Introduction: This paper examines the recognition of occupational health and safety (OHS) as a fundamental human right and its implications for Nigerian workers. It highlights the need for employers ...and governments to prioritize workers’ safety and reviews the challenges faced by Nigerian employers in providing a safe working environment.
Methods: A critical review of existing literature and secondary sources of information was conducted to explore the meaning of fundamental human rights as they pertain to OHS. The paper investigated the need for recognizing OHS as a fundamental right and the role of governments and employers in fulfilling this right.
Results: The recognition of OHS as a fundamental human right is crucial in protecting workers’ lives and promoting decent work, leading to economic and social benefits. Employers, governments, and international organizations must respect, protect, and fulfill this right for all workers. The adoption of OHS as a fundamental right would encourage governments to introduce legislation promoting a culture of safety and sensitizing businesses to the need to implement policies, procedures, and processes to provide a safe working environment, including standard safety training and adequate resources.
Conclusion: Adopting OHS as a human right is beneficial for the workforce but requires investments from employers to comply. The Ministry of Labor and Employment in Nigeria should ensure that all accidents are reported and recorded to build a useful database. Improving OHS in Nigeria necessitates compliance, training, and access to resources. Accurate data is crucial to develop effective solutions for workplace accidents.
This is a conceptual analytical research paper that discusses the issue of what amounts to unfair discrimination on the basis of sexual orientation in the hotel industry. This can be a very emotional ...issue if it is perceived as essentially a contest between two fundamental human rights, namely the right to freedom of religion on the one hand, and on the other hand, the right of the LGBTI+ community to equality and dignity. By unpacking and analysing the content of the competing fundamental rights in terms of case law and legislation, a better understanding of how these fundamental rights can both be upheld and co-exist in a free and democratic society can be gained. The article thus strives to impart legal knowledge regarding how the law views discrimination based on sexual orientation so that those in the hospitality industry can make policy decisions and draft policies that are not contrary to the law with regard to discrimination based on sexual orientation.
Fundamental rights standards in Europe diverge as a result of differences in legal traditions, constitutional values and historical developments. The European Court of Human Rights therefore faces ...the challenge of having to balance the need for uniform and effective rights protection with respect for diversity. It is often thought that the famous margin of appreciation doctrine is the Court’s main tool in finding this balance. This article shows, however, that the Court’s application of the doctrine has made it into a rather empty rhetorical device. This appears to be different for the Court’s use of incrementalism, which increasingly appears to have replaced the margin of appreciation doctrine as an instrument to reconcile European protection of fundamental rights and national diversity. The article concludes by showing how the Court could further benefit from this strategy of incrementalism, while still maintaining a role for the margin of appreciation doctrine.
Fundamental human rights provisions had continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. In addition, there had been a rise in the activities ...of human right groups in Nigeria in order to ensure the protection of fundamental human rights of all people. Despite all these, women fundamental human rights abuse was on the increase in Nigeria. The case of domestic violence, kidnapping, sexual harassment, women trafficking, killings, denial of the right to Education etc, are common occurrences. These abuses among others are responsible for physical and psychological underdevelopment of women and girl child which in turn affects their input in the development of their nation. It is against this backdrop that this paper examines two abuses of women fundamental human rights: abuse of right to life and education. The paper also discusses the instrumentality of effective use of the Islamic panacea in tackling the abuse of women fundamental human rights in Nigeria. The study relied on primary and secondary sources of information. It concludes by recommending that, for the full observance of human rights, an international control must be set up to supervise enforcement, as well as the education of the women and society in general.
Regarding the vaccination of children, it can be said that there are basically three vaccination policies in the world, one of which is usually used in particular country depending on the national ...legislation. These are the mandatory vaccination policy, mandatory vaccination policy for school entry and recommended vaccination policy. The mandatory vaccination policy and the mandatory vaccination policy for school entry face obstacles consisting of conflicts between fundamental human rights and freedoms. This is, for example, a conflict between the right to health and the right to life on the one hand and the right to protect the inviolability of the person and body integrity or the right to personal freedom, freedom of movement, residence, etc., on the other. Another issue is the right to undisrupted school attendance, based on both compulsory schooling and the right to education. This article looks at different approaches to the vaccination of children in different countries. It provides an illustrative comparison of approaches to vaccination of children in selected countries. It is obvious that the essential problems with organizing and ensuring the vaccination of children are and will be associated with the indicated conflicts of fundamental human rights. It is therefore necessary to search and try to find the optimal policy for undergoing the necessary vaccinations and thereby creating herd immunity, of course for those infectious diseases where this is possible. These efforts are necessary for sufficiently effective protection of individual and public health.
Abstract
Perhaps there are never too many different theories about the organization of society, ideas about the normative framework of life in a political community and suggestions on how to ...institutionalize the political system. Perhaps they go out in public too early. This could also apply to those reflections on society and to those political philosophies that bear the label of utopia. There is no doubt about the importance of such human investigations of what is and what should be. And there is no doubt about the usefulness of constantly imagining what it should be. However, analytical and explanatory caution is required when the word utopia is used to suggest the utopian nature of an idea. In other words, what looks like a utopia can already be presented to us as a provable and tangible fact, only that too many people do not perceive it for too long, and therefore it remains unfulfilled in social practice. Is this really a utopia? On the other hand, what may seem completely understandable, feasible or even self-evident can appear extremely utopian when it comes to the normative approaches to social regulation and the conditions for achieving a “better society.” The deviation of political practice and legal practice from what should be understandable or even self-evident according to the text of the constitution and international law, the findings of jurisprudence, philosophical insights and common sense in political decision-making and in the drafting and implementation of the applicable law is so great that, paradoxically, precisely that which is understandable, feasible or even self-evident appears utopian. And how can utopianism be combined with the realization that so many major and persistent social problems can be solved so easily and quickly - even if only by rethinking the legal system and social realm? How can a human being efficiently oppose neoliberal politics and unbridled capitalist practice, the poor functioning of the rule of law, the low quality of the welfare state, the excessive threat to fundamental human rights and freedoms, the inadequate protection of social rights, the insufficient commitment to the value of solidarity and the inadequate role and weakness of morality in social practice? Can the answers to fundamental social questions and solutions to the greatest problems only be found in a real and literal utopia? I do not believe so. I believe that communitarianism can be a good political alternative. Understood as social liberalism and as a social democracy based on the rule of law, morally founded on social solidarity as a fundamental value. I am convinced that the constitutions of the EU Member States and the EU legal order enable it. A strong and interventionist state is needed to realize the constitutional possibilities of a high-quality welfare state, effectively protected social rights, the realized social function of property and a society based on solidarity. Ideas are needed. Even if they seem so crazy, even if they seem utopian. In these times when the devil has taken the joke away, when people are again protesting massively in the streets, when they protest (unsuccessfully, of course), when it is difficult to know exactly what is happening and why, when more and more people are increasingly confused and frightened, when systemic violence increasingly turns into physical violence, when it is difficult to remain calm and thoughtful, when it is difficult to tame anger and rage..., it is necessary to step out of the existing coordinate system, out of the cube, to form and communicate ideas that seem crazy, utopian... Now, right now, ideas are needed, crazy ideas. We need a utopia. And faith and hope in it. Faith and hope, which will be the driving force of active action, of striving for realization – of a utopia.
Recently, the concept of the ‘European digital legal order’ seems to have gained more importance than the overarching concept of European legal order, of which the former is arguably a modern ...manifestation. The European legal order traditionally entails a set of fundamental human rights, Rule of Law principles and Democratic values as enshrined in the multinational legal order. From maintaining the Rule of Law derive the sustainability of Democratic values, and freedoms under the law enshrined in fundamental human rights. To the extent that the European digital legal order is the manifestation of the European legal order in the modern digital world, the fundamental question of the nature, scope and upholding of fundamental human rights, Rule of Law principles and Democratic values remains. Without disputing the need for digital transformation and its proper regulation, this paper will turn its attention to the current status of fundamental principles in the modern setting of democratic societies.
Artificial Intelligence or Artificial Intelligence Systems are technologies that have and will have a serious impact on the European legal order at large. Without dismissing the value of a human-centered regulatory approach in the field of AI, in this paper we discuss why this may be difficult as digitisation and algorithmisation deepen. This paper reviews the regulatory framework of AI and proposes potential new/renewed/modernised rights that should enhance and/or supplement the current catalogue of fundamental human rights, as contained inter alia in the EU Charter and the ECHR. This paper also argues that regulatory standards regarding AI should be clearer and stronger as well as suggests a new wording of some standards. The particular new rights and/or their new wording will be suggested in the paper.
Following its approval by the European Parliament in April 2022, the Data Governance Act (DGA) introduces regulation for the providers of data intermediation services. The Regulation seeks to empower ...data subjects and ensure the competitiveness of the markets in which data intermediaries operate. After providing the necessary background, this paper aims at offering a first general overview, from a private law standpoint, on both merits and limitations of the regulatory approach on data sharing adopted by the DGA. It outlines questions that need to be addressed in order to verify thatthe Regulation delivers the benefits it promises.
Summary
Mankind has to prepare for a pandemic with respect to medical and practical aspects, but also with respect to ethical issues. There are various ethical guidelines for managing infectious ...disease outbreaks, but they do not apply to the specific aspects of the COVID-19 pandemic, since they were formulated after the different kinds of outbreaks of avian influenza and Ebola. Today we are confronted with completely new issues endangering our fundamental human rights. As COVID-19 is spreading all over the world, we are in a desperate situation to find treatment solutions; however, despite the urgency, scientific rules have to be applied as bad science is unethical since it might be harmful for patients. Fake news and alternative facts might not be easily recognized and are also threatening scientific values. Pandemics might be leading to a meltdown of the health system if no measures are being taken constraining fundamental human rights. Tracking of persons is violating human rights as well if not accepted on a voluntary basis. A failure to have safeguards for times of crisis leads to a scarcity of medicinal products and goods resulting in a nationalistic approach and ignorance of international solidarity. And last but not least selective measures and triage in intensive care have to be taught to young physicians and nursing staff in medical schools in order to be prepared in times of an infectious disease outbreak and scarcity of resources.
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