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Same Rights (same + right)
Selected AbstractsChildren who have complex health needs: parents' experiences of their child's educationCHILD: CARE, HEALTH AND DEVELOPMENT, Issue 4 2009J. Hewitt-Taylor Abstract Background An increasing number of children have complex and continuing health needs. These children have the same right to a full range of education opportunities as other children. Methods This paper reports on the findings from a small qualitative study of the experiences of parents whose children have complex heath needs, related to their experiences of their child's education. Interviews with parents were used to generate data. Findings Parents encounter a number of challenges to their children achieving equal opportunities in relation to education. The factors which influence their opportunities include: staffing issues, funding issues, the attitudes of individuals and organizations, staff confidence in meeting children's needs, clarity over responsibilities and funding. For parents, what seemed most important is not whether their child accesses mainstream education, but whether the school which they attend assists them to achieve their potential. Children who have complex health needs may have to make a greater effort than their peers to achieve educational goals, and may miss considerable school time. This can impact on their leisure time. Accessing pre-school education can be difficult for children who have complex health needs. Conclusions Inclusion in education should include pre-school provision, and more work in this area would be beneficial. Inclusion in mainstream education is only beneficial if it enables the child to participate fully with their peers. This requires practical and organizational issues to be addressed, services to be well co-ordinated, responsibilities and funding to be clear, and staff to be enabled to be confident in meeting the child's needs. However, it is also vital that individuals and organizations have a positive attitude to children and to inclusion. The additional effort and time which children may have to spend on their school work because of their health needs should also be recognized and supported appropriately. [source] Migration and the Right to Social Security: Perceptions of Off-farm Migrants' Rights to Social Insurance in China's Jiangsu ProvinceCHINA AND WORLD ECONOMY, Issue 2 2007Ingrid Nielsen J08; J 61; J65 Abstract In 2001 China ratified the International Covenant on Economic, Social and Cultural Rights. By so doing the national government became legally bound, "to the maximum of its available resources", to achieve "progressively" full realization of the rights specified in the Covenant. Included amongst these entitlements is the "right of everyone to social security, including social insurance". This paper uses data from Jiangsu to examine the extent to which urbanites agree that previously disenfranchised migrants have the same right to social insurance as the urban population. Many urbanites fear that their existing entitlements to social protection will be diluted if social insurance coverage is extended to include new populations. Accordingly, state agencies and the media have sought to promote acceptance of a more positive view of migrant workers than has traditionally prevailed within towns and cities. We find that younger urban residents, urban residents who already have social insurance and urban residents working in the state-owned sector are more likely to agree that migrants have the same right to social insurance as the urban population. [source] Free movement, equal treatment and workers' rights: can the European Union solve its trilemma of fundamental principles?INDUSTRIAL RELATIONS JOURNAL, Issue 6 2009Jon Erik Dølvik ABSTRACT This article analyses the trilemma the EU is facing concerning three fundamental principles on which the Community rests: free movement of services and labour; non-discrimination and equal treatment, and the rights of association and industrial action. With rising cross-border flows of services and (posted) labour after the Eastward enlargement, the conflict between these rights has triggered industrial disputes and judicial strife. In the view of the European Court of Justice (ECJ), highlighted in the Laval Quartet, some principles are more fundamental than others. Tracing the ,dual track' along which European integration has evolved, whereby supranational market integration has been combined with national semi-sovereignty in industrial relations and social policies, our claim is that the supremacy of free movement over basic social rights implied by the ECJ judgments is leading Europe in a politically and socially unsustainable direction. To prevent erosion of the European Social Models and of popular support for European integration, the politicians have to reinsert themselves into the governance of the European project. A pertinent start would be to ensure that the rising mass of cross-border service workers in Europe become subject to the same rights and standards as their fellow workers in the emerging pan-European labour market. [source] An Exploratory Investigation of Heterosexual Licensed Domestic PartnersJOURNAL OF MARRIAGE AND FAMILY, Issue 4 2003Marion C. Willetts In-depth telephone interviews were conducted in four cities in an exploratory study of 23 licensed cohabitors to determine why they have chosen to legitimize their intimate unions through domestic partnership ordinances, rather than through legal marriage. The cohabitors in this sample are pursuing these licensed partnerships to obtain an economic benefit (e.g., health insurance coverage for a partner); as a substitute for legal remarriage; to legitimize their unions in a way other than through legal marriage; or as an ideological alternative to legal marriage. Regardless of motivations to pursue domestic partnership certificates, these respondents are divided over whether they should have the same rights and responsibilities as the married. [source] State Obligation, Sovereignty, and Theories of International LawPOLITICS & POLICY, Issue 3 2001Marc G. Pufong Much of what constitutes the business of international relations is undertaken by states in response to their perceived self-interest, and the commitments of states create duties and obligations. This paper assesses critical values that permeate substantive understanding of state duties and obligations. It explores how states traditionally gain community standing and how their choices bind them to existing community norms, even though some are often contested. Assuming a state to be a bona-fide and recognized member of the international community, its self-interested activities, praise-worthy or controversial, create obligation, i.e., a moral and legal duty recognized and actionable by law. In practice, what actually constitutes obligation may not be the same in all situations, or be fulfilled similarly by the same parties, or confer the same rights. It is difficult to establish a uniform reference with which to grapple with state obligation across all situations. This difficulty, however, does not enlighten debates on state responsibilities with regard to the binding force of international law where human rights abuses and other moral/legal violations are concerned. The argument is presented that since community membership, statehood, and state capacity provide the prima-facie basis for state obligation, attempts by rogue states to raise and frame secondary issues of sovereignty and autonomy in order to fence-out noncompliance are invalid States, therefore, are obligated and duty bound by community norms despite subsequent defenses that are raised in an effort to expunge transgressions. [source] | |||||||||||||