Equality in Law: Belgium PDF Download
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Author: Dominique De Vos
Publisher: Martinus Nijhoff Publishers
ISBN: 9004633928
Category : Law
Languages : en
Pages : 246
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Book Description
Author: Dominique De Vos
Publisher: Martinus Nijhoff Publishers
ISBN: 9004633928
Category : Law
Languages : en
Pages : 246
Get Book Here
Book Description
Author: European Community
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Camille Pichault
Publisher:
ISBN: 9789282644560
Category :
Languages : en
Pages : 214
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Book Description
Author: Johan vande Lanotte
Publisher: Maklu
ISBN: 9789062157556
Category : Law
Languages : en
Pages : 276
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Book Description
The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.
Author: Brecht Deseure
Publisher: Routledge
ISBN: 1000375021
Category : History
Languages : en
Pages : 304
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Book Description
This book brings recent insights about sovereignty and citizen participation in the Belgian Constitution to scholars in the fields of law, philosophy, history, and politics. Throughout the Western world, there are increasing calls for greater citizen participation. Referendums, citizen councils, and other forms of direct democracy are considered necessary antidotes to a growing hostility towards traditional party politics. This book focuses on the Belgian debate, where the introduction of participatory politics has stalled because of an ambiguity in the Constitution. Scholars and judges generally claim that the Belgian Constitution gives ultimate power to the nation, which can only speak through representation in parliament. In light of this, direct democracy would be an unconstitutional power grab by the current generation of citizens. This book critically investigates this received interpretation of the Constitution and, by reaching back to the debates among Belgium’s 1831 founding fathers, concludes that it is untenable. The spirit, if not the text, of the Belgian Constitution allows for more popular participation than present-day jurisprudence admits. This book is the first to make recent debates in this field accessible to international scholars. It provides a rare source of information on Belgium’s 1831 Constitution, which was in its time seen as modern constitutionalism’s greatest triumph and which became a model for countless other constitutions. Yet the questions it asks reverberate far beyond Belgium. Combining new insights from law, philosophy, history, and politics, this book is a showcase for continental constitutional theory. It will be a valuable resource for academics and researchers in constitutional law, political and legal philosophy, and legal history.
Author:
Publisher:
ISBN: 9789276473114
Category :
Languages : en
Pages : 0
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Book Description
The principle of equality is recognised by Articles 10 (equality of women and men) and 11 (equality of Belgian citizens without discrimination) of the Constitution. Under Belgium's federal structure, policy competences are divided between three entities: the Federal State, the regions (the Flemish, Walloon and Brussels Capital Regions) and the communities (the Flemish, French and German-speaking communities). This causes extreme confusion, and significant gaps remain in the transposition of EU law. However, since 2008 each of the federate authorities has adopted new legislation, usually inspired by federal legislation. For example, labour relations such as access to employment, working conditions and pay issues fall within the jurisdiction of the federal authorities while vocational orientation and training fall within the exclusive jurisdiction of the federate authorities, i.e. the communities and regions. This is also true for other policy areas such as education (including school staff) and public housing (within the scope of Directive 2004/113/EC). Social security is still a federal matter, although the Sixth State Reform (2014) has allocated the competence in respect of family allowance to communities. The Act of 10 May 2007 aimed at combating discrimination between women and men (the Gender Act)1 is the legislative instrument that implements all EU directives concerning gender equality within the jurisdiction of the federal Parliament. Articles 5 and 6 of the Act of 10 May 2007 apply, inter alia, to working conditions including pay, to occupational social security schemes, and to any persons concerned. They deal with certain aspects of access to employment (e.g. in the federal public services, or concerning the standard conditions of access to the professions), while other aspects fall within the jurisdiction of the federate authorities (e.g. in their own public services, or concerning the management of the labour market). Vocational training is almost entirely a community matter.
Author: Camille Pichault
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
Notice to the reader
Author:
Publisher:
ISBN: 9789276017547
Category :
Languages : en
Pages :
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Book Description
Under Belgium's federal structure, policy competences are divided between three entities: the Federal State, the regions (the Flemish, Walloon and Brussels Capital Regions) and the communities (Flemish, French and German speaking communities). This causes extreme confusion and significant gaps remain in the transposition of EU law. However, since 2008 each of the federate authorities has adopted new legislation, usually inspired by federal legislation. For example, labour relations such as access to employment, working conditions and pay issues fall within the jurisdiction of the federal authorities while vocational orientation and training fall within the exclusive jurisdiction of the federate authorities, i.e. the communities and regions. This is also true for other policy areas such as education (including school staff) or public housing (within the scope of Directive 2004/113/EC). Social security is still a federal matter, although the Sixth State Reform (2014) has allocated the competence in respect of family allowance to communities. The Act of 10 May 2007 aimed at combating discrimination between women and men (the Gender Act)1 is the legislative instrument that implements all EU directives concerning gender equality within the jurisdiction of the federal Parliament. Articles 5 and 6 of the Act of 10 May 2007 apply, inter alia, to working conditions including pay, to occupational social security schemes, and to any persons concerned. It deals with certain aspects of access to employment (e.g. in the federal public services, or concerning the standard conditions of access to the professions), but other aspects fall within the jurisdiction of the federate authorities (e.g. in their own public services, or concerning the management of the labour market). Vocational training is almost entirely a community matter.
Author: Éléonore Lépinard
Publisher: Cambridge University Press
ISBN: 110842922X
Category : Law
Languages : en
Pages : 491
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Book Description
Explains the adoption, diffusion of, and resistance to gender quotas in politics, corporate boards and public administration across Europe.
Author:
Publisher:
ISBN: 9789279855627
Category :
Languages : en
Pages :
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Book Description
Given the federal structure of Belgium, vocational orientation and training fall within the exclusive jurisdiction of the federate authorities, i.e. Communities and Regions, which is also true for various other matters such as education (including school staff) or public housing (within the scope of Directive 2004/113/EC). This causes extreme confusion and some significant gaps still remain in the transposition of EU law, although since 2008 every one of the federate authorities has adopted new legislation, usually inspired by federal legislation. The Act of 10 May 2007 'aimed at combating discrimination between women and men' ('the Gender Act') is the legislative instrument which implements all EU directives concerning gender equality within the jurisdiction of the federal Parliament. Articles 5 and 6 of the Act of 10 May 2007 apply, inter alia, to working conditions including pay, to occupational social security schemes, and to any persons concerned. It deals with certain aspects of access to employment (e.g. in the federal public services, or concerning the standard conditions of access to the professions), but other aspects fall within the jurisdiction of the federate authorities (e.g. in their own public services, or concerning the management of the labour market). Vocational training is almost entirely a Community matter.
