1 |
Hemlig dataavläsning och skyddet för den personliga integriteten / Government hacking and the right to privacyÅhlin, Jorun January 2021 (has links)
No description available.
|
2 |
Vaccination som krav för att arbeta – en förutsättning för en god arbetsmiljö eller en integritetsinskränkning? : - Om vaccinationskrav mot covid-19 i förhållande till arbetsgivarens skyldigheter och arbetstagarens integritet / Mandatory vaccination - the employers’ obligations and the employee’s integrityMelazade, Narin January 2022 (has links)
Since the beginning of 2020, the ongoing covid-19-pandemic has dictated the way of life. Globally the covid-19-pandemic has affected every level of society, not least at the workplace. More and more countries are introducing statutory vaccination requirements for employees. For now, statutory vaccination requirements for employees are not in order in Sweden even though an increasing number of employers require vaccination against covid-19. The issue of whether the employer can require vaccination against covid-19 is a controversial topic, yet to be tried in court. The thesis addresses the issue of mandatory vaccination concerning the employer’s obligations and the integrity of the employee. With the conflict of interest as a starting point, the thesis examines Swedish law to answer whether vaccination requirements from the employer are according to the law. Initially, the employer’s general obligations regarding the working environment, what the employer’s obligations are regarding the prevention of spreading covid-19, and what measures the employer can take to fulfill their obligations are examined. Secondly, the thesis examines if a vaccination requirement is an interference with the protection of the employee’s integrity and if such interference can be acceptable. Thereafter using three typical cases the thesis discusses whether employers can require vaccination against covid-19 and in what situation, and what measures the employer can take if an employee or jobseeker opposes the requirements. To answer these questions the main material examined in the thesis is the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, the Instrument of Government, the Work Environment Act, the Employment Protection Act, the Health and Medical Services Act, the General Data Protection Regulation, case law from the European Court of Human Rights, Court of Justice of the European Union and the Swedish labour court and relevant legislative history. The thesis finds that due to the employer’s obligations the employer must take all measures to avoid and minimize the risk of accidents and illness. Besides the obligations regarding the working environment and the employee’s wellbeing employers in health care also have obligations to provide patient-safe care to prevent healthcare injuries. However, the measures should not be disproportionate to the sought outcome. In the event of major risks to life and health, the employer must take far-reaching measures. Regarding the extent of the employer’s obligation, the legal situation is unclear. Furthermore, the thesis finds that the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, and the Instrument of Government 3 covers vaccination requirements. Interferences with the protection of bodily integrity can be justified if, after a proportionality assessment, they meet the requirements of legality, satisfy a legitimate aim, and are necessary for a democratic society. Moreover, the thesis finds that employers, depending on the nature of the work and the degree of risk of infection, can require vaccination against covid-19. Other important factors that affect the employer’s ability to set vaccination requirements are whether it is possible to take other less intrusive preventive measures and whether the risk of infection in each task constitutes a real risk to life or health. The thesis finds that the employer, if there is a great risk of infection, can relocate employees and ultimately dismiss employees who do not meet the requirements. Withal the thesis finds that relocation or dismissal is unlawful if the risks of infection are minimal and can be prevented by less intrusive measures.
|
3 |
En rättslig analys av det s.k. kringresanderegistret : Problem och lösningarMemetovic, Sunita January 2016 (has links)
No description available.
|
4 |
Familj – till vilket pris? : Ett genusperspektiv på det utvidgade försörjningskravet vid anhöriginvandring och dess inverkan på rätten till familjeliv / Family – to What Price? : A Gender Law Perspective on the Extended Resources Condition for Family Reunification and its Impact on the Right to Family LifeAndersson, Johanna January 2022 (has links)
In the autumn of 2022 Sweden stands before a pivotal moment in its migration policy. A new government intends to impose significantly stricter requirements on immigration to the country and thereby adapt the regulatory framework to the minimum level provided by EU law. Yet action towards this adaption was taken already in 2016, when an extended maintenance requirement for family reunification was introduced in Law 2016:752 concerning temporary restrictions on the granting of permanent residence permits for asylum seekers. The requirement meant that a third country national living in Sweden, who wanted a family member to live in the country, had to be able to financially support both themselves and the family member. They would also have to provide a home of sufficient size and standard for them all to live in. In 2021 the extended resources requirement was introduced as a permanent feature in the Swedish Aliens Act. At that time several referral institutes had advised against this implementation in the preparatory works before the law, raising questions as to whether the requirement would be so strict that it would effectively prevent family reunification and reinforce marginalization. Even the government conceded that the extended resources requirement would affect women and men differently, potentially causing women sponsors to fail to live up to the requirement and women migrants to become more financially dependent on their partners. From this conflict of interests sprung the purpose of this thesis, which is to examine the relation between the extended resources requirement in the Aliens Act and the right to family life for adult sponsors and their adult family members from a gender law perspective. The thesis finds that the introduction of the extended resources requirement in the Swedish Aliens Act marks a permanent adaption of the provision to a level close to the minimum standard provided in the Family Reunification Directive. According to article 8 of the European Convention on Human Rights, Member States wanting to limit the right to family life need to undertake a proportionality analysis before imposing such restrictions on individuals. For limitations in family reunification to be justified, they thus need be to be duly motivated. While no negative obligation to enable family reunification for Member States can be ascertained through this article, it still ascribes a certain positive duty for Member States to ensure the reunion of families. In this respect the extended resources requirement does not appear to be entirely satisfactory. The implementation of the requirement in 2021 was motivated by a will to adapt the requirement to the minimum level provided in the Family Reunification Directive, to encourage integration and to lower public costs. While the adaption of the requirement to the minimum level provided by EU law seems correctly executed, queries can be raised whether it causes the prohibiting of family reunification to such an extent that it undermines the purpose of the directive. This contention is supported by research suggesting that reuniting with one’s family is a key factor behind immigrants’ motivation to integrate in a society. In this respect, the extended resources requirement does not appear to fully comply with article 8 of the European Convention of Human Rights. Research also indicates that women are disproportionally affected by the extended resources requirement. Women sponsors work temporary and insecure jobs to a greater extent than men, and thereby risk failing to comply with the extended resources requirement. Simultaneously, women relatives risk becoming financially dependent on their partners when they immigrate to Sweden and are supported by them from the start, causing these women to stand even further away from the job market and other integrational measures. In its essence, the extended resources requirement enforces existing dichotomies between the state and the individual, the public and the private, notions of “us” and “them” and the inherent meaning of “man” and “woman” that contribute to enforcing gender roles and disintegration. This implies that the requirement does not live up to its proposed integrational effects and subsequently, that the extended resources requirement is not entirely purposeful.
|
5 |
Spring som en tjej : en studie om könstester inom friidrott och dess förhållande till artikel 8 och 14 EKMR utifrån ett ras- och genusperspektivOttosson, Sara January 2021 (has links)
This thesis examines gender verifications issues in track and field from a feminist and antiracist perspective. In 2019 the international governing body for the sport of athletics (World Athletics) introduced limits on blood testosterone levels for women with some types of Differences in sex development (DSD) in races from 400 metres to 1 mile. According the eligibility rules Caster Semenya and other athletes with heightened testosterone levels need to lower their testosterone levels in order to be eligible to compete in middle distance running races in the women’s class. This thesis discuss the relationship between gender verifications in athletics and the protection of athletes right to privacy according to article 8 ECHR and prohibition of gender and race discrimination according to article 14 ECHR. The balance between the interests for fair competition in sports and the protection of athletes human rights is an ongoing discussion. Complex relationship between states accountability and international non-governmental sports organizations can put athletes in a vulnerable position. This paper includes three research questions. Firstly, can the state parties to the ECHR be accountable if the eligibility rules infringe human rights? Secondly, is the eligibility rules in compliance with the right to respect for private and family life according to article 8 ECHR? Thirdly, is the eligibility rules in compliance with prohibition of discrimination on the grounds of sex and race according to article 14 ECHR.
|
Page generated in 0.0454 seconds