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755 Uppsatser om The principle of non-discrimination - Sida 2 av 51
Lönediskriminering : Förekommer det lönediskriminering inom svensk handboll?
AimThe purpose of this dissertation is to find out what discrimination of salary means and if the legislation that exists in Sweden, regarding same salary for the same or similar work, effects sports and if the way that the sportindustry divide salaries are acceptable. The purpose is also to find out if discrimination of salary exist within swedish handball and if this is a reason why swedish ladies handball is not professional. The framing of questions that have been processed is:1. Does discrimination of salary occur in swedish handball?2.
Etnisk diskriminering i rekryteringssituationer : Hur skyddet ser ut i Sverige och vad arbetsgivare kan göra för att förhindra diskriminerande rekryteringar
Ethnic discrimination is still a problem in the Swedish employment market. The Ombudsman against Ethnic Discrimination received 154 complaints relating to discrimination due to ethnicity in the working life in 2012. In addition, reported unemployment rates in Sweden differ markedly between native-born and foreign-born. The purpose of this paper is to investigate how protection against ethnic discrimination in recruitment looks like in Sweden and describe different methods an employer may use to prevent that ethnic discrimination occurs in recruitment situations. The first and second issue of the essay concern what protection there is in Sweden against ethnic discrimination in recruitment situations, based on international and national law. The traditional legal dogmatic method, which describes the valid law, is used in these sections.
Principen mot rättsmissbruk inom det svenska mervärdesskatteområdet: är det hållbart?
The VAT Directive (2006/112/EC) does not regulate Member States? opportunities to intervene against tax evasion. The European Court of Justice has clarified the situation in case C-255/02 Halifax. This case establish that the universal principle against the abuse of rights applies to VAT, which means that Member States have the opportunity to redefine transactions not involving a breach of law but nevertheless goes past what the legislature envisaged at the introduction of the provision.A debate has risen as to whether the principle against the abuse of rights is equally ap-plicable in Swedish domestic law on VAT. The administrative court of appeal in Go-thenburg, Case No.
Operation Moked : Sexdagarskriget ? Överraskning inom de israeliska luftoperationerna
The research regarding the six day war and the aerial operations named Operation Moked is extensive but there are certain shortcomings in the research that examines both the operation and the principle of surprise.The aim of this paper is to contribute to this research by utilising existing military theories on the principle of surprise in order to identify indicators that are representative of surprise. These indicators are thereafter used in a study of Operation Moked in order to examine the extent of in which the principle was utilised.The result of this research goes to show that the principle of surprise was utilised in great extent by Israel during Operation Moked..
Omedelbart omhändertagandeenligt 6 § LVU : -en granskning utifrån ett rättssäkerhetsperspektiv
The main purpose of this study was to examine how social workers interpret and legally practice the 6 § LVU (Care of Young Person´s Act) in regards to legal cer-tainty. The papers intention was to investigate and describe the legal scopes limits and deficiencies, linked to practical social work. The study was composed on a legal dogmatic method which implies to examine the law and its elaboration. The investi-gation was based on different court rulings of care of youths according mostly to 6 § LVU. Perusal and interpretation of the rulings have been necessary in order to clarify the issues.
En arbetsmarknad för äldre arbetstagare? : -Om åldersdiskriminering riktad mot äldre i arbetslivet
The purpose of this essay is to examine for the age discrimination towards older people in the working life. The essay practice EU-law and national law to examine the age discrimination. It also looks for the limits towards age discrimination. A presentation of the rules will make it easier to see how employers are possible to get around the ban against age discrimination. This essay also illustrates how age discrimination emerges in recruitment processes and then how to discourage age discrimination.
Religionsutövning i arbetslivet : Ett nyanserat perspektiv på hur religiösa intressen kan tillvaratas på den svenska arbetsmarknaden
The aim of this essay is to investigate how a demarcation is made between employees? right to religious freedom next to employers? interest in running their enterprise in an efficient way. Case law shows that the Arrowsmith-principle forum internum and forum externum could be used when a demarcation has to be made. Furthermore, case law shows that that the employee?when accepting a contract of employment?have accepted certain restrictions of his or her religious freedom.
Graviditet och föräldraledighet : En uppsats om föräldrars skydd mot diskriminering i arbetslivet
Sweden adopted a new anti-discrimination legislation 2009, DiskL, which aim to prevent direct and indirect discrimination in matters of employment and occupation.According to directives and practices from EU, pregnant workers are entitled a special protection from discrimination during employment situations. The purpose of this essay is to study the legal protection for pregnant workers in employment situations and also analyze whether male workers have similar protection when they plan parental leave. Both regulations from the EU-law and the Swedish law are presented and discussed. This because Swedish discrimination legislation is largely influenced by the EU-law.The study confirms that pregnant workers have a strong legal protection against discrimination through directives from the EU and DiskL. Employers must include this protection in employment situations.
Åldersdiskriminering : i arbetslivet
According to the national legislation concerning discrimination within labour law, it is prohibited to discriminate on the grounds of sex, ethnic belonging, religion or other religious belief, functional disability, sexual nature and part-time work or time-limited employment. The EC-law goes further and also prohibits discrimination on the ground of age. According to an EC-directive the member states must incorporate a national provision against age discrimination by the 2nd of December 2006 and the Swedish legislator is now in the progress to implement this into Swedish law.Even though national legislation does not contain any provision on the area, the EC-law directive has a certain influence at national law. Measures that are in breach of the purpose of the directive can for example not be taken. When the time for implementation has expired, the directive has direct effect and can be referred to within the member states.
I strid med lagstiftningens syfte : En analys av det fjärde rekvisitet i skatteflyktslagens 2 § utifrån legalitetsprincipen
Under Swedish tax law; the general clause in the Tax Avoidance Act is a method to prevent tax evasion. The purpose of the general clause is to prevent any tax avoidance procedures that the legislator has not been able to foresee. For the general clause to be applicable, four prerequisites need to be met. This thesis analyses the fourth prerequisite based on the principle of legality. The prerequisite concludes that a determination of the tax base, based on the procedure in question, is in conflict with the purpose of the legislation.
Rumäniens europeisering och dess effekt på romerna i Rumänien
The essay studies Romania and the Roma in the country as a minority from an Europeanization perspective.The aim of the essay is to study EU´s impact on Romania in general through Europeanization and to illustrate this Europeanization by studying the situation of the Roma in particular.The paper focuses on Romania´s Europeanization process and the Roma as a minority. It looks at how these mechanisms have affected Romania´s efforts to prohibit discrimination and to promote Roma´s rights.Heather Grabbes´s Europeanization mechanism; models, money, gate ?keeping, benchmarking and monitoring, advice and twinning is the framework for the essay. Besides this Claudio Radaelli´s definition is used because it is broad enough to cover different areasThe conclusion is that Europeanization has affected Romania in its adaption to EU membership. Romania has been affected by a top-down Europeanization process.Regarding the Roma the conclusion is that the mechanisms have pushed Romania to focus more on the Roma.
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..
Risken för diskriminering pga. etnicitet i samband med rekrytering
The purpose of this study is to investigate ethnic discrimination in the recruitment process. National and international law protect individuals from ethnic discrimination by potential employers during the recruitment process.Despite the laws in place to protect human rights, minorities in society do not have the same opportunities in the labor market as the rest of the population. Minorities continue to have difficulties compared to Swedish nationals in the recruiting process. Highly educated immigrants seeking employment in Sweden continue to report being treated unfairly based on their ethnic background.Ethnic discrimination in the recruiting process is based on prejudice and stereotypes that affect decisions whether it is visible or hidden, intentional or unintentional.Under the law, it is not legal to base a decision on prejudices or stereotypes. Therefore, it is important for the employer to highlight the job requirements to ensure the recruitment process is ethical.
Den åländska hembygdsrättens omgestaltning - Från jordförvärvsskydd till regionalt medborgarskap
This article seeks to re-imagine the Alandish hembygdsrätt to a regional citizenship. Hembygdsrätt is a judicial tool that regulates acquisition of property and voting rights. Its a central part of the autonomy as it constitutes a social-border between Finns and Alanders.However as Åland and Finland became members of the European Union questions arouse concerning the legitimacy of the current statues. The community argued that it could be considered as a breach of the anti-discrimination principle. Therefore Alandish autonomy was recognized as an exception in the joint-accession treaty of Finland and Åland.
Hur ser verkligheten ut? : En studie av olika människors syn på och tankar om diskriminering och annan kränkande behandling
On the 1st April 2006 a new legislation came into effect in Sweden; The ProhibitingDiscrimination and Other Degrading Treatment of Children and Pupils Act (2006:67). TheAct is applicable to education and other activities referred to in the Education Act(1985:1100). This dissertation aims to examine how teachers work to combatdiscrimination, and establishes whether headmasters and teachers have changed their work procedures since the law came into force.In order to seek the answers to my questions I have conducted 8 qualitative interviews with headmasters and teachers from two schools in a community outside Karlstad, with both schools comprising of students from pre-school until year 6.Discrimination is not a new phenomenon in schools, but neither is the fact that it is theschools? responsibility to work against discrimination. Discrimination is still taking place,despite discrimination laws being clearly stated within the Education Act (1985:1100) andthe school curriculum.