scholarly journals La tutela de los trabajadores especialmente sensibles a los riesgos en el desarrollo de su relación laboral

2008 ◽  
pp. 1
Author(s):  
Beatriz Agra Viforcos
Keyword(s):  
Personal Information ◽  
Health Condition ◽  
Private Life ◽  
State Of Health ◽  
Protective Measures ◽  
Labour Relation ◽  
Good Selection ◽  
Unfair Dismissal ◽  
Selection Test ◽  
The Right

La LPRL otorga protección genérica a todo trabajador y diferenciada a determinados colectivos, entre ellos los denominados especialmente sensibles. Así, su art. 25 prohíbe adscribir al sujeto a tareas cuyo desarrollo implique peligro para él o terceros debido a las características personales, estado biológico, discapacidad u otra situación transitoria durante la cual no responda a las exigencias psicofísicas del puesto; contexto idóneo para convertir a la vigilancia de la salud en instrumento de selección de mano de obra y en amenaza para intimidad e igualdad. También impone al empresario una atención particularizada, y adoptar medidas preventivas y de protección adecuadas, respecto a empleados cuya sensibilidad surja o sea conocida vigente la relación; el principio de adaptación del trabajo al trabajador exige alejarle del riesgo, forzando, incluso, la movilidad funcional o geográfica (no condicionadas al origen profesional de una eventual dolencia), o impidiéndola, y convirtiendo a la extinción en ultima ratio. El despido por omisión de datos clínicos o personales será nulo (art. 18 CE); únicamente improcedente si la causa de la resolución es la falta de capacidad por enfermedad, pues la jurisprudencia no lo estima discriminatorio.<br /><br />The LPRL provides, with a generic protection for all employees, a specific one, aimed at certain groups; one of this, the "especially sensitive workers". In such a way that its article 25 bans ask the employee, in view of his state of health or capacity, to carry on potentially dangerous activities, for him o for other people. In this context, the surveillance of workers' health condition is a good selection test for the labour and a threat for private life and equality. Also imposes to the entrepreneur a single attention and the obligation of adopt the right preventive and protective measures as regards the employees whose sensitive arises or is known current the labour relation. The principie of adapt the work to the worker requires to move him away from the risk, even forcing the mobility between functions or places (or, even, banning the transfer to a workplace dangerous for him) and turning the dismissal into the last option. The dismissal with origin in the omission of clinical or personal information will be annulled (art. 18 CE); only unfair dismissal if the reason is the lack of capacity because illness, due to according to jurisprudence, it is not discriminatory.

Information privacy: protecting freedom and individual autonomy

2021 ◽  
Vol 4 (2) ◽  
pp. 145-157
Author(s):  
Lesya Chesnokova
Keyword(s):  
Personal Information ◽  
Information Privacy ◽  
Private Life ◽  
Social Recognition ◽  
The Body ◽  
Individual Autonomy ◽  
Human Right ◽  
Right To Information ◽  
The Individual ◽  
The Right

The article examines the individual’s right to information privacy as an opportunity to have a non-public area of life. It is argued that a person, being a vulnerable creature, feels the need for secrecy, closeness and opacity of his or her personality. The right to information privacy does not mean complete concealment of private life, but the possibility of regulating access, when individuals can choose whom, when and to what extent to reveal the details of their lives. This presupposes both a person who feels him or herself to be an autonomous person and a society that respects his or her rights and freedoms. There is a duty of restraint and tact, which prohibits violating someone else’s privacy. As one of the aspects of privacy, in addition to the inviolability of the body and home, the human right to information protection is recognized. The theoretical foundation of the right to privacy is the philosophy of liberalism, which protects the individual from unwanted interference from the state and society. The need for private space has evolved in human history along with the growth of individualism. Currently, the right to information privacy is gaining special relevance in connection with the development of digital technologies that allow collecting, storing and processing large amounts of data. As a result, a person, on the one hand, does not know who, when and for what purpose collects his or her data, and, on the other hand, he or she often voluntarily, in connection with the need for social recognition, leaves information about him or herself on social networks. As a result of such actions, the loss of control over personal information can lead to undesirable consequences.

PRIVACY PROBLEM IN A DIGITAL EPOCH

2020 ◽  
pp. 36-50
Author(s):  
Irina Aseeva
Keyword(s):  
Information And Communication Technologies ◽  
Consumer Choice ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Private Life ◽  
The Right To Privacy ◽  
Democratic State ◽  
Privacy Problem ◽  
The Right

Being an inalienable right of a citizen of a democratic state, the right to privacy of life in the digital age is exposed to constant intrusions and encroachments. Private life is becoming an object of interest for the public, state intelligence agencies, commercial organizations, and crime, who have received the opportunity through information and communication technologies not only to look after a person through correspondence and analysis of personal data, but also to manipulate consumer choice, generate demand, track movements and contacts. At the same time, as the results of sociological studies show, modern society itself is becoming more open, and users of Internet resources give the important personal information, often voluntarily post terabytes of photos and videos, losing the border between privacy and publicity, morally acceptable and legally prohibited.

scholarly journals Digital Profile: Main Risks for Constitutional Human Rights in the face of Legal Uncertainty

Lex Russica ◽  
2021 ◽  
pp. 88-101
Author(s):  
A. N. Mochalov
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Legal Regulation ◽  
The State ◽  
Private Life ◽  
The Right To Privacy ◽  
Depth Analysis ◽  
The Face ◽  
Monitoring And Forecasting ◽  
The Right

The paper considers the main threats to human rights in connection with the introduction of digital profiles in the Russian Federation. Rights such as the right to privacy and the right to dignity are most at risk. In addition, the risk of discrimination increases. Analyzing the current legal regulation of the digital profile, the author concludes that it does not meet the criterion of legal certainty and creates increased risks of intrusion of the state and private structures into the sphere of a person’s private life. Despite the fact that currently digital profiles of citizens are only a set of official information contained in some state information systems and public registers, according to the author, in the future, this infrastructure can be used for profiling people, in-depth analysis, monitoring and forecasting their behavior, as is already done today by some other states and nongovernmental organizations.The legal regulation of the digital profile should be based on special guarantees of human rights in connection with the collection and processing of personal information about citizens available to the state. Among such guarantees, the author includes, in particular, the establishment in the law of a list of information that cannot be part of a digital profile of a citizen or be otherwise related to it, a list of unacceptable purposes for using digital profiles, as well as the establishment of the obligation of operators to inform subjects in an accessible form about the facts and legal consequences of profiling, about the principles and logical schemes underlying profiling.

Recognition of a Person’s Rights and Ethical Fulfilment

2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Human Rights ◽  
Self Esteem ◽  
Private Life ◽  
Fundamental Rights ◽  
Ethical Life ◽  
Institutional Conditions ◽  
Level I ◽  
The Right ◽  
Forms Of Violence ◽  
Desperate Attempt

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.

Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy

2013 ◽  
Vol 20 (1) ◽  
pp. 63-78
Author(s):  
Maria Inês de Oliveira Martins
Keyword(s):  
International Law ◽  
Health Information ◽  
Personal Information ◽  
Relevant Information ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Access To Health ◽  
Health Related ◽  
Principle Of Proportionality ◽  
The Right

Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.

The Culture of Criticism

PMLA ◽  
1984 ◽  
Vol 99 (3) ◽  
pp. 371-397 ◽  
Author(s):  
Geoffrey H. Hartman
Keyword(s):  
Walter Benjamin ◽  
Social World ◽  
Private Life ◽  
Literary Studies ◽  
Form Of Life ◽  
A Value ◽  
Life Itself ◽  
The Right

For those who approach literary studies with literary sensitivity, an immediate problem arises. They cannot overlook style, their own or that of others. Through their concern with literature they have become aware that understanding is a mediated activity and that style is an index of how the writer deals with the consciousness of mediation. Style is not cognitive only; it is also recognitive, a signal betraying the writer's relation, or sometimes the relation of a type of discourse, to a historical and social world. To say that of course words are a form of life is not enough: words at this level of style intend a statement about life itself in relation to words, and in particular to literature as a value-laden act. Thus, even without fully understanding it, one is alerted by a similarity in the opening of these two essays: The Right Reverend Father in God, Lancelot Bishop of Winchester, died on September 26th, 1626. During his lifetime he enjoyed a distinguished reputation for the excellence of his sermons, for the conduct of his diocese, for his ability in controversy displayed against Cardinal Bellarmine, and for the decorum and devotion of his private life. (Eliot, Lancelot 13) One afternoon, Walter Benjamin was sitting inside the Café des Deux Magots in Saint Germain des Prés when he was struck with compelling force by the idea of drawing a diagram of his life, and knew at the same moment exactly how it was to be done. He drew the diagram, and with utterly typical ill-luck lost it again a year or two later. The diagram, not surprisingly, was a labyrinth. (Eagleton, Pref.)

Any Role for Human Rights in the Norwegian Truth and Reconciliation Commission Addressing Forced Assimilation?

2021 ◽  
pp. 1-25
Author(s):  
Hans Morten Haugen
Keyword(s):  
Human Rights ◽  
Private Life ◽  
Truth And Reconciliation Commission ◽  
Political Life ◽  
Final Report ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
The North ◽  
National Minorities ◽  
The Right

Abstract Norway’s policies regarding Sámi and most national minorities in an historic perspective can be characterized as forced assimilation; except for Jews and Roma, where the historic policy can be termed exclusion. The Norwegian Truth and Reconciliation Commission (trc) is intended to be a broad-based process, resulting in a report to the Norwegian Parliament in 2022. After identifying various explanations for the relatively strong standing of the (North) Sámi domestically and in international forums, the article identifies various ways that human rights will be important for the trc’s work and final report: (i) self-determination; (ii) participation in political life; (iii) participation in cultural life; (iv) family life; (v) private life; and (vi) human dignity. Some of these rights are relatively wide, but all give relevant guidance to the trc’s work. The right to private life did not prevent the Norwegian Parliament’s temporary law to enable the trc’s access to archives

CONCEALED BIRTHS, ADOPTION AND HUMAN RIGHTS LAW: BEING WARY OF SEEKING TO OPEN WINDOWS INTO PEOPLE'S SOULS

2012 ◽  
Vol 71 (2) ◽  
pp. 325-354 ◽  
Author(s):  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Personal Autonomy ◽  
Private Life ◽  
European Convention ◽  
Biological Father ◽  
Legal Decisions ◽  
The United Kingdom ◽  
Biological Family ◽  
The Right ◽  
Confidentiality And Privacy

AbstractAlthough rare, giving birth in secret or in concealed circumstances still happens in the United Kingdom. The new born child's existence is unknown to his or her biological ‘father’ and or to the wider biological family of the birth giver who wishes to place the child for adoption without his or her existence being revealed to them. Legal decisions need to be made judicially when a local authority seeks orders as to whether it is required to make further inquiries to identify and notify the biological father and or wider biological family as to any forthcoming adoption proceedings. Developments in European human rights law's protection of a right to respect one's private life provided by Article 8 of the European Convention on Human Rights (ECHR) towards a right to personal autonomy, identity and integrity can be interpreted in different ways. However, three positions are argued here to guard against an erosion of women's confidentiality and privacy in these circumstances. First, women's choices of concealment should be accepted with respect rather than perceived as inauthentic and therefore impermissible; this is in keeping with Article 2's right to life and Article 8's right to personal autonomy and integrity. Second, the right to family life protected by Article 8 of any wider biological family and father is not contravened by allowing women to give birth discreetly. Third, openness and transparency, when it comes to exact knowledge of one's parents in this context is not necessary for a child's identity rights, which are also protected by Article 8's right to personal identity, to be legally protected.

Sign in / Sign up

Export Citation Format

Share Document