equality of opportunity and treatment Flashcards
art,23 of universal declaration of human rights of 1948
everyone without any disccrimination has the right to equal pay for equal work
art 2 of international covenant on civil and political rights of 1966
each state party undertakes to respect and to ensure the rights recognized in the present convenant, without distinciton of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status
art 3 of international covenant on civil and political rights of 1966
equal right of men and women to enjoy the cvil and political rights
in the TFEU (binding sources) art. 8 establish only to avoid discrimination or does it entail an active duty on the states?
art.8 of the TFEU: the union shall aim to eliminate inequalities and to PROMOTE equality between men and women.
is the EU anti-disccriminatory law a closed list or an open list?
it is a closed list, it only prohibits discvrimination based on specific protected factors
the ILO’S convention on discrimination, art. 1 specify that the discrimination includes what?
discrimination includes any distinction., exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin
the list of discriminatory factors in employment is a closed list, however..
individual factors are open to extensive interpretation
what do we mean by national extraction?
distinction on the basis of place of birth or foreign origin ( national or linguistic minorities)
what do we mean by social origin?
discrimination based on the class or caste of the worker
what’s the difference between direct and indirect discrimination?
direct: any provision making explicit difference on a particular ground. Indirect: apparent neutral provision that puts specific workers at a particular disasvantage.
is there an exception to the prohibition of discrimination?
yes,Any distinction, exclusion or preference in respect of a
particular job based on the inherent requirements thereof shall not be deemed
to be discrimination
among the valid reasons for termination of employment there is family responsibilities. True or false? (una facile dai)
absolutely trueeee, u should not have a family. Work bitch.
there is a prohibition of dismissal on maternity grounds, what about the burden of proof in case of termination: on which subject the burden of proof rest?
the burden of proving that the reasons for dismissal are unrealted to pregnancy shall rest on the employer
main rights related to the job during maternity
job preservation. Prohibition of dismissal on maternity grounds
can u ask a woman to do the pregnancy test when applying for a job?
no, fuck patriarcato