The Experts below are selected from a list of 24432 Experts worldwide ranked by ideXlab platform
Letlhogonolo Matee - One of the best experts on this subject based on the ideXlab platform.
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public servants right to strike in lesotho botswana and south africa a comparative study
Potchefstroom Electronic Law Journal, 2015Co-Authors: Tamara Cohen, Letlhogonolo MateeAbstract:Restrictions on the rights of public officers to strike are permitted by the Constitutions of Lesotho, Botswana and South Africa, where such limitations are reasonable, necessary and justifiable in a democratic society. The limitation of this right in the context of public servants is endorsed by the ILO in the Freedom of Association Digest of Decisions and Principles which holds that "[t]he right to strike can be restricted or even prohibited in the public service or in essential services in so far as a strike there could cause serious hardship to the national community and provided that these limitations are accompanied by certain compensatory guarantees".1 Public officers in Lesotho are deprived of the right to join trade unions or to strike, without exception or justification. Furthermore in Lesotho no dispute resolution mechanism exists to effectively facilitate the final resolution of disputes of interest in the public sector. This paper considers whether the limitations imposed on the Freedom and right to strike of public officers in Lesotho are in breach of international obligations and are reasonable and justifiable in a free and democratic society committed to the rule of law. In so doing a comparative analysis of the jurisdictions of South Africa and Botswana is undertaken. It concludes that Lesotho is in breach of its obligations as a member state of the ILO and its constitutional commitment to Freedom of Association and needs to be urgently addressed. KEYWORDS : Freedom of Association; right to strike; public officers; Lesotho; comparative analysis; Botswana; South Africa
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public servants right to strike in lesotho botswana and south africa a comparative study
Social Science Research Network, 2014Co-Authors: Tamara Cohen, Letlhogonolo MateeAbstract:Restrictions on the rights of public officers to strike are permitted by the Constitutions of Lesotho, Botswana and South Africa, where such limitations are reasonable, necessary and justifiable in a democratic society. The limitation of this right in the context of public servants is endorsed by the ILO in the Freedom of Association Digest of Decisions and Principles which holds that "[t]he right to strike can be restricted or even prohibited in the public service or in essential services in so far as a strike there could cause serious hardship to the national community and provided that these limitations are accompanied by certain compensatory guarantees." Public officers in Lesotho are deprived of the right to join trade unions or to strike, without exception or justification. Furthermore in Lesotho no dispute resolution mechanism exists to effectively facilitate the final resolution of disputes of interest in the public sector. This paper considers whether the limitations imposed on the Freedom and right to strike of public officers in Lesotho are in breach of international obligations and are reasonable and justifiable in a free and democratic society committed to the rule of law. In so doing a comparative analysis of the jurisdictions of South Africa and Botswana is undertaken. It concludes that Lesotho is in breach of its obligations as a member state of the ILO and its constitutional commitment to Freedom of Association and needs to be urgently addressed.
Jens Schierbeck - One of the best experts on this subject based on the ideXlab platform.
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characterisation of social impacts in lca part 2 implementation in six company case studies
International Journal of Life Cycle Assessment, 2010Co-Authors: Louise Camilla Dreyer, Michael Zwicky Hauschild, Jens SchierbeckAbstract:Background, aim and scope A characterisation model based on multi-criteria indicators has been developed for each of four impact categories representing the labour rights according to the conventions of the International Labour Organisation (ILO) covering: forced labour, discrimination, restrictions of Freedom of Association and collective bargaining and child labour (Dreyer et al., Int J Life Cycle Assess, 2010a, in press). These impact categories are considered by the authors to be among the obligatory impact categories in a Social LCA. The characterisation models combine information about the way a company manages its behaviour towards some of its important stakeholders, its employees, with information about the geographical location and branch of industry of the company and the risk of violations of these workers' rights inherent in the setting of the company. The result is an indicator score which for each impact category represents the risk that violations occur in the company. In order to test the feasibility and relevance of the developed methodology, it is tested on real cases.
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characterisation of social impacts in lca
International Journal of Life Cycle Assessment, 2010Co-Authors: Louise Camilla Dreyer, Michael Zwicky Hauschild, Jens SchierbeckAbstract:Background, aim, and scope The authors have suggested earlier a framework for life cycle impact assessment to form the modelling basis of social LCA. In this framework, the fundamental labour rights were pointed out as obligatory issues to be addressed, and protection and promotion of human dignity and well-being as the ultimate goal and area of protection of social LCA. The intended main application of this framework for social LCA was to support management decisions in companies who wish to conduct business in a socially responsible manner, by providing information about the potential social impacts on people caused by the activities in the life cycle of a product. Environmental LCA normally uses quantitative and comparable indicators to provide a simple representation of the environmental impacts from the product lifecycle. This poses a challenge to the social LCA framework because due to their complexity, many social impacts are difficult to capture in a meaningful way using traditional quantitative single-criterion indicators. A salient example is the violation of fundamental labour rights (child labour, discrimination, Freedom of Association, and right to organise and collective bargaining, forced labour). Furthermore, actual violations of these rights somewhere in the product chain are very difficult to substantiate and hence difficult to measure directly.
Tamara Cohen - One of the best experts on this subject based on the ideXlab platform.
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public servants right to strike in lesotho botswana and south africa a comparative study
Potchefstroom Electronic Law Journal, 2015Co-Authors: Tamara Cohen, Letlhogonolo MateeAbstract:Restrictions on the rights of public officers to strike are permitted by the Constitutions of Lesotho, Botswana and South Africa, where such limitations are reasonable, necessary and justifiable in a democratic society. The limitation of this right in the context of public servants is endorsed by the ILO in the Freedom of Association Digest of Decisions and Principles which holds that "[t]he right to strike can be restricted or even prohibited in the public service or in essential services in so far as a strike there could cause serious hardship to the national community and provided that these limitations are accompanied by certain compensatory guarantees".1 Public officers in Lesotho are deprived of the right to join trade unions or to strike, without exception or justification. Furthermore in Lesotho no dispute resolution mechanism exists to effectively facilitate the final resolution of disputes of interest in the public sector. This paper considers whether the limitations imposed on the Freedom and right to strike of public officers in Lesotho are in breach of international obligations and are reasonable and justifiable in a free and democratic society committed to the rule of law. In so doing a comparative analysis of the jurisdictions of South Africa and Botswana is undertaken. It concludes that Lesotho is in breach of its obligations as a member state of the ILO and its constitutional commitment to Freedom of Association and needs to be urgently addressed. KEYWORDS : Freedom of Association; right to strike; public officers; Lesotho; comparative analysis; Botswana; South Africa
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public servants right to strike in lesotho botswana and south africa a comparative study
Social Science Research Network, 2014Co-Authors: Tamara Cohen, Letlhogonolo MateeAbstract:Restrictions on the rights of public officers to strike are permitted by the Constitutions of Lesotho, Botswana and South Africa, where such limitations are reasonable, necessary and justifiable in a democratic society. The limitation of this right in the context of public servants is endorsed by the ILO in the Freedom of Association Digest of Decisions and Principles which holds that "[t]he right to strike can be restricted or even prohibited in the public service or in essential services in so far as a strike there could cause serious hardship to the national community and provided that these limitations are accompanied by certain compensatory guarantees." Public officers in Lesotho are deprived of the right to join trade unions or to strike, without exception or justification. Furthermore in Lesotho no dispute resolution mechanism exists to effectively facilitate the final resolution of disputes of interest in the public sector. This paper considers whether the limitations imposed on the Freedom and right to strike of public officers in Lesotho are in breach of international obligations and are reasonable and justifiable in a free and democratic society committed to the rule of law. In so doing a comparative analysis of the jurisdictions of South Africa and Botswana is undertaken. It concludes that Lesotho is in breach of its obligations as a member state of the ILO and its constitutional commitment to Freedom of Association and needs to be urgently addressed.
James J Brudney - One of the best experts on this subject based on the ideXlab platform.
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the right to strike as customary international law
Social Science Research Network, 2020Co-Authors: James J BrudneyAbstract:Despite a dramatic recent resurgence of strike activity in the United States, judges and legal scholars have had a difficult time establishing that the right to strike, which exists at a statutory level with substantial qualifications, should receive constitutional recognition. This Article pursues a different path. Using international labor and human rights doctrine, the Article examines the right to strike as an integral element of Freedom of Association among workers, and as such a right that has achieved the status of customary international law (CIL). It then explores possible ways to incorporate such an international right in the U.S. context, recognizing certain jurisdictional and remedial challenges. Although the current Court is reluctant to accept international human rights law, the right to strike as CIL remains important for a number of reasons. Arguments stemming from the right to strike under international law have ongoing resonance beyond U.S. borders, as the right continues to be developed and debated on the global stage. In addition, the right may open doors to litigation for public employees in states that are more hospitable to recognizing CIL than the current majority of justices. Finally, serious discussion of the right may have immediate utility for American workers seeking a persuasive language in which to justify their growing interest in strike activities.
Louise Camilla Dreyer - One of the best experts on this subject based on the ideXlab platform.
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characterisation of social impacts in lca part 2 implementation in six company case studies
International Journal of Life Cycle Assessment, 2010Co-Authors: Louise Camilla Dreyer, Michael Zwicky Hauschild, Jens SchierbeckAbstract:Background, aim and scope A characterisation model based on multi-criteria indicators has been developed for each of four impact categories representing the labour rights according to the conventions of the International Labour Organisation (ILO) covering: forced labour, discrimination, restrictions of Freedom of Association and collective bargaining and child labour (Dreyer et al., Int J Life Cycle Assess, 2010a, in press). These impact categories are considered by the authors to be among the obligatory impact categories in a Social LCA. The characterisation models combine information about the way a company manages its behaviour towards some of its important stakeholders, its employees, with information about the geographical location and branch of industry of the company and the risk of violations of these workers' rights inherent in the setting of the company. The result is an indicator score which for each impact category represents the risk that violations occur in the company. In order to test the feasibility and relevance of the developed methodology, it is tested on real cases.
-
characterisation of social impacts in lca
International Journal of Life Cycle Assessment, 2010Co-Authors: Louise Camilla Dreyer, Michael Zwicky Hauschild, Jens SchierbeckAbstract:Background, aim, and scope The authors have suggested earlier a framework for life cycle impact assessment to form the modelling basis of social LCA. In this framework, the fundamental labour rights were pointed out as obligatory issues to be addressed, and protection and promotion of human dignity and well-being as the ultimate goal and area of protection of social LCA. The intended main application of this framework for social LCA was to support management decisions in companies who wish to conduct business in a socially responsible manner, by providing information about the potential social impacts on people caused by the activities in the life cycle of a product. Environmental LCA normally uses quantitative and comparable indicators to provide a simple representation of the environmental impacts from the product lifecycle. This poses a challenge to the social LCA framework because due to their complexity, many social impacts are difficult to capture in a meaningful way using traditional quantitative single-criterion indicators. A salient example is the violation of fundamental labour rights (child labour, discrimination, Freedom of Association, and right to organise and collective bargaining, forced labour). Furthermore, actual violations of these rights somewhere in the product chain are very difficult to substantiate and hence difficult to measure directly.
