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3971 Uppsatser om European court of human rights - Sida 20 av 265

Lojalitetsplikt och yttrandefrihet i sociala medier

The purpose of this thesis is to investigate the employees´ duty of loyalty to their employer when making statements on social media networks and if this opposes the employees´ right to freedom of speech. Another purpose of this thesis is to investigate freedom of speech from an EU juridical point of view. Also a discussion concerning gender issues on this subject takes place is presented in the thesis. The questions to answer the purpose of this thesis are the following: Where is the line drawn for what an employee can publish on a social media network without breaching their duty of loyalty towards their employer?, and How does an employee´s freedom of speech relate to these types of statements on a social media network? The method used for this thesis is the classical legal method.The legal inquiry shows that duty of loyalty is a hidden clause in all employment contracts, and it must be respected by the employee.

Om rätten till utbildning för psykologiskt och socialt utsatta barn och ungdomar: ett juridiskt perspektiv

This essay is about children who have psychological and social problems. An increase part of children and young people in Sweden describe this kind of difficulties. These problems are at the same time a concern for the school as well as the social welfare. The purpose in this essay is to explore if children with psychological and social problems have the same legal rights to education as other children. The main questions are to describe the legal rights in this area and explore how schools and social welfare cooperate in order to achieve better possibilities for the children.The facts take a legal aspect as a starting point.

Den bristfälliga implementeringen av LSS en studie av maktaspekten i mötet mellan socialtjänsten och människor med psykiska funktionshinder

In this study, the aim is to show how the social services fails to implement a specific rights law (LSS) wich is supposed to have the function of protecting the wellfare and provide specific rights to people with severe mental disabilities. By applying chritical theory on this case the aim is to provide an alternative answer on why it is possible for the social services to ignore these peoples rights.By revealing the power structures in the encounter between the system and a person with mental dissablilities, I conclude that people with mental disabilities does not fit in when it comes the social sevices way of implementing the law and further more that a private person is extreamly exposed to the systems arbitrariness..

Mellan Bröst och Rumpor : En Kvalitativ Studie av The Playboy Interview

Playboy is a magazine that, for more than a half century, has been mostly known to the wider audience for its stylized pictures of naked women. What a lot of people do not know is that the magazine, with its editor in chief Hugh Hefner in the lead, has been frontrunners in human rights. Playboy has been fighting protecting the right of freedom of speech, fighting for equal rights for all people during the civil rights movement and supported the feminist movement by funding precedent cases on abortion rights. According to a series of text analyses by Beggan & Allison (2000, 2002b) Playboy?s editorial direction contradicted conventional definitions of masculinity. Also, the magazine portrayed its Playmates with complex identities that, in many cases, contained a number of traditionally masculine abilities.In this thesis we have done a critical discourse analysis of the Playboy interview and how the gender of its subject is portrayed by the magazine.

Rättsenlighet och ansvarstagande i de ensamkommande flyktingbarnens asylprocess

Earlier this year the Swedish migration board gave a part of their responsibility for the separated children to those municipalities that have signed an agreement with them, so that the children can get the best handling of their matters and also to lift the heavy pressure of the Swedish migration board. Our aim in this paper is to see how this division is made and which areas of responsibility they have. We want to see how this process is being handled in relation to these children?s rights, the Convention on the Rights of the Child and the Swedish law. To get the best information possible we used a qualitative method.

En europeisk åklagare : ett hot mot den fria bevisprövningen?

There are intense discussions within the European Union regarding the introduction of a European Public Prosecutor (EPP). The proposed EPP will have jurisdiction in the entire union, and will work under a unified set of rules of procedure. These procedural rules will differ from the Swedish rules of criminal procedure, especially regarding the handling of illegal evidence. The thesis describes the European legal history, especially regarding criminal procedure. The thesis also describes what the purposes and principals are in Swedish criminal procedural law, and the purposes and principals in the proposed European criminal procedural law.

Rättfärdigandebegreppets potentiella tillämpning vid direkt könsdiskriminering : en analys av den EG-rättsliga diskussionen om utökade möjligheter till rättfärdigande

Sex equality law within the European Union is well developed and has since the Rome Treaty, given rise to several directives and other judicial acts on this matter of community law. The concepts of direct and indirect discrimination emerge from the general principles of Equal pay and Equal treatment and have been codified and amended several times until present.The lasts years, authors within the field of Equality Law has been pointing out that there is a common desire for simplification of discrimination law in Europe. The question has arisen whether this simplification could be implemented trough the introduction of a general justification defence for direct sex discrimination.The concept of direct sex discrimination - when a person of one gender is treated less favourably, on the grounds of gender, than a person of the other gender would be treated in similar circumstances - leaves no possibilities for such justification today. Indirect sex discrimination ? which arises from the equal application of neutral rules that shows an adverse impact on one group ? can be justified if the rule answers to true requirements of the job.Does the proposition that direct discrimination should be justified find support in the inconsistency of the present legislation? This paper will examine this and other questions concerning the wish for a general justification defence through studies of case law from the European Court of Justice as well as differing opinions from authors within the field of equality law..

Humankapitalets roll vid företagsvärdering

This study investigates a method for identifying human capital and its effect on company valuation. We devise a measure for the efficiency of human capital based on the personnel cost. We include all companies listed in the financial and industry sector on Nasdaq OMX Stockholm in an attempt to examine human capital and its effect on firm valuation. Our results indicate that a higher efficiency of human capital has a positive effect on return on assets. However, we find that our measure can be interpreted in two ways; either as a firm?s level of human capital efficiency or its dependency on human capital, to achieve its net sales and revenue.

Turkiet, ett gränsfall för EU Ur ett identitetsperspektiv; hur ser EU på Turkiet som potentiell ny medlem, samt vilka hinder föreligger för ett medlemskap?

The European Union is originally an economic organization that has developed into including more social and cultural questions. These questions are especially important when the Union expands with so many different cultures and traditions to take into concideration.I have from an identity perspective studied the relation between the European Union and the candidate country of Turkey. Using theories including the Other I have discussed the relationship between us (Europe) and the Other (Turkey) and Turkey's possibilites to become a member of the Union. My conclusion will include a discussion on the basis of three dimensions; History, Economy/Politics and Religion. I believe there are hindrances for Turkey to become a member of the European Union.

Value creation- How can companies optimize the human capital

The thesis aims to examine how companies optimize the human capital from a value creation perspective. The value creation will be related to transfer of knowledge, recruitment, staff turnover and development. The thesis has a deductive approach and six qualitative interviews have been conducted. The results from the interviews will be strengthened with a quantitative data analysis of two measurements; value added per employee and human capital efficiency. The theoretical framework includes definitions of human capital.

Natos intervention i Kosovo 1999 : En ställningstagande idéanalys av Natos argumentation om begreppet humanitära interventioner

This thesis is an analysis based on the problem of defining a humanitarian intervention and argues when or not, it is appropriate to operate it. The interest lies in finding out whether the argument itself is justifiable,not whether the act of interference was justifiable. My hypothesis is that both private and international operatios misuse the definition "humanitarian interventions" as an excuse to trespass the laws of war. Behind the idea of protecting human rights, freedom and democracy, is the liberalist idea of all individuals being equal. The respect for their freedom and rights drives outside actors to intervene when crimes are comitted against them.

Finn fem fel? Trovärdighetsbedömningar och rättssäkerhet inom den svenska asylprocessen

The purpose of this essay is to outline the aspects of the rule of law that can be applied to credibility assessment in the asylum procedure, and more specifically what factors influence the assessment of credibility in practice. To evaluate this procedure, a multidisciplinary method has been used. Secondary data has been collected from previous academic research and from legal documents such as the Swedish Aliens Act. Since the area of study lacks a reflection on how credibility issues are dealt with in practice, primary research in the form of qualitative interviews has been conducted.Key findings suggest that the Swedish asylum system does offer a fairly inclusive refugee law and rights protection relating to the rule of law. However, the study also suggests that the decision maker's own subjectivity, lack of training relating to trauma and torture victims as well as a rigid system of regulations contribute to credibility assessments being arbitrary and discretionary, in violation of the rule of law..

Att bemöta, lyssna till och delaktiggöra ungdomar på HVB-hem : En  kvalitativ studie ur personalens perspektiv

When young people are placed in residential care, the staff have a responsibility to ensure that the youth have a safe environment where they can thrive and develop. Residential staff also have responsibilities to ensure the rights of youth during the residential care. This study aims to examine how staff consider themselves to treat the youth in residential care. Furthermore the study aims to examine how the staff consider themselves to ensure youth their right to be heard and have an impact on their own lives, in agreement with Article 12 of the UN convention on the rights of the child (CRC). A qualitative method has been used in order to answer the study's purpose and issues.

EU, den fria rörligheten och asyl - En studie av EU:s viseringsregler och Dublinförordningen

This thesis studies two instruments within EC-law, affecting asylum issues, the Schengen Convention and the Dublin Regulation. These instruments are developed as a result of the free movement of persons in the European Union, and the development of the free internal market. The member states are afraid of losing control of who is residing within their borders, as their border controls has been removed, and these instruments are made to protect the member states now that their own means of control are gone. The thesis explains the relationship between the free movement and asylum issues and shows the connection between them. Its focus is aimed at the free movement of workers and how the European court of justice has interpreted article 39 to increase the workers ability to move within the union.

En komparativ studie av svensk och lettisk arbetslagstiftning i skuggan av Laval-målet

After the last European Union expansion the east European countries became members of the European Union. This meant that they would become apart of the Schengen agreement and that they would be able to travel, live and work anywhere in Europe. This came as a shock tothe Scandinavian trade unions that were worried that work migration would escalate, and that it would lead to social dumping, which would make the working conditions worse for the native workers. .The Swedish labour market is build up by the principal of negotiations. The evolution of the labour laws comes from the rules and regulations of collective agreements.The Lex Britannia principal was made to regulate the working conditions for guest workers in Sweden, by making it possible for trade unions to take industrial action against foreign companies to make them sign a Swedish collective agreement.Even though Swedish labour law includes an obligation to maintain industrial peace it is not valid for foreign companies.

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