Le Canada est reconnu mondialement comme l’un des principaux pays qui soutiennent le mouvement mondial des droits de l’homme. L’histoire de la Human Rights Law in Canada commence avant l’introduction de la Déclaration canadienne des droits, qui ont été les questions des droits de l’homme en général, les uns avec les procès et les verdicts ont été réglementées dans de tels cas utilisé pour résoudre des situations similaires. En 1938, la décision de la Reference re Alberta Statutes, la Cour suprême du Canada est d’abord reconnu une charte des droits implicite. L’affaire tournait interdite Albertane une loi que la presse de critiquer le gouvernement. Une autre étape importante dans la Human Rights Law a été fait en 1948, quand la Déclaration universelle des droits de l’homme signés et essayé dès ce moment, ON, le gouvernement canadien à faire des droits universels de l’homme une partie intégrante du droit canadien. Alors qu’avant, le gouvernement a fait beaucoup pour résoudre des problèmes différents, la discrimination raciale, avec la signature de la Déclaration, les pays à promouvoir l’égalité entre les sexes et les problèmes des hommes homosexuels. Canada, par la façon dont a été le quatrième pays au monde à légaliser le mariage entre personnes du même sexe à l’échelle nationale, avec un amendement au mariage civil. Malgré tous ces progrès, il ya encore quelques problèmes à gauche aujourd’hui. Certaines provinces canadiennes ont religieusement ségrégation dans les écoles, il ya un certain manque de lois anti-discrimination protégeant les personnes handicapées et le traitement des premiers Canadiens autochtones ou aborigènes du Canada prennent la forme de la critique de l’Organisation des Nations Unies et d’autres pays. Mais toujours les zones les plus importantes des droits de l’homme comme la liberté d’expression ou les droits des travailleurs sont fortement protégés par les parties pertinentes du droit canadien. [Read more...]
Real Estate Laws in Florida
Real estate law involves a person’s right relating to the ownership and possession of land, buildings or structures on land. Every home purchase involves a number of potentially complicated legal issues and a great deal of paperwork. Below are certain real estate laws in Florida that everybody should follow to avoid any kind of complications in buying and selling.
No Discrimination in housing: It is against Florida law to discriminate in the sale, rental, financing or provision of real estate brokerage service in the appraisal of housing based on race, color, religion, sex, national origin or family status. Persons who believe they may have been discriminated against one of the above factors should contact the Florida commission on Human Rights to determine if they are eligible to file a complaint under the Florida Fair Housing Act.
Records of Deeds: In Florida, real estate records are kept in each county. It is important that new buyers must record their deeds at the public record office, located in each county courthouse. Recording a deed gives notice to the whole country that a particular piece of property has been sold.
Tenancy in Common: In Florida, tenancy in common is a form of co-ownership. They share the right to possess, sell or encumber the property. Unlike joint tenants, tenants in common do not have the right of survivorship. If one of the owner dies, his/her interest will be transferred to their heirs.
Joint tenancy:In Florida, although it is a common way for a husband and wife to own a property, there is no requirement that joint tenants be married to one another. Each individual owner in joint tenancy has a right to sell, encumber and possess the entire property. When one joint tenant dies, his/her interest in the property is automatically transferred to the remaining joint tenants. This transfer of ownership is known as right of survivorship.
By: Richard Brazil
Employment Law – How to Make it Work for You in a Recession!
As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant.
For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it’s not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up – indeed, it can be a minefield.
It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited.
There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal.
Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including:
1. Sex
2. Race
3. Disability
4. Religious Belief
5. Age
6. Sexual Orientation
Instances in which it is unlawful for an employer to discriminate against you on the grounds of these include:
• Refusing to employ or consider you for a job
• Offering you a job on less favourable terms than others
• Refusing to promote or transfer you to another job
• Giving you less favourable benefits than a colleague
• Shortening your working hours
• Dismissing you or making you redundant
There is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins.
Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances.
In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations.
Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate.
This article is free to republish provided the authors resource box below remains intact.
By: John Mehtam