Collective bargaining should give priority to training aspects in business policy with the aim of increasing the knowledge and professional development of employees, addressing aspects as varied as the ongoing development of skills and professional qualifications, the definition of individual rights to training, individual leave for this purpose, and especially training activities, promoting their quality and the application of subsidies to finance them. However, despite the leading role of collective bargaining in bringing training closer to workers and meeting the needs of employers to improve the skills of the workforce and improve productivity, there are still many gaps in the practice of collective bargaining. However, after the conventional search carried out, it is also possible to locate agreed regulations that give a prominent role to training, based on its consideration as a strategic element that makes it possible to make business competitiveness and productivity compatible with the importance of providing workers with the knowledge and practice appropriate to the professional skills required within the framework of a lifelong learning process, as required by European bodies.
{"title":"Continuous training in collective bargaining","authors":"María de los Reyes Martínez Barroso","doi":"10.35295/osls.iisl.2039","DOIUrl":"https://doi.org/10.35295/osls.iisl.2039","url":null,"abstract":"Collective bargaining should give priority to training aspects in business policy with the aim of increasing the knowledge and professional development of employees, addressing aspects as varied as the ongoing development of skills and professional qualifications, the definition of individual rights to training, individual leave for this purpose, and especially training activities, promoting their quality and the application of subsidies to finance them. However, despite the leading role of collective bargaining in bringing training closer to workers and meeting the needs of employers to improve the skills of the workforce and improve productivity, there are still many gaps in the practice of collective bargaining. However, after the conventional search carried out, it is also possible to locate agreed regulations that give a prominent role to training, based on its consideration as a strategic element that makes it possible to make business competitiveness and productivity compatible with the importance of providing workers with the knowledge and practice appropriate to the professional skills required within the framework of a lifelong learning process, as required by European bodies.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"37 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141816672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contemporary prison privatization has been the focus of many studies. While most research mainly looks at political factors and practical results, few have explored the organizational impact of outsourcing. Despite privatization being often seen as a sign of liberalization and deregulation, this article uses the French prison privatization example to highlight the connection between privatization and bureaucratization. Based on observation and interviews, this study makes three claims. First, it argues that prison privatization is a changing relationship between public and private sectors, leading to controversy over private accountability. Second, it suggests that outsourcing contracts create a new layer of law with public compliance officers becoming a new form of legal oversight. Third, it shows how these controllers enforce contract terms in their own interest, resulting in an adversarial legal culture between public and private services. The article concludes by suggesting a fresh approach to studying privatization using qualitative methods.
{"title":"Privatization as bureaucratization","authors":"Nathan Rivet","doi":"10.35295/osls.iisl.2019","DOIUrl":"https://doi.org/10.35295/osls.iisl.2019","url":null,"abstract":"Contemporary prison privatization has been the focus of many studies. While most research mainly looks at political factors and practical results, few have explored the organizational impact of outsourcing. Despite privatization being often seen as a sign of liberalization and deregulation, this article uses the French prison privatization example to highlight the connection between privatization and bureaucratization. Based on observation and interviews, this study makes three claims. First, it argues that prison privatization is a changing relationship between public and private sectors, leading to controversy over private accountability. Second, it suggests that outsourcing contracts create a new layer of law with public compliance officers becoming a new form of legal oversight. Third, it shows how these controllers enforce contract terms in their own interest, resulting in an adversarial legal culture between public and private services. The article concludes by suggesting a fresh approach to studying privatization using qualitative methods.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"71 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141817754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study aims to take a look at the most outstanding interpretative questions of the current regulation of collective bargaining, analysing the criteria that has been given to them by the jurisprudence of the Supreme Court. From this analysis it can be deduced that the rulings handed down on the matter have on some occasions been clarifying, providing the necessary legal certainty, on other occasions it has been a creative jurisprudence that has not failed to spark debate among scientific doctrine and, finally, in some cases, the difficulties in applying such criteria are pointed out, even pointing out on occasion the opportunity to carry out some type of legal intervention to definitively solution to the regulatory gaps detected.
{"title":"Recent judicial rulings on collective bargaining","authors":"Jesús Cruz Villalón","doi":"10.35295/osls.iisl.2095","DOIUrl":"https://doi.org/10.35295/osls.iisl.2095","url":null,"abstract":"This study aims to take a look at the most outstanding interpretative questions of the current regulation of collective bargaining, analysing the criteria that has been given to them by the jurisprudence of the Supreme Court. From this analysis it can be deduced that the rulings handed down on the matter have on some occasions been clarifying, providing the necessary legal certainty, on other occasions it has been a creative jurisprudence that has not failed to spark debate among scientific doctrine and, finally, in some cases, the difficulties in applying such criteria are pointed out, even pointing out on occasion the opportunity to carry out some type of legal intervention to definitively solution to the regulatory gaps detected.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"37 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141814933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper aims to map the possibilities of adopting social systems theory in order to couple three usually isolated domains: social theory, jurisprudence and empirical research. It argues that these different uses would be the distinctive legacy of Luhmann’s work for legal research. The text suggests that investigations interested in adopting a systemic approach for discussions in each of these three domains (or in all of them) should focus on the entanglement among interactional, decisional and functional systems. However, this presupposes some enhancements in Luhmann’s own description of law as a social system. The core hypothesis presented here is that a functional system’s out-differentiation (its specialisation in face of other communications happening in the societal environment) depends on the inner-differentiation of this system – that is, on operations backed by the very construction of specific functional-systemic institutions and semantics (including decisional programs and self-descriptions).
{"title":"The legacy of Luhmann’s sociology of law","authors":"Lucas Fucci Amato","doi":"10.35295/osls.iisl.1923","DOIUrl":"https://doi.org/10.35295/osls.iisl.1923","url":null,"abstract":"This paper aims to map the possibilities of adopting social systems theory in order to couple three usually isolated domains: social theory, jurisprudence and empirical research. It argues that these different uses would be the distinctive legacy of Luhmann’s work for legal research. The text suggests that investigations interested in adopting a systemic approach for discussions in each of these three domains (or in all of them) should focus on the entanglement among interactional, decisional and functional systems. However, this presupposes some enhancements in Luhmann’s own description of law as a social system. The core hypothesis presented here is that a functional system’s out-differentiation (its specialisation in face of other communications happening in the societal environment) depends on the inner-differentiation of this system – that is, on operations backed by the very construction of specific functional-systemic institutions and semantics (including decisional programs and self-descriptions).","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"45 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141815123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The VioGén system is a predictive policing and algorithm tool, which has been implemented in Spain since 2007. Its main objective is to assess the risk of a woman of being victim of intimate partner violence and proposing measures for her protection accordingly. This work will focus on one of the most essential parts of the tool’s functioning: the data collection process. I intend to illustrate how this process of data collection can be influenced by the bias and stereotypes that have been constructed within criminal law concerning gender violence victims and the way this affects, in the end, the system’s functioning.
{"title":"The relevance of the data collection process in the VioGén system from a feminist perspective","authors":"Javiera Farías Pereira","doi":"10.35295/osls.iisl.1922","DOIUrl":"https://doi.org/10.35295/osls.iisl.1922","url":null,"abstract":"The VioGén system is a predictive policing and algorithm tool, which has been implemented in Spain since 2007. Its main objective is to assess the risk of a woman of being victim of intimate partner violence and proposing measures for her protection accordingly. This work will focus on one of the most essential parts of the tool’s functioning: the data collection process. I intend to illustrate how this process of data collection can be influenced by the bias and stereotypes that have been constructed within criminal law concerning gender violence victims and the way this affects, in the end, the system’s functioning.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"5 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141816559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper aims to offer a contribution for the debate on how to decolonize sociolegal thinking by discussing possibilities of decolonizing legal pluralism. Avoiding the endless debate about what is law, and focused on the need to disobey modern epistemological hierarchies, I use a cartographic metaphor – law as map - to argue that legal centralism is not only a fiction, but a Eurocentric instrument that limits political imagination. Law, in its plurality, is an indicator of the world’s possibilities. Legal pluralism must be more than a marginal field, but a core instrument to expand legal and political possibilities. After addressing the role of modern law as an instrument that legitimizes capitalism, I claim that we need to move ahead from modern dichotomies that fail to decolonize science. Finally, using notes from fieldwork in East-Timor and Mozambique, I reflect as a feminist woman on how to learn from unfamiliar legal maps.
{"title":"Legal pluralism as co-presence","authors":"Sara Araújo","doi":"10.35295/osls.iisl.1931","DOIUrl":"https://doi.org/10.35295/osls.iisl.1931","url":null,"abstract":"This paper aims to offer a contribution for the debate on how to decolonize sociolegal thinking by discussing possibilities of decolonizing legal pluralism. Avoiding the endless debate about what is law, and focused on the need to disobey modern epistemological hierarchies, I use a cartographic metaphor – law as map - to argue that legal centralism is not only a fiction, but a Eurocentric instrument that limits political imagination. Law, in its plurality, is an indicator of the world’s possibilities. Legal pluralism must be more than a marginal field, but a core instrument to expand legal and political possibilities. After addressing the role of modern law as an instrument that legitimizes capitalism, I claim that we need to move ahead from modern dichotomies that fail to decolonize science. Finally, using notes from fieldwork in East-Timor and Mozambique, I reflect as a feminist woman on how to learn from unfamiliar legal maps.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"46 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141348237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The essay presents the findings of a research study that investigated the legal and professional culture of prison officers responsible for supporting and rehabilitating inmates. The professional roles of educators, social workers, and experts in psychology and criminology were introduced into the Italian prison system following the reform of 1975 and subsequent amendments. Nearly 50 years after the reform came into effect, numerous questions remain open regarding the impact within the Italian prison system. Specifically, the research sought to determine to what extent these experts have influenced the professional culture and the culture of punishment among prison actors in Italy. Furthermore, more generally, the study questioned the impact of these roles on Italian prison practices. The results stem from three distinct periods of direct and participant observation during which the researcher served as a prison educator at a Northern Italian prison. The qualitative data collected suggest that treatment officers have only partially influenced the professional culture of other prison actors. Moreover, there appeared to be limited ability to alter the daily practices of the prison. Instead, these officers seem to have been profoundly influenced by the prison environment, which has facilitated the development of at least three critical issues addressed in the text: bureaucratization, defensive behaviour, and adherence to a punitive culture.
{"title":"Prison educators in the shadow of prison rules","authors":"Giovanni Torrente","doi":"10.35295/osls.iisl.2052","DOIUrl":"https://doi.org/10.35295/osls.iisl.2052","url":null,"abstract":"The essay presents the findings of a research study that investigated the legal and professional culture of prison officers responsible for supporting and rehabilitating inmates. The professional roles of educators, social workers, and experts in psychology and criminology were introduced into the Italian prison system following the reform of 1975 and subsequent amendments. Nearly 50 years after the reform came into effect, numerous questions remain open regarding the impact within the Italian prison system. Specifically, the research sought to determine to what extent these experts have influenced the professional culture and the culture of punishment among prison actors in Italy. Furthermore, more generally, the study questioned the impact of these roles on Italian prison practices. The results stem from three distinct periods of direct and participant observation during which the researcher served as a prison educator at a Northern Italian prison. The qualitative data collected suggest that treatment officers have only partially influenced the professional culture of other prison actors. Moreover, there appeared to be limited ability to alter the daily practices of the prison. Instead, these officers seem to have been profoundly influenced by the prison environment, which has facilitated the development of at least three critical issues addressed in the text: bureaucratization, defensive behaviour, and adherence to a punitive culture.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"72 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141348169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Do offenders have a right “to be forgotten”? What is the content of this right, and against whom can it be exercised? These questions have become more pressing with the irruption of new information and communication technologies, which entail a new risk of perpetuating a virtual criminal record. The growing role of the digital archives of the press has led some jurisdictions to adopt different measures to anonymise or de-reference personal data. The Strasbourg Court, historically reluctant to accept any interference with the initial publication of personal data concerning convicted offenders, has recently dealt with the compatibility of different measures involving the anonymisation or de-indexing of news articles in the digital archives. This contribution describes these recent legal developments, focusing on the criteria developed by Strasbourg to assess the legitimacy of anonymisation measures adopted by States in response to right-to-be-forgotten requests against the media.
{"title":"The right to be forgotten concerning the criminal past: Developments in the case law of the European Court of Human Rights with particular reference to the anonymisation of digital press archives","authors":"Mikel Anderez Belategi","doi":"10.35295/osls.iisl.1938","DOIUrl":"https://doi.org/10.35295/osls.iisl.1938","url":null,"abstract":"Do offenders have a right “to be forgotten”? What is the content of this right, and against whom can it be exercised? These questions have become more pressing with the irruption of new information and communication technologies, which entail a new risk of perpetuating a virtual criminal record. The growing role of the digital archives of the press has led some jurisdictions to adopt different measures to anonymise or de-reference personal data. The Strasbourg Court, historically reluctant to accept any interference with the initial publication of personal data concerning convicted offenders, has recently dealt with the compatibility of different measures involving the anonymisation or de-indexing of news articles in the digital archives. This contribution describes these recent legal developments, focusing on the criteria developed by Strasbourg to assess the legitimacy of anonymisation measures adopted by States in response to right-to-be-forgotten requests against the media.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"5 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141266638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
According to Article 23 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) States Parties shall ensure the rights and responsibilities of such persons with regard to adoption of children. This article has a limited application in practice due to a traditional prejudice towards sexuality and motherhood/parenthood of these people, even proposing the adoption of their biological children. This contribution focuses on the analysis of the configuration of adoption in the aforementioned Article 23.2 CRPD, based on significant examples of Comparative Law. First, it studies the health and financial requirements for adopters, which often hide direct or indirect discrimination against the people with disabilities. Second, this paper explores the meaning of the concept of `supportˊ, which is aimed at ensuring that persons with disabilities can adopt on an equal basis with others. Third, it analyzes the scope of the expression ˊin all cases the best interests of the child shall be paramountˊ, with a view to examining whether it jeopardises the effectiveness of Article 23.2 CRPD in practice.
{"title":"The adoption by persons with disabilities","authors":"Alma María Rodríguez Guitián","doi":"10.35295/osls.iisl.1950","DOIUrl":"https://doi.org/10.35295/osls.iisl.1950","url":null,"abstract":"According to Article 23 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) States Parties shall ensure the rights and responsibilities of such persons with regard to adoption of children. This article has a limited application in practice due to a traditional prejudice towards sexuality and motherhood/parenthood of these people, even proposing the adoption of their biological children. This contribution focuses on the analysis of the configuration of adoption in the aforementioned Article 23.2 CRPD, based on significant examples of Comparative Law. First, it studies the health and financial requirements for adopters, which often hide direct or indirect discrimination against the people with disabilities. Second, this paper explores the meaning of the concept of `supportˊ, which is aimed at ensuring that persons with disabilities can adopt on an equal basis with others. Third, it analyzes the scope of the expression ˊin all cases the best interests of the child shall be paramountˊ, with a view to examining whether it jeopardises the effectiveness of Article 23.2 CRPD in practice.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"4 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141266337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The ageing of the population is a fact, and also a worldwide social concern. There are two underlying problems in the business world that must be connected: On one hand, the need for older people to remain in the labour market and, on the other hand, the prejudices that exist in the business world in relation to older people. The plans known as generational diversity plans are essential for keeping older people in the labour market but, taking into account previous experiences, these plans should be developed in the field of the collective bargaining, preferably in a mandatory manner, which is not currently the case.
{"title":"The era of the “golden workers” and the collective bargaining challenges for the age management in companies","authors":"Mariola Serrano Argüeso","doi":"10.35295/osls.iisl.2078","DOIUrl":"https://doi.org/10.35295/osls.iisl.2078","url":null,"abstract":"The ageing of the population is a fact, and also a worldwide social concern. There are two underlying problems in the business world that must be connected: On one hand, the need for older people to remain in the labour market and, on the other hand, the prejudices that exist in the business world in relation to older people. The plans known as generational diversity plans are essential for keeping older people in the labour market but, taking into account previous experiences, these plans should be developed in the field of the collective bargaining, preferably in a mandatory manner, which is not currently the case.","PeriodicalId":508645,"journal":{"name":"Oñati Socio-Legal Series","volume":"5 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141266567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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