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755 Uppsatser om The principle of non-discrimination - Sida 4 av 51

Diskriminering är mångfaldens mörka sida : En studie baserad på samtal med sex mångfaldskonsulter

The purpose of this study is to examine how consultants define conceptions of diversity and discrimination. There has also been an aim to find connections to the term intersectionality within the consultants? definitions. The link between consultants and academic research is interesting to examine in order to examine what they base their definitions of different conceptions on. In order to explore these definitions and discussions I have used the qualitative method of interviewing each consultant separately at different occasions.

EU:s tjänstedirektiv - ursprungsprincipen eller destinationsprincipen?

The Vaxholm conflict was initiated when the Swedish Trade Union for Construction Workers shut down a construction site in order to prevent a Latvian construction company to build a school after the two parties had failed to agree upon a collective agreement in compliance with Swedish regulations. An emotional public debate followed that resulted in a discussion of the proposal for the Services Directive of the EU, based upon the country-of-origin principle. In this thesis we will analyze whether the country-of-origin principle or the country-of-destination principle is best suited to capture the gains-of-trade that the common market hoards and improve welfare within the EU. We conclude that the country-of-origin principle is the more apt of the two, though it leads to some short-run costs such as structural unemployment. But these will be more than outweighed by the gains in aggregate welfare for the EU in the long run..

Ne bis in idem : Tillämplig på förhållandet mellan skattetillägg och skattebrott samt på förhållandet mellan skattetillägg och bokföringsbrott?

In the European Convention and the EU charter the principle ne bis in idem is provided, which implies that a person can not be tried or punished twice for the same offense. Since the European Convention was incorporated into Swedish law in 1995 the principles application has been discussed in tax law. Several cases have been examined by the European Court and the Supreme Court (HD) in order to determine whether dual punishment has occurred in the national rules concerning tax surcharge, tax crime and accounting fraud. The judicial trials have brought different assessments concerning the matter, which have resulted in a lack of clarity on the application of the principle in Swedish law.The thesis purpose is to clarify whether the principle ne bis in idem is applicable on the relationship between tax surcharge and tax crime, and the relationship between tax surcharge and accounting fraud.The authors' conclusion is that the principle ne bis in idem is applicable on the relationship between tax surcharge and tax crime because both sanctions are considered criminal in nature and concern the same crime, since they are based on substantially the same circumstances. Furthermore, the principle ne bis in idem is considered applicable on the relationship tax surcharge and accounting fraud, because both sanctions are criminal in nature and their circumstances have a connection, therefore they are considered as the same crime..

Likabehandling : Men på vilka grunder?

The Act Prohibiting Discrimination and Other Degrading Treatment of Children and School Students (2006:67) entered into force on 1 of April 2006. The purpose of this Act is to promote equal rights for children and school students and to combat discrimination on the five discrimination grounds of sex, ethnic origin, religion or other belief, sexual orientation or disability. This Act also has the purpose of combating other degrading treatment. According to the Act the organiser of the activity shall insure that there is an equal treatment plan that aims to promote the equal rights for children and school students irrespective of the five discrimination grounds. Discrimination is a result of the social norms which tends to exclude people who does not fit in and therefore considerers as being abnormal.

Etnisk diskriminering- från arbetslivet till Arbetsdomstolen? : En granskning av Arbetsdomstolens praxis gällande etnisk diskriminering

The right to non-discrimination is a fundamental part of human rights. Sweden has enacted legislation which prohibits employers from discriminating or harassing employees and job seekers. Swedish authorities also receive a substantial amount of complaints concerning ethnic discrimination in the workplace every year and there are volumes of research showing structural injustices related to discrimination. Despite these facts few employers have so far been found guilty of discrimination on ethnic grounds in Swedish courts.This thesis aims to shed lights on and analyse how the Swedish anti-discrimination legislation is utilised in the Swedish Labour Court regarding discrimination and harassment on ethnic grounds. On the basis that very few lawsuits brought on behalf of employees/job seekers have been successful it is hypothesized that there are problems either with the form of the legislation or the assessment of the court.

Gränsöverskridande arvsrätt : Gemensamma lagvalsregler inom EU

When someone dies there will always be an inheritance, an inheritance that earlier has been seen as a national concern. However, every year there are about 450 000 deaths within the European Union linked to more than one country, either when the deceased has changed his state of residence or when he has assets in another state, for example a Swedish national with a summer house in Spain. The problem is to determine which na-tional law that is supposed to be applicable to the inheritance.There are two principles that can be applicable on the choice of law, the principle of na-tionality and the principle of residency. If the principle of nationality is used the inherit-ance will be regulated by the deceased`s citizenship while the principle of residency takes aim on the deceased´s last domicile instead. Conflicts can occur between the two principles so that the legacy must be divided between two different legislations.In October 2009 the Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession was presented, a regulation that will try to create harmonized rules on in-teralia the inheritance matters.

Kommunal rekrytering i praktiken- platsannonsens betydelse vid tjänstetillsättningsärenden

This Paper examine how a municipality hire employees and in what way they use relevantlegislation in the recruitment process. The purpose of this paper is to clarify one specific municipality and their recruitment process, where the selection of the candidates is in focus of the process.The premiss is that municipalities can hire whoever they want, although some legislation needs to be considered. The principle of objectivity, the precedence and prohibition against discrimination are some restrictions municipalities must be aware of and not contravene.Further on candidates have an opportunity to require probation of the legality if they experience that mistakes have been made with the recuritment. However, only members of the municipality can emphasise this request.The municipalities job advertisements conformation and demands will be clarified in the paper. Job advertisements has a validity regarding disputes refering to discrimination because only the advertisement can justify employers procedure and choise.

"Vi har våldet i blodet" - En kritisk diskursanalys av Landskrona Posten 2006

On the 11th of march 2006, the journal Landskrona Posten began an article series with the ambition to review the juvenile gangs in the city of Landskrona. The articles received heavy response from the readers. About six months later Landskrona was the centre of attention in the Swedish media. 22,3 percent of the city's population had voted for the nationalist party ?Sverigedemokraterna? in the municipal election.

Har vi inte kommit längre än så här? - en studie om jämställdhet i Europaparlamentet

The aim of this thesis is to ascertain if women are discriminated in the European Parliament, and if so, how it is expressed. Our hypothesis is that female members of the parliament suffer a kind of double discrimination. The European Parliament consists of roughly one third women, but nevertheless the discrimination does not end there. According to our hypothesis women do not have the same opportunity to influence as their male colleagues, hence the double discrimination.The results of this thesis show that women are discriminated, mainly by not gaining access to the European Union's important issues, whilst the female dominated issues are scheduled on late evening and at the end of a session week. Another unsatisfactory issue was that even though half of the reports were given by women, they only received one third of the references to their reports while men received two thirds of the references.

Armlängdsprincipen och Statens kulturråd: En fallstudie om maktfördelning i svensk kulturpolitik

This Masters Thesis is about the Swedish National Council for Cultural Affairs and the arms length principle. The principle is used to explain the separation of power between two parts with a common interest. The main purpose is to elucidate if, and if so in what way, the arms length principle can be used to explain the relation between the National Council for Cultural Affairs and the Ministry of Education and Culture, i.e. the Swedish government, but also to examine the structures of power and relations within the Council. In the thesis we show that in the field of cultural policy the content of the arm lengths principle varies due to the many interpretations of the meaning.

Diskriminering på grund av funktionshinder - eller frunktionshindrad på grund av diskriminering?

Abstract The 1st of January 2009 there will be a new discrimination law in Sweden. That means that the Parliament finally will interpret three EC-directives in there entirety. The new law means that the present discrimination laws will be merged to one law. The situation for disabled persons on the labour market has improved, since the discrimination law was founded in 1999. The Labour Court got some cases to judge and media has attracted attention to disabled persons rights.

The Intimate Connection Between Autonomy and Decision-Making in Applied Health Care Ethics

The intimate connection between autonomy and decision-making in applied health care, especially in various kinds of consent and refusal has taken center stage in medical ethics since the Salgo decision in 1957. Prior to that time, the physician?s supposedly moral duty to provide appropriate medical care typically surpassed the legal obligation to respect patient?s autonomy. The Salgo decision concluded that physicians have a legal duty to provide facts necessary for the patient to make an informed decision. "The doctor knows best" long ago was replaced with "The doctor proposes; the patient disposes." There is no legal obligation for the patient?s choice to be palatable to anyone, other than that patient himself/herself.

Prövning av ett praktiskt verktyg för att främja likabehandling i skolan

The purpose of this study was to examine the laws, govern documents and guiding principals that are available for schools and their work regarding the work against discrimination, insulting and other forms of harassments, and then to form a method for the schools to implement this work in practice.The work to counteract discrimination, insult treatment and other forms of harassments should be done both in a short term and a long term. In this paper there is a presentation of a project, a set of lessons that was created and carried out as a trial. The project aims for conscious making among children and students in school regarding norm, deviation, discrimination and power and the fact that equal treatment is hard to achieve. The basic purpose behind the project is to offer a tool to schools and teachers so that they can decrease the possible gap between the laws and the practice of these laws by creating awareness among students and other teachers. The long term work for achieving equal treatment should be done on a political level.

Proveniensprincipen i den verksamhetsbaserade arkivredovisningen

In this essay I seek to examine how the Principle of Provenance can be discerned in the new activity-based wayof establishing an archival description. In which terms do authors of reports and works about archival descriptionspeak about provenance. Do they at all?In order to do so I have studied the history of the Principle of Provenance and what is to be its future ? theregulation from the Swedish National Archives, RA-FS 2008:4. I have also read the referrel that was sent out toSwedish authorities, universities and other archival institutions.

Implementeringen av miljöansvarsdirektivet i den svenska rätten : En europarättslig studie om förvaltningsförfarandet vid miljöskador utifrån principerna om god förvaltning och processuell autonomi

The aim of this thesis is to examine how the EU directive 2004/35/EC on environmental liability impacts the Swedish administrative legal order. The thesis examines the directive through two main EU principles - the principle of good administration and the principle of procedural autonomy. The EU principle of good administration as a concept contains various procedural and substantive obligations that make up the subject for examination of the directive, both as regulated in the directive and as general principles of EU law. The directive is analyzed using a comparative method to determine to what extent the procedural and substantive principles of the directive impacts the Swedish administrative law, and weather or not the Swedish regulations comply with the EU principle of good administration.The results of the study shows that, althought there?s a general principle of national procedural autonomy, the EU principles of good administration do affect the Swedish administrative regulation in various aspects, through the implementaion of the directive on environmental liability as well as general principles of EU law.

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