Sunday, February 16, 2020

Labour Law in Canada Final EXAM Assignment Example | Topics and Well Written Essays - 1250 words

Labour Law in Canada Final EXAM - Assignment Example Closed shops: The position or status of closed shops varies in the provinces of Canada. A closed shop can be a type of union safety contract where the employer confirms to hire union associates simply, and employees ought to stay associates of the union continually. Union security measures, as well as specially the closed along with union shop, allow unions higher bargaining strength than they'd have experienced under an openshop set up. Statutory Freeze: Labour statutes within every single province as well as in the federal legal system offer a freeze in a couple of specific circumstances: in negotiating for any renewed collective settlement and in bargaining to get a very first collective contract. From the very first agreement scenario, many statutes give 2 distinct freezes, the one that starts once the union applies pertaining to certification, then one that takes place as soon as the union is licensed. In negotiating for a restoration contract, usually the older collective agree ment may expire prior to the latest agreement is agreed upon. Positive Obligation of the state: Positive obligations grant states not to avoid particular steps, but to take action. Similarly with the individuals experiencing human rights requirements, states ought to stop third parties from messing up the standard of living. The labor law will be important in implementing the action plans from government that brings prosperity in society. Part B short Answers: Answer 1. Explain the Legal status of Unions†¦ The status of Unions has been changing during the period of 1920 and 1960s. Both countries almost had similar workplaces for the workers. During that period there was a rise in the popularity of memberships for labor unions. However, after 1965 in USA there was a marginal decline in the popularity of labor unions but in Canada this concept was on a steady way. The reason behind this fluctuation was the impact of globalization. In Canada there has been a tough competition rega rding the manufacturing industry. It was made very easy to join unions simply by signing a special card. This process is also called card check. There are four points under this: the legal status of unions in Canada has encouraged the democratic culture practices, they have made the employment and social objectives wide spread for their members. While reviewing the Canadian labor law Federal Force stated that the trade union of Canada has a high level of internal democracy and they truly have feeling and show keen interest for their members. Then the next point is that, unlike American and British unions Canadian unions do not have any stain like corruption and uncontrollable militancy. However, there were quite a few incidents of corruption but, they were not the main part of labor union, many of them were expelled to make sure that the true leadership is widespread. Thirdly, the political continuation has never been there; in other words, the demand for prolonged union affairs int ernally had positive aspects for the effectiveness of organizations. Those who wanted â€Å"union democracy† never acquired that influence they had in America and Britain. Then the last thing, self-government has a deep influence on Canadian legislator and courts, the way the British common law concept of union was. The membership concept was taken completely personal and contractual, and this is why they do not view it internally the union matters. Membership had been there without a political or group pressure.

Sunday, February 2, 2020

Prisoner Torture Research Paper Example | Topics and Well Written Essays - 2000 words

Prisoner Torture - Research Paper Example In spite of the severe implications that the technique has on the criminals or the suspected offenders, torture is legally accepted in many countries as a way of extracting confession and preventing crime (Paust, 2005, p821). Regardless of the level of the crime that a person has committed, it is unacceptable to use torture methods as a way of obtaining confession from the captive because it is a violation of human rights in addition to being ineffective and against religious beliefs. Any form of torture is a violation of human rights. According to Alfred (2006, p 62), prisoners retain their human rights and the basic freedoms with exception of the conditions presented by the environment within the areas of incarceration. However, the conditions of the incarceration should not exacerbate the suffering that is inherent in the prison. Torture is one of the most common methods that violate the fundamental human rights of the prisoners. However, the international law provides protection to all prisoners against any form of torture by prohibiting the practice. According to Alfred (2006, p69), the prohibition is an issue of jus cogens, an authoritative standard of the international law custom that bids all countries in the world. ... This is totally unacceptable because unlike other forms of human suffering, authorized persons carry out torture deliberately. In this respect, the most important aspect of torture is not only the pain, but also the fact that it is intentionally inflicted on a person to achieve a particular objective including obtaining confession from a person. Other forms of torture include deprivation of basic needs such as sleep, food and other necessities, which result to a lot of pain or suffering to the deprived person (Basoglu, 2009, p137). Although the immediate effect of torture is physical and mental suffering, Basoglu (2009, p 143) noted that another immediate impact and objective of the practice is to break the spirit or resoluteness of a prisoner. Torture is structured to demolish the identity of a strong person, making him or her conform to the ideologies of particular leader in authority. Autocratic and intolerant regimes in different countries apply torture to silence opposition, uni on, ethnic and leaders of the minority groups into submission. This treatment is violation of the Universal Declaration of Human Rights, which articulates the basic rights of people in 30 articles. Torture violates human rights because it lowers the dignity of the prisoner and it threatens his right to life, freedom and security by inflicting mental and physical pain. Moreover, the universal declaration of human rights prohibits any form of cruel, degrading and inhuman treatment (Parry, 2003, p241). One of the most repugnant characteristics of torture is that it erodes the dignity of one person by another (Lawrence and Travis, 2004). Torture, is a form of asserting authority and control by inflicting