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en línea para Revistas Científicas de América Latina,
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ISSN: 2310-2799

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546,196 artículos

Año: 2019
ISSN: 2695-575X, 1885-589X
Adnane, Souad
Laboratorio de Ideas y Prácticas Políticas (LIPPO) de la Universidad Pablo de Olavide
The present article is aimed at analyzing the situation of women’s property rights in the MENA region on the basis of a “comprehensive” definition of property rights. It identifies and illustrates the obstacles that undermine women’s access to property, especially from a legal perspective, how they interplay with one another, and suggests possible venues for change.
Año: 2019
ISSN: 2448-7899, 1870-4670
Madero-Cabib, Ignacio; Palomo Vélez, Rodrigo; Jofré Bustos, María Soledad
Instituto de Investigaciones Jurídicas
Based on national and international literature, in this manuscript we discuss different dimensions involved in policies that seek to encourage employment for older persons as well as retirement beyond full pension age. Concretely, we first discuss the current labor force participation of older men and women, their working conditions, and the occupational trajectories and pension contribution histories of individuals who are now close to the retirement age. Second, we refer to the ongoing discussion on the extension of working life and the delay of the full pension age in different countries. Third we discuss the main health challenges that older people in Chile currently face. Fourth, we refer to the cultural context associated with older individuals in this country. Finally, in the conclusion, we summarize the discussed aspects through the manuscript and suggest orientations that, from our point of view, should consider a public policy that seeks to encourage later retirement.
Año: 2019
ISSN: 2448-7899, 1870-4670
Escribá Pérez, Ana Nieves
Instituto de Investigaciones Jurídicas
The principles of Equality and Universality are basic in application if what is intended is the achievement of a social system based on the Social and Democratic State of Law. These basic principles are those that should prevail before all the people that make up a society and, although it is true that it is what we must pursue and achieve, there are particular cases about certain benefits that become an exception to the rule that it is the case of the benefit for a dependent child or minor that details a series of connotations that, without pretending it in its base, end up being not equal or universal for all the people
Año: 2019
ISSN: 2448-7899, 1870-4670
Morales Ramírez, María Ascensión
Instituto de Investigaciones Jurídicas
New forms of work, technological changes, demographic and epidemiological conditions, poverty and inequality pose challenges and require that social security keep pace with the changes, diversifying and adapting to benefit the entire population. In this context, international solutions that focus on new forms of supplementing or strengthening social security systems have emerged as a reaction to current and future employment transformations. These consider technology as a social product to be controlled through the social agenda to achieve a fair transition based on solidarity and principles of social justice, social inclusion and human well-being. Thus, in considering a package of minimum benefits for all persons, the social protection floor clearly sets out the role of government and the private sector in the provision, funding and regulation of the system. Meanwhile, the Universal Basic Income responds to the uncertainty over the number of available jobs in an increasingly digital economy with the goal of democratizing wealth, promoting social inclusion and empowering people with fewer resources. Under a social dimension approach, both solutions aim to reconcile the process of adaptation in a changing world, address the commodification of work and the protection of those who are not part of a work relationship, and encompass the different stages of people’s life cycle.
Año: 2019
ISSN: 2448-7899, 1870-4670
Magoja, Eduardo Esteban
Instituto de Investigaciones Jurídicas
The aim of this paper is to analyse some interpretative criteria that are followed in Argentine judicial practice when judges apply the rules that regulate the continuation of the company in bankruptcy by the workers. Following a temporal and jurisdictional criterion, our study focuses on resolutions pronounced by the Commercial Courts of Appeal in the last two years. The intention of this is to have a current outlook about how that jurisdictional organism has pronounced on the topic. We seek to demonstrate that judges justify mainly their decisions through a teleological argumentation, and that also they favour to optimize the fundamental right to work when consider all the interests in conflict in the bankruptcy legal process.
Año: 2019
ISSN: 2448-7899, 1870-4670
Mendieta González, David; Jaramillo, Carmen Elena
Instituto de Investigaciones Jurídicas
According to the Colombian Constitution in its Article 49 the principles of Social Security are efficiency, universality and solidarity. In 1993, the Congress of the Republic issued Law 100, which is the basis for the provision of this right in general and health in particular. In 25 years, all Colombians were covered by the system, but there are many voices that denounce their crisis. Using a descriptive-analytical methodology it was possible to conclude that we have reached universality, but we have an inefficient system. The sources used are legal norms, doctrine and jurisprudence.
Año: 2019
ISSN: 2448-7899, 1870-4670
García Arizaga, Karen Yarely; Pérez Padrón, Diana
Instituto de Investigaciones Jurídicas
Workers in the service of the State represent a labor sector unprotected by various local bureaucratic social security laws, to mention a specific case of temporary workers, since they are excluded from the application of the law or do not fully enjoy that right. The main objective of this article is to demonstrate the discriminatory treatment suffered by bureaucratic workers by reason of the category assigned by the temporary nature of their appointment with respect to permanent workers, given that in social security they receive different protection, despite the fact that both provide a personal service and subordinate to the State. It is hypothesized that for the recognition of the human right to social security of bureaucratic workers their status should not be a determining factor and that federal and local legislation must be in accordance with the principle of equality to guarantee recognition and access to this straight. To do this, it used the comparative method for the analysis of local legislations in both bureaucratic and social security matters, also, the case study described the situation of vulnerability of some sectors of these workers.
Año: 2019
ISSN: 2448-7899, 1870-4670
Domínguez Morales, Ana
Instituto de Investigaciones Jurídicas
This paper exams the specific reality of the exercise of collective labour rights in the digital economy in context of industry 4.0, specifically about problems that working on platforms create. Social dialogue plays an essential role, which includes not only traditional trade unions but also groups of self-representation of platform workers. In fact, ILO institutions and the European Union institutions, consider social dialogue like something neccesary to deal with the challenges posed by this new work reality extended all over the world. The reality shows that the organization of labour interest model in changing, as well as the collective action mechanisms that are been adopted. For this reason we need first the recognition of labour rights to all of this workers and then, the reorganization of the collective structure and tools of action, and an effective collective bargaining. In short, this work enphasizes the protection of collective rights of workers who have not yet been able to obtain answers about the legal nature of their work.
Año: 2019
ISSN: 2448-7899, 1870-4670
Monteiro Pessoa, Rodrigo
Instituto de Investigaciones Jurídicas
The debate on the efficiency of social security systems is present, and points out factors such as the aging of the population, the increase in life expectancy, the international economic crises, as being worrisome. In this process, the low pensions of some systems are perceived, which are not able to ensure the dignified life of their insured. This article studies the case of the Chilean individual capitalization system, in comparison with the modern constitutional interpretation that assures all people a vital minimum for a dignified existence, based on the protection of life, dignity, freedom, equality and solidarity.
Año: 2019
ISSN: 2448-7899, 1870-4670
Soberanes Díez, José María
Instituto de Investigaciones Jurídicas
The purpose of this paper is to analyze the content and scope of the constitutional right to equal pay, and the rational procedure to be followed in order to determine when this right is violated.

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