Dissertations / Theses on the topic 'Discrimination dans l'emploi – Droit'
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Lattes, Jean-Michel. "Le principe de non discrimination en droit du travail." Toulouse 1, 1989. http://www.theses.fr/1989TOU10001.
Full textThe principle of non-discrimination in French labor law is now quite accepted. Its enforcement, however, raises a certain number of problems. The general frame of labor law is by nature unequalitarian. It is thus easy to spot, at every level: hiring, professional life, cessation of industrial relations, etc. . . , discriminatory situations. Some social categories such as: representatives of wage-earners, trade unionists, women, handicapped, young and elderly etc. . . Are particularly vulnerable. In front of this situation, which cannot be accepted in a state that follows the rule of law, what are the means that may lead to a true enforcement of the principle two centuries after the French "declaration of the rights of man". Will the state go on editing general norms whose applicability is far from being easy? Is there not a danger of "losing one's soul" if the state devotes itself to the exclusive protection of certain categories of persons, thus creating a new form of discrimination: positive discrimination. Would it not be better to give more powers to the judge in his endeavor to spot discriminatory situations that he alone can reveal, given the difficulties encountered to prove their existence. These are the questions raised by this study, to which it tries to offer tentative answers
Pouille, Annick. "L'égalité professionnelle : heurs et malheurs des lois qui aiment les femmes." Paris 13, 1994. http://www.theses.fr/1994PA131022.
Full textThe thesis intends to study the equality between men and women at work. It starts with a review of the women's situation from the very begining until nowadays. The first part deals with the question of equality of rights in europe, then in france. The first chapter is about aquality of wages, the second one is about the working conditions and social security. The second part is more about facts: the first chapter shows the differen disparities still remaining. The second one is about the new positive actions taken for the equality of chances in the e. E. C. And in france
Goulet, Isabelle. "Vers un principe de non-discrimination en droit du travail ?" Paris 2, 2001. http://www.theses.fr/2001PA020017.
Full textHervey, Tamara K. "Justifications for sex discrimination in employment /." London : Butterworths, 1993. http://catalogue.bnf.fr/ark:/12148/cb37498343x.
Full textSereno, Sophie. "Le défenseur des droits et les discriminations dans l'emploi." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1049.
Full textSince twenty years, the non-discrimination law continues to enhance specially under the influence of the International and European Law. The multiplication of the norms isn’t however sufficient to achieve the desired effect ; their complexity even makes this law difficult to access for the employees as well as for the employers. The creation of an independent authority (2004), in charge of fighting against discrimination and promoting equality, has strongly contributed to improving the protection overall. The absorption of the Halde by the Defender of rights (2011) could have created a doubt regarding maintaining the objective of fighting against discriminations at work. It is not. The action of this new constitutional authority is involved in the effectiveness of the broad legal spectrum in this area. Evidenced by its contribution to the mobilization and the enhancement of the substantive law and the reinforcement of public action against discrimination in employment, which are probably the largest and therefore significant. If the political question (and constitutional) remains to determine if the the Defender of rights could become a counterpower, it appears that, legally, he helps to enrich the substance of the right of non-discrimination while working on the reinforcement and the multiplication of actions to enabling it’s implementation, especially in employment
Lise, Manuella. "Le droit universel, européen et français relatif à la non-discrimination liée au travail et ses déclinaisons dans les collectivités territoriales régies par l'article 73 de la Constitution." Thesis, Antilles, 2016. http://www.theses.fr/2016ANTI0122/document.
Full textDifferentiated treatment of individuals or groups on the basis of race, religion, or social affiliation may be a form of continuity. There is a recent evolution of discrimination and inequalities in the workplace. The question then arises of the effectiveness of the intercolonial organization of labor in its task of developing converts and monitoring their application
Balla, Kalto Loutou Amina. "Discrimination en raison du sexe et en matière d'emploi au Niger." Bordeaux 1, 1994. http://www.theses.fr/1994BOR1D016.
Full textThis study focuses on sexual discrimination in the area of employment in niger. It then includes an introduction to the evolution of vocation situation of the woman from niger through various social modern or wage-earning activities and traditional or undeclared activities must coexist, any reflexion on sexual discrimination grasps the modern sector as well as the underground sector. Firstly, the point is to highlight all froms of discrimination towards women and legal tools used to fight against this discrimination on national and international grounds. Although international law has evolved towards the acknowledgment of sexual equality the contrary is just proved by a domestic order where social and cultural factors slow down the advancement of women as far as job opportunities are concerned. Secondly these same factors combined with the complex character of the underground economy makes it difficult to implement non discriminatory principles in the underground sector. Finally, only an efficent regulation of the employment of women in the unstructured sector could lead to a gradual implementation of the non discriminatory principle (with first the equality of job prostects and possibly. .
Lamlih, El Mekki. "La liberté religieuse en droit du travail français et italien." Strasbourg, 2011. http://www.theses.fr/2011STRA4001.
Full textPlace of work, a commercial enterprise is a theatre of a conflict between the freedom of the entrepreneur and the religious freedom of the employee: this research highlights the ways French and Italian labour laws approach the idea of freedom of religion a matter that long dwelt within the realm of public law (citizen/State). As any fundamental right, freedom of religion of an employee is protected and limited. This research focuses on any such effective protection and limitation within a comparative approach
Darragon, Olive. "Analyse critique de la distinction du harcèlement moral et du harcèlement sexuel." Paris 1, 2006. http://www.theses.fr/2006PA010251.
Full textDumoulin, Geoffrey. "L'âge en droit du travail : d'un critère rationnel à un indice pertinent." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10036/document.
Full textAlthough the legislator strives to combat discrimination on grounds of age, it is clear that he himself brings the prejudices related to this characteristic into the law, by using age as a criterion to trigger the application of it. In labor law, an age threshold limits entry into working life; more protective working conditions are provided for young workers under the age of eighteen; most employment policies are conditioned by age to target only young people or seniors. Finally, age influences the exit from working life by conditioning entitlement to a retirement pension. Yet, is age a relevant criterion? Should it alone define an individual, his state of health or his need for protection? Should he determine who can enter the working life and who should stay in it? This study proposes to consider the criterion of age, as much in its rational aspect, source of efficiency and simplicity for the legislator, as in its relevant aspect. The analysis of the limits of the age criterion, provoked by its abstract, objective and even arbitrary character, invites us to rethink the role that the legislator confers on it today. If age as a criterion for judging a situation does not seem relevant, it would be different if it were simply a clue to inform, to put on the path, without being decisive in the application of a rule of law
Benioudaki, Anna. "Le droit de la discrimination fondée sur le handicap et l’état de santé et sa contribution à la lutte contre la discrimination multiple." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10019.
Full textNowadays, the issue of labour discrimination is a complex and living subject matter that raises questions about the adaptedness of the rights that are specifically protected by labour legislation to the situation experienced by employees. Legal writing and case-law in this field are constantly evolving. In the first part of this study, we have considered disability and health condition as prohibited grounds of discrimination. Thus, we first analyzed the social construction of disability. Indeed, contrary to the medical model, the social one moves the problem away from the individual person and places it in the social processes that are linked to human diversity. We have examined the statutory duty of reasonable accommodation provided to persons with disabilities and its implementation by case-law, positive actions and their role against disability based discrimination as well as the explanation of the differences in treatment based on disability. We have studied the United Nations Convention on the Rights of Persons with Disabilities, of 13 December 2006. This Convention has indeed become the core of European legislation and policy on disability, underlining its innovations. Furthermore, beyond the concept of “disability”, we have considered the issue of whether illness and unfitness are sufficient to justify a termination or if they are grounds of discrimination. The European legislator does not seem eager to include them in the prohibited discrimination grounds. Our study of the legislation that is protecting against discrimination based on disability has led us to conclude that it has brought solutions in cases where protection against discrimination based on health condition is not regulated. The second part of our study is dedicated to the analysis of multiple discrimination. We have highlighted the ineffectiveness of the European legislation and, thus, that of the majority of legislations of the European Union Member States in fighting against it. We have noted that what should be questioned is the legal categorization system itself. Indeed, it is absolutely inappropriate and does not allow to identify the real sense of the persons’ identity or, consequently, to identify discrimination based on more than one grounds that are interacting in such a manner that makes them totally indissociable. On this matter, we have concluded that the protection scheme against discrimination based on disability could also lead to solutions on the issue of identification of multiple discrimination and protection against it, thanks to the individual approach and to the context evaluation it requires. As a last step, the present study aims at supporting the introduction of the concept of “multiple discrimination” both in the European Union legislation and in that of the Member States. This would give a new impulse to the fight against discriminations and would allow to address the existing legislative deficiencies
Leray, Isabelle. "Approche juridique du travail des femmes dans l'entre-deux-guerres." Nantes, 1994. http://www.theses.fr/1994NANT4002.
Full textThe aim of this thesis is the study of women's exclusion in labour market between 1919 and 1939. In the first part, we can see that in spite of women's integration in economy, crisis, unemployment and decrease of birth rate to a calling into question of women's work. The family politic of this time is based on the refusal of women's work and the civil code which protects family to the detriment of women's rights. The second part deals with the women's work conditions. We want to prove that discriminations against women are justified by the protection of maternity. Even in the labour law the woman is principally a mother and a wife
Pelloux, Laurence. "La compétence du salarié." Versailles-St Quentin en Yvelines, 2004. http://www.theses.fr/2004VERS016S.
Full text“Skill” can be etymologicaly seen as a constant aspiration for maintaining oneself in accord with a determined state. The wage-earner's skill though not only come down to the contract of employment's implementation, but also offers economical, social and political issues inherent to an almost temporal nature: the past with the professional experience, the present with experimentation and appraisal, the future with the development in training. The wage-earner's skill in a society constantly changing becomes a material, human, personal and professional variable suis generis that cannot be ignored and which can allow to replace obsolete work's organisation and to understand its real or latent needs and to anticipate future transformations. This theory of “the wage-earner's skill evolution” can be understood through the main line of identification and acquisition and through its development and its reification that is simply its present and its future
Icard, Julien. "Analyse économique et droit du travail." Paris 1, 2012. http://www.theses.fr/2011PA010317.
Full textAurouet-Himeur, Aurélie. "L'égalité professionnelle homme-femme : étude de droit français et algérien." Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1001/document.
Full textOur century established the principle of professional equality between women and men. A comparative study in France and Algeria, two distinct legal systems, allows us to underline both theoretical and practical aspects. Can the distinction between East and West impact on the achievement of professional equality between the sexes? Another study reveals a clear convergence. Legal equality between the sexes is recognized in french and Algerian law (Part 1). The pervasiveness and complexity of the concept will be shown. Ensues international and national recognition of the principle, which was to ignore the cultural considerations. However the findings of unegalitarian situations remain. Although the principle is extended, the relative significance of the principle asserts (Part 2). The search for a social balance between men and women progresses in order to ensure effective the principle
Lévy, Martine. "Le féminisme d'Etat en France, 1965-1985 : 20 ans de prise en charge institutionnelle de l'égalité professionnelle entre hommes et femmes." Paris, Institut d'études politiques, 1988. http://www.theses.fr/1988IEPP0009.
Full textThis research addresses public response to expanding work opportunities for women and its political developments. The opening part describes how growth in work opportunities for women has led to an array of institutional mechanisms among which dominates the setting up of a variety of administrative machineries. State feminism expresses the official ideology which urges public authorities to accomplish change in status of women in society ; a move spurred from the demand for eliminating sex discrimination in employment. Part II deals with state feminism enforcement. It shows through confronting the specific goals and concrete means of equal employment policy for women that it stands as a symbolic policy. Moreover evaluation of its effectiveness regarding un employment, occupational segregation and wage gap demonstrates that growing equality between men and women has resulted in greater discrepancies between women. Part III explores the impact of equal employment policy implementation on politics. It assesses the key role of government specific machineries in administrative opposition to equal employment opportunities enforcement. (. . . )
Pailhé, Ariane. "Inégalité selon le sexe sur le marché du travail en Europe centrale au cours de la transformation systémique." Paris 1, 1998. http://www.theses.fr/1998PA010003.
Full textGender inequalities regarding job access have risen during the systemic transition in Central Europe (Hungary, Poland, Czech Republic, Slovak republic). Women are more unemployed and their activity rate has fallen more dramatically than men's one. But less inequalities are encoutered at work during the same period concerning wage gap and professional segregation. Inequalities between men and women result from multi dimentional processes. Education level explains them a bit. Return of education is growing during the transition, causing a decrease of disparities. Experience is more important but drop in the inequalities is due both to experience and tenure return fall. Discrimination explains more gender inequalities : men are avantaged while women are penalized, mainly regarding job access. Discrimination which is growing during the transition is more based on stereotypes than on taste. Finally inequalities come from labour market structure, divided in segments : firm ownership, location, branch of activity, and worker status. Probability that women are employed in high labour market segments is low. Although human capital has more influence during systemic transition, it explains only a part of gender inequalities. Systemic transition break underlines discrimination factor and structural elements that generate inequalities
Jabbour, Rhéa. "La discrimination à raison de l'apparence physique (lookisme) en droit du travail français et américain : approche comparatiste." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010310/document.
Full textThe obsession with looks is predominant in our societies. The question of looks-based (weight, height, general attractiveness, attire, hair style, hygiene, piercings or tattoos, .. ) discrimination or lookism in the workplace is a multi-disciplinary question in relation to legal, social, ethical psychological, and business-related aspects, having a global and historical impact. Stereotypes are directly reflected in the job market (mainly in recruitment, salaries, promotion and firing). Has an employer the right to only hire tall and thin woman, to prohibit piercing or jogging or even (fire a woman for being too 'attractive'? In which cases and jobs? Should we legally prohibit lookism? How can the law and case law create a balance between the rights and liberties at stake? This thesis will shed the light on (i) the international, European, French and American (federal, sta1 and local) legal framework; (ii) major obstacles to a lookism-prohibition (difficulty of proof subjectivity, absence of a defined legal category; the employers' counter-arguments, ...), (iii) the reactions of American and French case law; and (iv) will conceive an ideal law, in balance between the rights and interests at hand. One question arises : is the law sufficient by itself? Does society changes the laws or is it the other way around?
Herlet-Molinié, Cécile. "Le contrôle de la Cour Suprême sur l'égalité d'accès aux emplois aux Etats-Unis." Paris 2, 2004. http://www.theses.fr/2004PA020081.
Full textDouay, Sophie. "L'irruption de la génétique dans les relations de travail : nouveaux regards sur la protection de la santé au travail." Lille 2, 2001. http://www.theses.fr/2001LIL20019.
Full textThe progress of molecular medicine applied in the work environment has fostered and continues to foster enormous hopes in terms of the recovery and the avoidance of illness, created from some dreadful fears of the emergence of a kind of "bio-cracy" or "geno-cracy", at the heart of which rules and values would be re-examined in the light of biol027475921ogical and genetic criteria, to which the scientific nature would confer a sort of absolute value. Apart from the fantasies of some, the development of genetic tests in the work environment would constitute an important market for the promoters and distributors concerned. .
Tur, Laurence Nathalie. "L'égalité professionnelle entre les hommes et les femmes." Grenoble 2, 2006. http://www.theses.fr/2006GRE21026.
Full textAnalysing professional equality between men and women implies in a first step taking an interest in the terminology. The content the interference and the implementation rules of international and national standards with universal and regional extension. Establishing the principle of professional equality and its dispensations. Besides the unavoidable analysis of case law decisions in both national and E. C. Jurisdiction brings out the important role as an interpreter which falls to the Court in Luxemburg as well as the necessary integration of national judges, "common law judges", into the E. C. Judiciary and not only into the internal judiciary. A second step requires a special focus on what is at stake, on a national level, with the social policy carried out mainly by the European institutions. These different analyses will most naturally lead one to question oneself on the evolution of the professional status of women in France and other European countries in the last fifty years or so. In the end sociological anthropological, economical and historical approaches will be dealt with in order to back up this legal reflection, trying to find out and explain where the barriers to professional equality between the sexes come from
Essouma, mvola Guy. "La politique criminelle de lutte contre les discriminations à l'embauche." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA016/document.
Full textDiscriminations at the recruitment, consisting in an employer's refusal to hire one or several candidates even competent ones, based on non objective considerations, which are prohibited by the French law, interfere with the principle of equal treatment between individuals, a principle dear to the Republic. That is why we have witnessed for a few years the setting-up of measures aimed at fighting the discriminatory phenomenon at the recruitment. This large set of measures forms what is known as the criminal policy of fight against recruitment discrimination. To take an interest in it, as is the aim of this thesis, is simply to wonder whether, today in France, all the means implemented to fight the specific discriminatory phenomenon, really enable to answer it aptly. In other words, does the criminal policy of fight against recruitment discrimination enable to control, even to stop the said discriminatory practises, such as they are considered and conceived today in our society? In order to achieve this, we will go on with a critical assessment of the mechanisms and methods set up by the stakeholder striving for the fight against recruitment discrimination. Therefore, our analysis organises itself around the two sectors constitutive of this criminal policy of fight against recruitment discrimination which are on the one hand the repressive and victim assistance sector and on the other hand the preventive sector
Dehoumon, Mathieu. "Les procédés de gestion par l'OIT de la discrimination au travail dans les Etats africains." Thesis, Grenoble, 2011. http://www.theses.fr/2011GREND008.
Full textIn the matter of labour, discrimination is a violation of Human Rights particularly the principles and fundamental rights guaranteed by the International Labour Organisation (ILO) through its Constitution (1919) and especially Convention No. 100 (1951) related to the equal remuneration between men and women for a work of an equal value, and Convention No. 111 (1958) on the elimination of discrimination in employment and occupation. The practice of discrimination in African countries seems to be related to the context of poverty and exclusion entertaining feelings of injustice or inequality between men and women, between workers in a same office, between potential workers and employers. Among the victims of this scourge, women are most at risk in any breach of national and international standards of protection of their rights ; there are also persons belonging to minorities, and marked by some special features including ethnicity, family origin or political affiliation. They face new forms of discrimination that are more subtle. This research then analyzes the ILO's management mechanisms on discrimination at work in some African countries when there is a litigation based on a worker's sex or race. Highlighting the relevance of the ILO's political and legal processes of management on discrimination at work, this study attests that socio-cultural factors, lack of political will and the deficiency of the legal culture greatly enhance the difficulties of application of the principle of non-discrimination at work in some African countries. It also assesses the effectiveness of both methods while emphasizing on their complementary nature. Therefore, this research is to contribute firstly, to look for solutions to social conflicts that arise from male/female inequalities and ethnic exclusion in the workplace, and secondly, to help understand the actors and social agents' behavior and the issues in the organization and administration of labour in African countries such as overlap of interests
Cardoso, Jean. "Conceptions et politiques des mesures d'action positive." Paris 10, 1997. http://www.theses.fr/1997PA100125.
Full textThe first part of this work offers a critical reading of the conceptions of positive action in europe. It explains that the misunderstanding of the concept of positive action is the result of the misuse of its definition. It shows that the result of such a misunderstanding is the confusion of positive action with other notions. It also concentrates on the foundations of the notion of positive action in the european union. In doing so, it makes an attempt to underline the theoretical and socio-historical and ideological perspectives of the notion. The second part of the thesis comments on the main current issues that positive action poses as a legal policy. Not only the legal origins of positive action as a policy, but also the interpretation of positive action by the european court of justice is discussed in the recent case kalanke. Community law misses a true legal basis for collective rights, and this prejudiciates its interpretation of positive action as well as the democratic strength of the european union. New collective actors are needed, but it is not sure that the recent evolutions of community law meet that need. Finally, the second part question the evolution of community law towards an ever more 'decentralised' way of regulating social matters, such as equality policies. The point to be answered here is whether this trend - illustrated by positive action measures - should be seen as progress or as regression in the legal process of integration
Zragua, Fatma. "Harcèlement et discrimination au travail : convergences et divergences de deux phénomènes d’exclusion de la même population cible." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB139.
Full textWhile discrimination and harassment at work are part of the prevention of psychosocial risks, the numerous studies concerning them have been carried out separately. However, not only do they appear concomitant within the structures concerned, but they seem to relate to the same target population. Are other similarities identifiable? Can we establish that the two phenomena are connected? Is harassment a mode of discrimination? Is discrimination the consequence of harassment at work? Or, is harassment and discrimination two facets of a larger phenomenon that needs to be identified? The central question of this research is the question of the convergence and divergence of harassment and discrimination at work. We propose to compare them in order to promote their understanding and guide their prevention. For this, three exploratory studies were conducted: two in support of secondary data and a third by collecting primary data. The first study consisted of gathering the results of four French and European statistical surveys on target populations of discrimination or harassment at work. We confirm the relevance of our research questions and highlight the existence of a first form of convergence of the two phenomena. In order to position them in relation to each other, we proceeded to a longitudinal study of case law in France over two periods, 2010-2012 and 2017, first separately and then comparing the data in order to to identify the evolutions. We conducted a content analysis using the Sphinx Plus 2 software. Our results support the targeting of harassment and discrimination on the same target population. They also highlight the use of harassment for the purpose of discrimination and, conversely, the use of discrimination, as in promotions or common management practices, as a form of harassment. Situations where discrimination and harassment are inseparable have also been identified. Three levels of practice have been distinguished: individual, managerial and structural, leading us to propose a modeling of the organizational dynamics at work by positioning them in a global process of exclusion. At this stage of our research, only the convergence of phenomena emerged from our results. The objective of our third study was to confront them with the representations of the harassment and the discrimination of the organizational actors. Thirteen in-depth interviews, recorded and retranscribed, were conducted with responsibles (HRD, responsible for diversity, etc.). The results of the content analysis conducted with the NVivo 11 software have, on the one hand, allowed us to refine our modeling by highlighting that harassment and discrimination at work can only be comprehended in an systemic approach, taking into account all levels of practice and their interrelationships. On the other hand, they pointed out a major divergence. This concerns the curative treatment of discrimination and harassment, which is based, for the first, on an unrestricted inclusion of employees, when, for the second, the exclusion of stalkers is generally required. Prevention of discrimination is seen as a reversal of the organizational dynamics of exclusion, while harassment as its reorientation
Delagrave, Anne-Marie. "Le contrôle de l'apparence physique du salarié à la lumière de la Charte des droits et libertés de la personne." Master's thesis, Université Laval, 2009. http://hdl.handle.net/20.500.11794/21194.
Full textChoron, Juliette. "Le droit des femmes à la participation à la vie politique et publique en droit international." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10047.
Full textParity democracy is a goal shared by the International Community. The construction of the women's right to participation in political and public life is part of the logic of the principle of equality between men and women and respond both to a neutral and a gender approach of subjects of rights. This right of women to participate in the decision-making process is also one of the conditions of a genuine democracy, which implies a balanced participation of men and women and a taking into account their interests and needs. In practice, women are still under-represented at all levels of the decision-making. In order to move towards parity democracy, measures are therefore essential. Some belong to an equality of opportunity approach, while others go further in realizing equality of result. The follow-up of progress which occurs through a variety of mechanisms, also respects the distinction between neutral or gendered system. Unlike the second type, which places women at the heart of the process, the first appears to be less accurate and detailed in the analysis and recommendations making
Burke, Tanaquil. "L'âge et le droit du travail au Québec : vers un milieu de travail égalitaire et pluriactif pour les personnes salariées de tous âges." Thesis, Université Laval, 2014. http://www.theses.ulaval.ca/2014/29955/29955.pdf.
Full textJacot-Descombes, Marie-Thérèse. "Plaider en chien et loup: métamorphoses du sens, métabolisme des effets dans les pratiques de construction du savoir, en droit social." Doctoral thesis, Universite Libre de Bruxelles, 2005. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211041.
Full textComment le juge reformule-t-il la règle, quels sont les moyens dont il dispose ou use pour ce faire, quelle est son implication dans cette érosion ?La recherche, soutenue par une réflexion à la fois juridique, politique et philosophique, analyse des décisions judiciaires, leurs commentaires, et des articles de doctrine, qui ont en commun de paraître consacrer cette érosion.
La première partie de ce travail porte sur l'éradication des inégalités entre travailleurs masculins et féminins par le recours à des discriminations positives, par le biais de ce que Dworkin appellerait un "hard case" :un arrêt de la Cour de Justice des Communautés Européennes du 17 octobre 1995, statuant quant à la conformité de la législation d'un état membre à la directive européenne du 9 février 1976 relative à la mise en œuvre de l'égalité de traitement entre hommes et femmes en ce qui concerne l'accès à l'emploi, à la formation et à la promotion professionnelles, et les conditions de travail. La haute juridiction y fait bifurquer l'idée en deux concepts, l'égalité des chances et l'égalité des résultats, les définit puis les oppose ;ensuite, elle disqualifie la législation de l'état membre, au motif que celle-ci favorise l'égalité de résultats et non la seule égalité des chances. L'analyse décrit cette construction par la Cour d'un savoir juridique de l'égalité ;elle s'inquiète de la conformité de ce savoir au droit communautaire, du bien-fondé d'une bifurcation entre chances et résultats, et de ses effets sur les inégalités entre hommes et femmes.
Sa deuxième partie porte sur la construction du savoir du droit social, en général. Elle en exhibe certains ingrédients et évalue leurs agencements :la manière dont sont traités les faits, les diverses sortes d'intérêts à l'origine de la production de jurisprudence, la maîtrise du langage et l'art de convoquer le droit, et le pouvoir du praticien d'affecter et d'être affecté par le droit et son milieu. Elle pointe deux grandes bifurcations :celle entre dire le droit et juger quant au fond ;et celle entre "juridiquement correct" et "juste". Elle observe à quelles conditions la jurisprudence devient source effective de droit et se divise en courants majoritaire et minoritaire. Elle distingue deux moments dans la pratique juridique, et deux modes d'existence du jugement. La construction de la motivation, ajustée à tel litige particulier, constitue le moment créatif, qui aboutit au jugement vivant, à l'usage des protagonistes. Ce même jugement, s'il est diffusé dans les médias juridiques, connaît une autre forme d'existence, au sein du corpus jurisprudentiel commun ;si les juristes sont libres de s'y référer ou de l'ignorer, il nourrira un nouveau moment créatif, à titre d'exemple de savoir-faire ;le moment dogmatique, lui, est celui où le système judiciaire se saisit des énoncés de tel jugement vivant pour les imposer, en tant que savoir a priori, lieux de passage obligés, mots d'ordre, limitant ainsi le champ de possibles ouvert à l'activité créatrice.
Doctorat en philosophie et lettres, Orientation philosophie
info:eu-repo/semantics/nonPublished
Chappe, Vincent-Arnaud. "L'égalité en procès : sociologie politique du recours au droit contre les discriminations au travail." Phd thesis, École normale supérieure de Cachan - ENS Cachan, 2013. http://tel.archives-ouvertes.fr/tel-00977374.
Full textBerthier, Pierre-Emmanuel. "La récompense en droit du travail : Contribution à l’étude du pouvoir de l’employeur." Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22021.
Full textReward has always been linked to the exercise of power over others.Combined with sanction, this is the way a decision-maker uses to get somebody to behave properly.Reward has indeed become asserted in many disciplinary systems, such as school, military or prison discipline.Within work relations, human resources studies and “incitative”, or “motivations” theories have perfectly understood the idea of reward as a means for the employer to get the expected behavior from their employees.Thus, contests and employees rating based on their performance are organized; gifts, gratuities, seniority bonus, attendance bonus, premium bonus or stock options may be given; at last, career evolution is facilitated by vocational training, promotions, and career pathways.The power that an employer has on their employees will then have a dimension: reward. However, reward seems to have been unfairly forgotten by law and work jurists despite its practical and theoretical casualty.The aim of this study is to fill this gap.Rewarding leads back to a particular conception, which has largely been accepted, that power within private law is expressed by legally binding acts. After giving a definition of reward, the ambition of this study is to define the qualities of this ability, and then, to describe its functions
Veyretout, Lucie. "L'application des droits de l'être humain au sein des groupements religieux : recherches relatives à la question de la discrimination des femmes dans l'accès aux fonctions cultuelles." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00976424.
Full textRossignol, Sophie. "La reconnaissance des discriminations multiples en droit du travail français : état des lieux et perspectives." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA010.
Full textAnti-discrimination law is always evolving. It must be receptive to new types of discrimination against workers to guarantee a level of legal protection consistent with international and national standards. In that sense, multiple discriminations are a perfect example. They take place when several protected characteristics occur and interact with each other. The concept of multiple discriminations arises from social sciences but has only been legally theorized since the 80s. If French law does not consider them, jurisprudence and practice tends to underline the necessity of a legal acknowledgment. Seized by employment law, multiple discriminations pose many questions with regard to their definition and implementation. Nonetheless, studying them offers a different approach to the duty to not discriminate at work, and to insuring diversity in the workplace
Manigot, Vincent. "La discrimination en entreprise, réflexions sur un risque." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020067.
Full textManaging a company incurs a risk of discrimination for the employer. In its original meaning, the notion of discrimination refers to distinctions based on an illegal criterion. To be effective, the prohibition of discriminations brings the judge to require that the employer give pertinent justifications of his/her decisions. The company is compelled to develop means of assessing in an objective manner employees’ professional skills. Beyond this initial objective, the fight against discriminations must now ease the integration of disadvantaged populations. The notions of equal access to employment, diversity, affirmative action and indirect discrimination are now part of companies’ vocabulary. Though companies do not always have effective leverage for action, public authorities force them to negotiate on certain subjects in order to reduce inequalities. A responsible employer cannot ignore this radical change in the concept of discrimination. He/she must now setthe new boundaries to this risk so as to implement adequate means to prevent its materializing
De, la Motte Emilie. "Les catégories professionnelles en droit social : réflexion sur la distinction des cadres et des non-cadres." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020011.
Full textThe conceptual definition of professional classifications is an essential exercise since the stakes are high. It affects wages, working hours, complementary social security, collective representation, etc. The identification of professional categories, particularly between the executive and non-executive categories, helps in the organization of companies and contributes to the application of equal treatment principle. This exercise is nevertheless delicate because the legislator has not previously provided a precise conceptual delineation of professional categories ; the changes in the forms of work, sometimes reflected by a standardization of the roles within the company, is changing the landscape. The role of social partners is often critical in providing some clarification
Joly, Laurène. "L'emploi des personnes handicapées entre discrimination et égalité." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100194.
Full textFocused on professional integration, this thesis follows a search path that from the analysis of social policies for people with disabilities, turned to the study of the implementation of public policy through the prism of redesigned non-discrimination. Two axes structure this research. The first area focuses on the evolution of the concept of disability and its impact on the design of public policy towards people with disabilities. The second theme focuses on the enactment of the requirement of non-discrimination against people with disabilities
Roseberry, Lynn M. "The limits of employment discrimination law in the United States and European Community /." Copenhagen : DJØF Publ, 1999. http://www.gbv.de/dms/spk/sbb/recht/toc/320896250.pdf.
Full textDe, Chacus Sylvie Vitondin. "Discrimination sexiste en milieu du travail, facteur d'émulation et création de modèle féminin : une étude comparative des perceptions, explications et stratégies face au phénomène de discrimination (Bénin/France)." Lille 3, 2008. http://www.theses.fr/2008LIL30029.
Full textThis study raises the problem of discrimination made towards the women in the decision-making authorities and views on the implementation of collective strategies of fight versus individual as means to face to this phenomenon. We proceed from the observation of the existence of two forms of discrimination observed in Benin and in France : a strong discrimination (iron ceiling) versus a moderate discrimination (glass ceiling). The iron ceiling is a formula which we created to report the situation of the women in sub-Saharan Africa. However we see in this study that this expression hides a particular reality in Benin : women's presence is not unimportatnt in higher position at high level of responsability. Highly qualified women pierced the glass ceiling, the formula particularly adapted to the situation of the women in Europe, and in France there in this particular case. We leaned in this study on the theory of the relative deprivation promoted by Tougas, Guimond and their coworkers (1999). This theory highlights the feeling of domination and demand with the aim of the reduction of the aforementioned feeling. The results of the various analysis realized within the framework of the study confirms the main hypothesis that is to say, the Beninese women make a commitment in a collective action to fight more effectively against the phenomenon of the discrimination made against them notably in occupational environment, contrary to their counterparts Frenchwomen who would develop more strategies of individual fight (individual action). On the other hand, the perception of the phenomenon of discrimination is moderated in France (glass ceiling) and stronger in Benin (iron ceiling). In a general way, the sexist discrimination in the workplace is a universal phenomenon, a reality which exists in all the societies. The idea to try to dread is better to the French people as to the Beninese in this thesis turned out to be an opening for the researches in psychology on this question. So, we can say that in a social psychological prospect, this research contributes to relaunch the reflection around the phenomenon of discrimination generally and its consequences on the social behaviors. Finally, this study can join a new way of researches based on a North-South co-operation, the aim of which would be to the co-construction of theoretical models which would not be universal and such as "globalized", but adaptable and "requestionable" in the specific national and societal contexts
Gaudu, François. "L'emploi dans l'entreprise privée : essai de théorie juridique." Paris 1, 1986. http://www.theses.fr/1986PA010291.
Full textIn the present state of french law, the most recent use of the term "emploi" is in the phrase "titulaire de l'emploi", which designates the employee as holder of a job. The term "emploi" refers to a legal relationship in which the employee must be at the disposal of the employer, who in turn must provide work for the employee. Governmental policy regarding employment - outside of constitutional law- is subject to constant change depending on political goals at given moment and is therefore of little relevance to the elaboration of a theory of amployment emploi. The "emploi" of the employee, that is to say his individual right to see his unlimited term work contract carried out, is the logical consequence of legislative law statute on dismissal (indemnities and backpay in case of dismissal are a type of retraction mecanism; the fact that the motive must be serious and real. . . ). Employment "emploi" is also a collective notion. The individuals rights of the employee are reinforced by the existance of an "employment interest" which is collective and representad by the "comite d'entreprise"(consultation and warning prerogatives, rights in bankruptcy procedures. . . ). Along with the bonds linking the employees and their collective body with the employer, there are ties binding them to the business enterprise itself. Employment law considers the business enterprise as a set of production factors to which jobs are connected (art. L122-12 of the labor law code) ans collective employment interest depends on the use of those factors in production (bankruptcy procedures). Employment can therefore be opposed to any person bearing power over the business enterprise. The collective character of the relationship called "emploi" and the ties binding the employees to the entreprise remain latent as long as the employer can assume his responsabilities. Thus employment is a compromise between the employer's power when the enterprise is doing well (hence the development of employment "flexibility") and the restriction of those powers in case of transfer or crisis of the enterprise. This dialectic situation reflects a relative socialization of the freedom of enterprise
Ligneul-Lechable, Maite. "L'emploi dans les procédures collectives : étude comparée des droits français et allemand." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D039.
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Paulin, Jean-François Béraud Jean-Marc. "La protection de l'emploi du salarié dans l'entreprise." [S.l.] : [s.n.], 1998. http://demeter.univ-lyon2.fr:8080/sdx/theses/lyon2/1998/jpaulin.
Full textTriclin, Alexis. "L'emploi dans l'entreprise en crise : étude comparée du droit français et du droit espagnol." Paris 10, 1991. http://www.theses.fr/1991PA100098.
Full textThe joint evolution of both labor law and that of collective procedures allows a comparative and prospective analysis of employment in a company in crisis regarding French and Spanish laws. Firstly, with the analysis of labor law and that of "bankruptcy", the juridical rules applying to a contract and the changes that can affect it, will be studied beginning specifically with dismissal, contract transfer, mobility and furthermore with the guaranties of the wages (wage credits and insolvency insurance). Secondly, the study of employment and of a company under crisis will be dealt with in regard of a dual principle including the intervening of public authorities and of collective autonomy
Dumont, François. "La sauvegarde de l'emploi dans l'entreprise en difficulté." Valenciennes, 1999. https://ged.uphf.fr/nuxeo/site/esupversions/2d757006-8733-4e09-bbd7-2951a78ab647.
Full textGranato, Nadia. "Ethnische Ungleichheit auf dem deutschen Arbeitsmarkt /." Opladen : Leske + Budrich, 2003. http://catalogue.bnf.fr/ark:/12148/cb40086634j.
Full textGasse, Laurent. "Le rôle social de l'entreprise dans le domaine de l'emploi." Paris 13, 1998. http://www.theses.fr/1998PA131013.
Full textFollowing the "glorious thirties", France was struck in the mid 1970s by an enduring economic crisis which led to the restructuring and permanent closure of numerous companies, resulting in downsizing. Despite the many measures taken by successive administrations to curb this phenomenon, governments in their fight against unemployment appear to have neglected a crucial point : employment cannot be legislated. It is determined by companies alone. In recognition of this fact, public opinion has progressively indicated that companies can no longer think merely in terms of economic risks, competitiveness and profitability. .
Faure-Levoux, Alice. "Les discriminations sexo-âgéistes en milieu professionnel : une étude psychosociale de leurs enjeux et de leurs conséquences individuelles et sociales." Nantes, 2015. https://archive.bu.univ-nantes.fr/pollux/show/show?id=ff9bf30e-a6e2-40a3-a903-7fa3280bf3b6.
Full textThis doctoral dissertation focuses on the study of the mechanisms and joint effects of stigmatization due to age and gender in a professional context. The first two studies focus on the appearance of age-based and gender-based discrimination in various professional fields. 207 individuals participated in the first study and 177 in the second. The results show that the gender and ageist bias appear in priority occupations incongruent with the candidate's profile. It also seems that ageist bias appear in a more explicit form as gender bias, the latter being expressed insidiously. The third study is devoted to the consequences of that discrimination, widely perceived by individuals carrying a stigma (here, the seniors on the one hand, and women on the other). 168 seniors (male and female) participated in this study. The results are mixed but show that people feeling discriminated develop coping strategies to counter the negative effects of discrimination. The results of these three studies are discussed in an intersectional perspective, concluding with the idea that the accumulation of two stigmas may, where appropriate, lead to an increase or, on the contrary, to a reduction of the penalty of the affected individuals
Melmi, Hélène. "L'emploi dans l'entreprise en difficulté." Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22019.
Full textThe object of this thesis is to study the mechanisms of employment protection of firms in crisis. It highlights the difficult articulation between the mechanisms of the labor law and those of the commercial law, which often seems to lead to the disappearance of the first in front of the imperatives of the second. Title I is dedicated to the examination of the resources assigned to the staff representatives to defend their collective interest, employment, when the situation of the company is compromised. The emphasis is particularly put on the absence of effective means of action, which places the employees in a spectators’ role, instead of an actors’ role, in the decision-making concerning the determination of the future of the company. Title II is interested in the place granted to the employment with regards to the objectives that law attribute to the crisis firms law and which must be pursued by the judge. He notices that the imperative of preservation of employment disappear in front of the priority objective constituted by the protection of the economic activity. So, in spite of the successive reforms having affected the commercial law, the consideration of employment remains shy. The visible implication of the employees masks their removal from the main decisions relative to the determination of the future of the company. Employment, in particular when it’s subject to the instrumentalization of the collective procedures by groups avid to get rid, at a lower cost, of their subsidiaries, is above all considered as an adjustable parameter of the firm in crisis
Ghirardello, Ariane. "La discrimination sur le marché du travail : du problème de coordination à l'égalité dans l'emploi." Paris 10, 2003. http://www.theses.fr/2003PA100152.
Full textThis thesis proposes an economic analysis of discrimination based on the concept of convention. This conventional order, which induces discrimination, is evaluated with respect to its coercive and excluding properties. But this analysis ignores both the normative dimension of convention and the individual representations that explain why the agents discriminate. The need to question this double dimension results in analysing the inefficiency of law as to its incapacity to induce fairer collective representations. The "legal order" must then be strengthened by imposing constraints of justice, in particular through affirmative actions that will be analysed with regard to theories of social justice
Liu, Jieyu. "Gender and work in urban China : women workers of the unlucky generation /." London : Routledge, 2007. http://catalogue.bnf.fr/ark:/12148/cb41335715x.
Full textCain, Artwell. "Social mobility of ethnic minorities in the Netherlands : the pecularities of social class and ethnicity /." Delft : Eburon academic publishers, 2007. http://catalogue.bnf.fr/ark:/12148/cb413587857.
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