68 resultados para social justice and schooling


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In the Viking and Laval judgments and more recently in the Comm. v. Germany ruling, the Court of Justice applied the proportionality test to collective rights, setting a series of restrictions to the exercise of the right to strike and the right to collective bargaining. The way the ECJ balances the economic freedoms and the social rights is indeed very different from that of the Italian Constitutional Court. Unlike the European Union Treaties, the Italian Constitution recognizes an important role to the right to take collective action which has to be connected with article 3, paragraph 2, consequently the right of strike is more protected than the exercise of economic freedoms.

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In the face of what looks like a real impasse of the the line of European constitutionalism, partly due to an orientation of the Court of Justice which tends to favor the protection of economic freedoms over the protection of social rights, two opposing trends occurr. The first amounts to a new "constitutional patriotism"; the second entrusts the protection of fundamental social rights no longer to a single Chart or to a single court but to a multi-level system of protection. A dialogue between the European courts that truly valorizes fundamental rights, however, might be hindered by what someone has seen as a resurgence of the dualist theories, evident in an ECJ’s decision as Kadi.

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The most recent official statistics reveal that over a quarter of Egypt’s population still live in poverty, a third of its youth are unemployed and three out of five children are malnourished. Much of the criticism of Egypt’s human rights record, particularly after the Arab Spring, remains focused on the country’s civil and political rights, and freedoms with an intentional (or unintentional) disregard to socioeconomic rights, fuelling widespread poverty, deteriorating living standards, socioeconomic exclusion and unequal and/or degrading treatment. This paper examines the socioeconomic policies of exclusion that are still undermining the enjoyment of basic citizenship rights in Egypt.