qualifications alone. This means that the right to teach needs to be understood as a privilege and implies that it is always provisional, requiring an ongoing commitment to research. Yet, massification of higher education systems internationally has led to (...) the disaggregation of the academic profession with teaching-only positions now increasingly common. University teachers employed to both teach and research face a narrowing set of performative expectations with respect to how ‘research-active’ is defined. This paper challenges these contemporary understandings and, drawing on historical evidence, argues that a broader definition of research and scholarship needs to underpin the basis of the right to teach. (shrink)

– This paper aims to deal with an increasing securitization and criminalisation of migration in Europe highlighting ethical implications of the current surveillance-based EU migration governance. It is shown that EU member states employ surveillance regimes to control movements across borders and to restrict migrants' access to their territories. The ethical acceptability of such practices is questioned with a particular focus on the “freedom of movement”., – In order to establish the extent to which the current EU migration governance can (...) be considered ethically justifiable, the article starts out from the right to mobility as coded in the UN Declaration of Human Rights. It is shown that the current migration governance obstructs the rights specified in Articles 13 and 14. At the same time, shortcomings of the UN declaration are discussed and the need for a better protection of the freedom of movement is suggested., – It is established that human rights are such that promote normative agency and a type of rights that trump, for example, states interests in restricting access to their territories do not outweigh individuals rights to seek asylum. In order to make this relation more clear however, the right to mobility should be made symmetric, including both a right to leave and to enter (but not a right to immigrate and settle). An extensive right to freedom of movement is advocated based on the significance of mobility for normative agency. A substantial right to mobility supports the right to seek asylum., – As of yet, ethical implications of surveillance-based border control are under-researched. (shrink)

On some theories of rights, such as the Choice theory, only agents can have moral rights. The realm of right-holders thus excludes several potential candidates, among which are young children, mentally incapacitated persons, and groups since these are thought to lack the required degree of agency. This paper argues that groups can be right-holders. The argument comes in three steps: first, it is argued that full-blown or autonomous agency is not required for the possession of Choice theory (...) class='Hi'>rights, second, that groups can be seen as agents, albeit in a limited sense, and third, that groups can make irreducibly collective choices in spite of their limited agency. The upshot of this argument is that groups can have rights, provided that they are organized around a coherent decision-making procedure; furthermore, this account can be employed to argue that other creatures of limited agency are possible right-holders. (shrink)

In this article, we trace the histories of discourses supporting ‘jobs for natives’ in the UK and Austria using the discourse-historical approach to critical discourse studies. DHA uses four ‘levels of context’ as heuristic devices in critical analysis. In this article, we focus our attention predominantly on the broadest of these, largely eschewing the text internal analysis typical of CDA, in favour of a wider contextual sweep. In this way, we deconstruct and trace the conceptual history of British and Austrian (...) slogans of the extreme right related to issues of un/employment. We argue that slogans such as ‘British Jobs for British workers’ and ‘Austria First’ have been recontextualised into current political rhetoric while carrying historical context-dependent connotations, stemming from pre-World War II colonialism and antisemitism. Hence, we further claim that – although such rhetoric is currently widespread across EU member states – the ideologies and traditions drawn upon are distinct and create specific subtexts to be exploited for political ends; this is part of the discursive strategy of ‘calculated ambivalence’ employed in such rhetoric. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, (...) they are preconditioned on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

Rights to compensation are much invoked and much disputed in recent liberal debates. The disputes are generally about supposed fundamental rights to compensation, whose recognition and legal enactment would transform some lives. For example, special treatment in education or employment are claimed as compensation for past denials of equal opportunity; special consideration for Third World countries in aid and trade terms is claimed as compensation for the injustices of the colonial past. We can make ready sense of the (...) idea of legal rights to compensation. Legal rights to compensation guarantee recompense for damage suffered. The damage for which compensation is given may or may not be produced by wrongdoing; it may also be negligent or accidental or due to natural causes. In law, compensation is not always contingent upon the victim having suffered injury as well as harm, nor upon saddling a wrong-doer with the costs of compensation. Insurance policies standardly cover damage due to accident and neglect. Legal rights to compensation may provide for payments to victims of violent crime, to those whose property is requisitioned or damaged, to victims of libel or malpractice, and even to victims of natural disasters such as floods or earthquakes. Legal rights to compensation are a standard way of dealing with the predicament of those who become victims, whether of others' action, of their own negligence, or of natural catastrophe. None of this shows that there are fundamental rights to compensation. Legal rights to compensation may lack moral grounding: and if they are morally grounded, they may rest not on fundamental rights to compensation, but on background positions in which rights are derivative or inessential. (shrink)

The employment application form is a major source of information about candidates for many companies. It is also a potential source of infringement by the company upon the privacy of the individual. Although September 1984 saw the passing into law of the Data Protection Act, the U.K. has not been in the forefront of civil rights where employees and personal information are concerned. During an extended interview with members of a personnel department of a major company, several issues relating (...) to privacy issues were revealed and these are discussed in the paper. Although these interviews were carried out before the new law came into effect, they do show that this and many similar organisations may experience problems over compliance. This is particularly likely in the computerisation of personnel records and employees' access to their personal information. (shrink)

The discussion of patients' rights in Japan began in 1968 when a surgeon was accused of violating a potential organ donor's right to life by arbitrarily employing brain-based criteria in the determination of his death. A proliferation of documents that articulate and endorse patients' rights occurred in the 1980s and early 1990s. The doctrine of informed consent, which has been a central aspect of the movement toward patients' rights, is increasingly recognized in Japan, although importance rarely has (...) been attached to the element of the patient's "appreciation" of the information disclosed by the physician, much less to the "voluntariness" of the patient's decision. Nevertheless, recent court decisions indicate progress both in the acceptance and the understanding of the doctrine in Japan. (shrink)

: Liberal rights theory can be used either to challenge or to support social hierarchies of power. Focusing on Ronald Dworkin's theory of rights and Catharine MacKinnon's feminist critique of liberalism, I identify a number of problems with the way that liberal theorists conceptualize rights. I argue that rights can be used to chal-lenge oppressive practices and structures only if they are defined and employed with an awareness and critique of social relations of power.

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

Background: The ability to consent promotes children’s access to health services. Healthcare providers should assess and arrive at a clinical judgement about the child’s maturity and mental capacity to obtain valid consent. Research objective: The objective of the study was to determine practices employed by South African healthcare providers to obtain consent for treatment from children. Research design: A qualitative, explorative, descriptive research design was used and the study was contextual. Participants and research context: In all, 24 healthcare providers (professional (...) nurses and medical practitioners) were purposively sampled from a hospital and primary health clinics. Semi-structured interviews were used. Ethical consideration: Ethical approval was obtained from the Institutional Review Board and gatekeepers. Written informed consent was obtained from each participant. Findings: Healthcare providers’ current practices in obtaining consent from children revealed inconsistency in implementation as well as the yardstick used to determine children’s mental capacity. Building trust with children, sharing information and assessment were interlinked in obtaining consent. Discussion: The inconsistent practice has implications for children’s access to healthcare services. Conclusion: Inconsistent practices in the implementation of consent laws have the potential to violate children’s rights to bodily and psychological integrity, access to health services and having their opinions heard and be taken into consideration. Through uncovering the current perceptions and practices and a literature review, guidelines intended for use by the Department of Health could be developed. (shrink)

The practical explication is employed to explain why accidental fulfilment of the conditions for knowledge leads us to withhold the ascription of it, and what is meant by accidental in this context. The inquirer wants her informant to have some detectable property, X, possession of which correlates well with being right about p, and for this correlation to be law‐like, and for the continuation of the correlation in any given instance to be non‐accidental. At this point, a dilemma arises: either (...) X must entail that S is right about p, or X must give a high probability of being right as to p. This property of p, inherent in the explicated concept of knowledge, thus mirrors a feature which, to judge by the discussion of the Gettier problem, the analysed concept has too. (shrink)

In this discussion of Seyla Benhabib’s Claims of Culture, I defend a more pluralist conception of deliberative democracy and a stronger conception of the cosmopolitan content of human rights. I will discuss three main issues: first, problems of incommensurability and deep conflict; second, the role of impartiality and normative constraints embodied in the ‘syntactic’ and ‘semantic’ interpretations of the deliberative formula ‘reasons that all could accept’; and third, the differences in our conceptions of cosmopolitanism and the status of rightless (...) persons, particularly as illustrated through the example of the European Union. In the first two cases, I argue that the democratic minimum required for the resolution of second-order conflicts without domination demands a weaker interpretation of procedural norms of deliberation; in the case of rightless persons, I argue that the ‘right of hospitality’ that Benhabib employs is not robust enough and that there is more content to the conception of human rights that is applicable to the fate of refugees, asylum seekers, and other stateless persons. (shrink)

This volume presents human rights in action, focussing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, it provides a multidimensional overview of human rights. Beginning with an analysis of the historical and conceptual foundations of human rights, the volume then focusses upon the different mechanisms which may be employed in translating human rights from a promise into a reality. Special emphasis (...) is placed upon the United Nations procedures available to achieve this end. (shrink)

Labor rights are the first to come up for criticism when accounts of human rights are offered in response to philosophical questions about them, and notoriously so Article 24, which talks about `rest and leisure' and `period holidays with pay.' This study first tries to make it plausible why labor rights would appear on the Universal Declaration, and next articulates some philosophical objections to their presence there. The interesting question then is not so much how one could (...) respond to the objections, but to explore what commitments one needs to make to answer our question in a satisfactory manner. To make progress, we can contrast the idea of human rights with conceptions of them. Such conceptions offer answers to a set of philosophical questions about human rights. It would be rather unlikely for any such conception to emerge as the uniquely best philosophical account of human rights since disagreements among different conceptions are complex. What is sensible to ask then is what a conception of human rights would have to be like to count labor rights as human rights, and whether there is a conception of that sort. I offer one conception that I take to be plausible overall, and that does count labor rights as human rights. Or, that is: it does count a right to work as a human right, alas not in the strong interpretation according to which states must create jobs but in the weaker sense that states need to make sure people are not systematically excluded from employment, and are treated in certain ways at their place of work, and it does count a right to leisure as a human right, alas not a right to paid vacations. (shrink)

There is an ongoing debate over the ethical status of policies that give an employer the right to discharge an employee without a good reason or notice (i.e., employment at-will policies). This article moves beyond the question of whether the adoption of such a policy is unethical per se under all circumstances, focusing instead on the following question: Assuming that an at-will policy is not unethical per se in all circumstances, what are the ethical issues associated with an (...) class='Hi'>employer's implementation and maintenance of an employment at-will policy, and how can these issues be addressed? Three primary ethical concerns are identified and discussed, and specific propositions regarding employers' obligations are presented. The article concludes by offering practical guidance intended to assist at-will employers in meeting the identified ethical obligations. (shrink)

The emergence of the European Union citizenship agenda has mainly taken place along the evolution of mobility rights, with the goal of creating a pan-European labor market. Mobility undermines the nationally embedded notion of industrial citizenship. Industrial citizenship protects workers’ rights and secures their participation in national political systems. The Europeanization of labor markets severs the relationship between state, territory and citizen on which industrial citizenship has been built, undermining worker collectivism and access to representation. This is legitimated (...) in terms of building market-citizenship, i.e., enabling mobile workers as market actors. However, the way mobility is regulated in the EU has the purpose and effect of weakening collective labor institutions, which also undermines workers’ ability to act as autonomous market actors. The same factors which undermine the industrial citizenship of mobile workers also prevent them from being effective free market agents: i.e., they can neither negotiate nor enforce individual contracts effectively in the face of systematic employer fraud and wage theft. The “Arendtian dilemma” of the “right to have rights” — a dilemma that derives from the claim that rights depend on the existence of a political community, which until now is the territorially exclusive nation-state, rather than universal personhood — emerges as industrial citizenship is internationalized. By disembeddeding workers from host-country industrial relations systems, EU regulation provides the social context in which workers’ rights become alienable. (shrink)

The claim I want to explore in this paper is simple. In social ontology, Margaret Gilbert, Abe Roth, Michael Bratman, Antonie Meijers, Facundo Alonso and others talk about rights or entitlements against other participants in joint action. I employ several intuition pumps to argue that we have reason to assume that such entitlements or rights can be ascribed even to non-sentient robots that we collaborate with. Importantly, such entitlements are primarily identified in terms of our normative discourse. Justified (...) criticism, for example, presupposes that another person acted wrongly, i.e., was not entitled to this action. Praise is supposed to encourage another person and acknowledge that one did more than one was obligated to. I show that such normative talk serves the same function when cooperating with robots. This, I argue, suggests that they have the same kind of entitlements and duties at least in the context of a joint action. (shrink)

I understand the claim that there is a right to work as the claim that involuntary unemployment is an injustice that requires of justice enforcement institutions to stop it. I argue that in present conditions of high productivity it is more consistent with the liberal tradition to proclaim a right to develop one’s capabilities than a right to work. The steps of my argument are: (1) An important though not the only reason for considering unemployment unjust has been what I (...) call the Promethean idea of society. (2) The Promethean idea is implied by the liberal idea of rights. (3) There are two conceptions of the Promethean idea, the centralist and the autonomous one. (4) Only the latter is acceptable. (5) Involuntary unemployment is unjust even if the dole is decently high. (6) The injustice of unemployment can be stopped only by institutions that enable everyone to use their capabilities in realizing the Promethean idea. (7) One such institution is basic income. (8) As employment is not necessary for survival, we should replace the right to work with a right to develop one’s capabilities. (shrink)