The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women's political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women's equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

Workplace sexual harassment law can be a tangle for business. This book brings clarity to this confusing area of employment law and blazes a new pathway in the discussions by employing a comprehensive, yet simple and concise approach. The chapters are a self-contained discussion of issues such as retaliation and constructive discharge, merged with substantive topics like "quid pro quo" and hostile environment sexual harassment. Achampong devotes significant attention to landmark developments shaping the law, and provides a holistic approach to managing the risk of liability for sexual harassment. This volume is an ideal reference and text for law and business professors and students, human resource managers, risk management consultants, and attorneys.

Sexual harassment is one of the most problematic issues in the American workplace and one that has captured much media attention following a number of high-profile lawsuits and congressional hearings. This increased awareness, along with several landmark developments such as the availability of damages under the Civil Rights Act of 1991, has led to an astronomical rise in sexual harassment lawsuits. Yet, sexual harassment law is often still misunderstood, to the point that some federal appeals courts have characterized it as chaotic, and have asked for Supreme Court direction. This book fills the need for a comprehensive text that is also concise and simple, in contrast to the voluminous texts that cater primarily to litigating attorneys and tend to be unsuitable for other constituents, such as law and business professors and students, human resource managers, and risk management consultants.

Achampong's is the only work that devotes several chapters to landmark developments such as third-party and same-sex sexual harassment and the only one that goes beyond merely discussing workplace harassment prevention to discussing risk management of liability for sexual harassment. It also discusses esoteric rules that apply to federal sector sexual harassment complainants. The appendices provide guidelines on discrimination; excerpts from the Civil Rights Acts of 1964 and 1991; a discussion of landmark Supreme Court cases; excerpts from the EEOC Compliance Manual; and EEOC policy guidelines on current issues of sexual harassment.

Drawing on biographical interviews collected from individuals with either mobility or visual impairments in France, this book analyzes the reception of disability policies in the fields of education, employment, social rights and accessibility. It demonstrates that the rights associated with disability suffer from major implementation flaws, while shedding light on the very active role of disabled citizens in the realization of their rights.

Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.

Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.

The Universal Declaration of Human Rights (UDHR) was drafted by the UN Commission on Human Rights in the aftermath of the World War II in an attempt to address the wrongs of the past and plan for a better future for all. With contributions from President Jimmy Carter, UNESCO Secretary General Audrey Azoulay and the former Archbishop of Canterbury Rowan Williams, this collection of essays, Contemporary Human Rights Challenges: The Universal Declaration of Human Rights and its Continuing Relevance, by leading international experts offers a timely contemporary view on the UDHR and its continuing relevance to today's issues. Reflecting the structure of the UDHR, the chapters, written by 28 academics, practitioners and activists, bring a contemporary perspective to the original principles proclaimed in the Declaration's 30 Articles. It will be a stimulating accessible read, with real world examples, for anyone involved in thinking about, designing or applying public policy, particularly government officials, politicians, lawyers, journalists and academics and those engaged in promoting social justice. Examined through these universal principles, which have enduring relevance, the authors grapple with some of today's most pressing challenges, some of which, for example equality and gender related rights, would not have been foreseen by the original drafters of the Declaration, who included Eleanor Roosevelt, Rene Cassin and John Humphrey. The essays cover a wide range of topics such as an individual's right to privacy in a digital age, freedom to practise one's religion and the right to redress, and make a compelling and detailed argument for the on-going importance and significance of the Declaration and human rights in our rapidly changing world.

In a world of work that has changed dramatically over the last few years, states see themselves confronted with new actors and conflicting international legal obligations. This book examines the tensions between core labour rights as defined by the International Labour Organisation, and the interests of international economic institutions (e.g. WTO, IMF, World Bank, OECD). It provides an analysis of the legal interactions between international regulations and state policy with regard to potential regulatory conflicts, at both the horizontal and vertical level. The study suggests a model of multilevel consistency as a way of reconciling the highly specialised and fragmented legal systems of core labour rights on the one hand, and trade liberalisation on the other, to form the coherent framework of a consistent legal order. Its detailed analysis and recommendations are designed for both academic readers and practitioners in international organisations and governments.

Persons with disabilities report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention. This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice. It explores the capacity of the law to address intersectional harassment, particularly that faced by women with disabilities, and outlines the barriers to effective legal solutions.

Child labour remains a widespread problem around the world. Over 200 million children can be regarded as child labourers, and about 10 million children are involved in producing either agricultural or manufactured products for export. Franziska Humbert explores the status of child labour in international law. Offering a wide-ranging analysis of the problem, she explores the various UN and ILO instruments and reveals the weaknesses of the current frameworks installed by these bodies to protect children from economic exploitation. After assessing to what extent trade measures such as conditionalities, labelling and trade restrictions and promotional activities can reduce child labour, she suggests an alternative legal framework which takes into account the needs of children.

The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve. International employment law experts provide a comparative study of the contract of employment across three closely related common law jurisdictions: the UK, Australia and New Zealand. Adopting a thematic approach, they analyse the key facets of the common law of employment such as who is an employee, the implied duties of employees and the restraints on employee mobility. Examining the interaction between common law and domestic statutory law and the politics and labour relations systems, this book considers the legal variations for each jurisdiction and its response to new developments in employment. It addresses the capacity of the common law to respond to contemporary developments such as the `gig' economy and the increasingly intrusive surveillance of employees, both at work and in their private lives. Insightful and contemporary, this book will appeal to students and scholars of employment and contract law as well as those studying comparative law more widely. Practitioners involved in employment policy or employment litigation will also benefit from the wealth of up-to-date knowledge on common law trends and developments.

This book will aid understanding and interpretation of the Californian, UK and Australian Modern Slavery Acts, and will provide an in-depth three-way comparative analysis between the three Acts. Modern slavery is a new legal compliance issue, with new legislation enacted in California (Transparency in Supply Chains Act, 2010), the UK (Modern Slavery Act, 2015) and most recently, Australia (Modern Slavery Act, 2018). Such legislation mandates that business of a certain size annually disclose the steps that they are taking to ensure that modern slavery is not occurring in their own operations and supply chains. The legislation applies to businesses wherever incorporated or formed. Key aspects of primary focus will include lessons learned from the California, UK and Australian experience and central arguments on contentious issues, for example: monetary threshold for determining reporting entities, penalties for non-compliance, compliance lists and appointment of an Anti-Slavery Commissioner. The book will also discuss how contentious issues were ultimately resolved and will undertake a comparative analysis of the Californian, UK and Australian Acts. Modern Slavery Legislation will be of interest to academics and students of business and human rights law.

Since the financial crisis of 2007 to 2009 the role of the company in society, especially the role of publicly traded companies, has acquired a political salience that was largely absent in the decades before the crisis. This concern has been reflected in both enhanced reporting requirements and in the latest version of the Corporate Governance and Stewardship Codes applicable to the largest companies. This books analyses these developments in full, as well as the more fundamental proposals for reform of corporate law that have been advanced outside official circles. The book also examines the functions of the five core features of company law-separate legal personality, limited liability, centralized management, shareholder control, and transferability of shares. It finally analyses the legal strategies available for moderating the frictions that these core features nevertheless generate for those providing the necessary inputs for a company's business. Written by one of the field's foremost experts, Paul Davies' Introduction to Company Law provides a comprehensive conceptual introduction to the subject, giving readers a clear framework with which to navigate the intricacies of company law.

The ontology of work and the economics of value underpin the legal institution, with the existence of modern law predicated upon the subject as labourer. In contemporary Europe, labour is more than a mere economic relationship. Indeed, labour occupies a central position in human existence: since the industrial revolution, it has been the principal criterion of reciprocal recognition and of universal mobilization. This multi-disciplinary volume analyses labour and its depictions in their interaction with the latest legal, socio-economic, political and artistic tendencies. Addressing such issues as deregulation, flexibility, de-industrialization, the pervasive enlargement of markets, digitization and virtual relationships, social polarisation and migratory fluxes, this volume engages with the existential role played by labour in our lives at the conjunction of law and the humanities. This book will be of interest to law students, legal philosophers, theoretical philosophers, political philosophers, social and political theorists, labour studies scholars, and literature and film scholars.

Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.

Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

This book studies caste and community dynamics in India and offers a critical view of social mobility from below. Building on the theories of the eminent sociologist M N Srinivas, the essays in this volume reformulate the debate on caste as they document the changing inter-caste dynamics and caste-based violence in contemporary India. The volume showcases the new language of change in caste relations, articulated mostly from the perspective of the marginalised as experiences, differences, contestations, assertions and as citizenship rights. It focusses on the clash between traditional structures of inequality and the ideals of equality and justice in a liberal, democratic India. It also highlights the persistence of caste and endogamy and the interlocking nature of caste, gender and disability, struggles of ethnic groups and informal workers in the market economy, discrimination in the labour market and the dissolution of dissent in the public sphere. With contributions from leading scholars of social change and development in India and abroad, this volume will be useful for scholars and researchers of sociology, social anthropology, minority and subaltern studies, and development studies.

The response of European Union institutions to the Eurocrisis demonstrated their fragile and failing commitment to the role of social policy in advancing European economies and societies. The present volume, exploring the positive scope for such policies, is therefore timely and welcome. While sharply critical of much of what goes on at both EU and several national levels, the authors are constructive in tone and point the way to sustainable alternatives to neoliberalism.' - Colin Crouch, University of Warwick, UK and External Scientific Member, Max Planck Institute for the Study of Societies, Cologne, GermanyHighly valued by its citizens, the European social model is a defining feature of Europe and the European Union yet is under threat from the effects of both globalisation and the aftermath of the financial crisis. The Sustainability of the European Social Model addresses this issue in light of the current crisis that changed the landscape. It examines how social Europe responds to uncertainties that affect its development from a range of different disciplinary perspectives. The book begins by analysing interactions between EU law and national policies from a comparative perspective, highlighting the legal, social and institutional complexities that constrain the development of 'social Europe' It assesses the sustainability of EU law and policies in the areas of pensions and employment policy and then focuses on two crucial areas of EU social policy: the regulations on working time and the provisions of social services of general interest. The expert contributors compare the experiences of a range of Member States (and also bring in external comparison) to explore topics such as ageing, job quality, social protection and employment policies, social dialogue and the relationship between the various methods of European policymaking such as the 'community method' and the Open Method of Co-ordination. The analyses show that sustainability of the European social model will depend heavily on addressing failings in European governance. Insightful and comprehensive, this book is a detailed and timely resource for academic researchers. Its practical, policy-oriented insights into important issues in social and employment policy, as well as into European policymaking itself, will also be of great interest to practitioners and policymakers. Contributors: J.-C. Barbier, I. Begg, F. Colomb, C. Erhel, J. Gautie, B. Gazier, M. Hartlapp, M. Keune, A. Koukiadaki, P. Marginson, N. Ramos Martin, R. Rogowski, T. Sirovatka, E. Sol, M. van der Vos

This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power - and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.

Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enrique Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.

If you have an interest in law and politics, South Africa’s political economy and the processes of policy-making in a parliamentary context, this is an essential read.

The advancement of black South Africans in ownership and management in the private sector is growing steadily. This growth is aided by government scorecard that penalise corporations that fail to include black people in senior positions and management. Some claim that this process will lead to a more fair, less racially biased economy. But will this transform the basic structure of the economy to benefit the people as a whole? Changing The Colour Of Capital unpacks the fundamental character of the South African economy and examines the relationship between the political system and the economy.

Contributors include Trevor Manuel, Rob Davies, Jeremy Cronin, Ben Turok, Philisiwe Buthelezi, Adekeye Adebajo, Enver Daniels, Cassius Lubisi and Richard Levin.

The Covid, climate and cost of living crises all hang heavy in the air. It's more obvious than ever that we need radical social and political change. But in the vacuum left by defeated labour movements, where should we begin? For longtime workplace activist Ian Allinson, the answer is clear: organising at work is essential to rebuild working-class power. The premise is simple: organising builds confidence, capacity and collective power - and with power we can win change. Workers Can Win is an essential, practical guide for rank-and-file workers and union activists. Drawing on more than 20 years of organising experience, Allinson combines practical techniques with an analysis of the theory and politics of organising and unions. The book offers insight into tried and tested methods for effective organising. It deals with tactics and strategies, and addresses some of the roots of conflict, common problems with unions and the resistance of management to worker organising. As a 101 guide to workplace organising with politically radical horizons, Workers Can Win is destined to become an essential tool for workplace struggles in the years to come.

Labor Rights and Multinational Production investigates the relationship between workers' rights and multinational production. Mosley argues that some types of multinational production, embodied in directly owned foreign investment, positively affect labor rights. But other types of international production, particularly subcontracting, can engender competitive races to the bottom in labor rights. To test these claims, Mosley presents newly generated measures of collective labor rights, covering a wide range of low- and middle-income nations for the 1985-2002 period. Labor Rights and Multinational Production suggests that the consequences of economic openness for developing countries are highly dependent on foreign firms' modes of entry and, more generally, on the precise way in which each developing country engages the global economy. The book contributes to academic literature in comparative and international political economy, and to public policy debates regarding the effects of globalization.