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Gudrun Wansing, Felix Welti, Markus Schäfers - The Right to Work for Persons with Disabilities

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Gudrun Wansing (ed.), Felix Welti (ed.), Markus Schäfers (ed.)

The Right to Work for Persons with Disabilities

2018

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Martin Kronauer Gainful Employment between Inclusion and Exclusion S. 121-134

„… Gainful Employment between Inclusion and Exclusion by Martin Kronauer This article presents the …” „… argument that, in capitalist market economies, a right to work must entail a right to gainful employment …” „… but that such an indi‐ vidually enforceable right to gainful employment does not exist. It poses the …”

Felix Welti, Eva Nachtschatt Equal Rights of Persons with Disabilities to Work per Article 27 of the UN Convention on the Rights of Persons with Disabilities S. 51-84

„… work in the sense of ac‐ cess to gainful employment that supports one's livelihood, and the free‐ dom …” „… become urgent social con‐ cerns with the economic and social generalization of gainful employment as the …” „… institutions such as social security requiring gainful employment that supports one's liveli‐ hood and …”

Friedrich Mehrhoff Return to Work as a Central Aim of Rehabilitation S. 155-168

„… everything in its power to help the working population get back to their workplace, company or gainful …” „… employment after suffering an accident or illness. This is a human right. Article 27 of the UN CRPD (“Work …” „… and Employment”) (in Para. 1 Item k) stipulates 1. 157 that the states shall guarantee and promote the …”

Titelei/Inhaltsverzeichnis S. 1-11

„… : Their Contribution to the Realization of the Right to Work 101 Marianne Hirschberg 9 Gainful Employment …” „… the future of protected employment show that there are many paths forward here. Science is used to …” „… Disabilities – How can Europe Close the Disability Employment Gap? 135 Roy Sainsbury 3. Transitions Return to …”

Madan M. Kundu, Alo Dutta, Fong Chan Developing International Standards of Competencies for Return-to-Work Professionals: An Overview S. 169-182

„… seeking, obtaining, and maintaining gainful employment are significant for all persons with disabilities …” „… and delivery of employment-related services designed to address social and fiscal effects of …” „… stakeholder in employment-based service delivery to persons with disabilities. Globally, the challenges of …”

Philine Zölls-Kaser The School-Work Transition of Special Needs Students in the Context of the UN CRPD – Effort towards Systematization S. 183-202

„… social contacts, “other effects of gainful employment, such as work incomes that is a guarantee of one …” „… pursue employment. 2 This article focuses on special needs students who have graduated. This does not …” „… counselors from the German Federal Employment Agency (Bun‐ desagentur für Arbeit 2010, p. 5). A recognized …”

Heinz Willi Bach The Situation for Blind and Visually Impaired Persons in the Labour Market, in Employment and in Continuing Education – Including International Perspectives S. 231-260

„… of gainful employment. The statistics on persons with severe disabilities reveals that only 31.2 …” „… The Situation for Blind and Visually Impaired Persons in the Labour Market, in Employment and in …” „… the capacity of job placement institutions and employment institutions in Germany. This article looks …”

doi.org/10.5771/9783845291673

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

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BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… case” HEADNOTE: Decision regarding the equivalence of family work and gainful employment in the …” „… . 148-149). Accordingly, the Federal Court of Justice distinguished between gainful employment during …” „… marriage, and taking up of gainful employment during separation, as well as after divorce. aa) In …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… gainful employment. 2. § 32.3 and 32.4 of the Income Tax Act has been incompatible with Article 6.1 and …” „… – regardless of gainful employment and of concrete expenditure – in ascertaining the taxable income of all …” „… gainful employment as extraordinary expenses from the base for assessment for income tax, as well as from …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… or she cannot be expected to take up gainful employment because of the care or bringing up of a joint …” „… gainful employment was said to depend not only on the age of the children, but also on other circumstances …” „… parents taking care of children to take up gainful employment, orientated in line with the child’s age …”

BVerfGE 22, 93 Order of the First Senate of 7 June 1967 – 1 BvR 76/62 “Maintenance I case” Taking Article 6.1 of the Basic Law into account in determining the maintenance of spouses living apart S. 40-44

„… his wife’s maintenance. Even after taking up her own gainful employment, the wife, in view of her …” „… take up gainful employment even if the domestic community had continued or – and this may apply in the …” „… that the marriage will be a lasting one, does not engage in gainful employment outside the home, but …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… health and social 495 long-term care insurance. His wife is not in gainful employment. She takes care of …” „… childless people in gainful employment paid with their contributions not only for their own insurance …” „… – in contrast to pensions insurance – if, as a result of child-raising, gainful employment could only …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… ). This was said to also apply if a spouse had to engage in gainful employment because of the waiver after …” „… , and then only if the mother is able to engage in gainful employment only to an insufficient degree, or …” „… situation, vocational skills and outlook, as well as the envisioned sharing of gainful employment and family …”

Index S. 937-956

„… , 412-413 · costs resulting from gainful employment 412, 417 · expenditure 408, 413, 417 · requirements 402 …” „… – protection of 702 – requirement to protect 384 – serving 395 G gainful employment – and family work in …” „… of divorce 531 · equivalence of family work and gainful employment in the assessment of 530 · spousal …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… income available on the basis of the concrete fiscal burden which was made by gainful employment during …” „… 61, 319 (345-346)). Only in this community of earning does the person not in gainful employment also …” „… the proceedings 1 BvR 246/93 was dissolved in 1980. He re-married. His new wife was in gainful …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… who are able to engage in gainful employment without interruption. It is true that the law on pensions …” „… treated in the same way as any other person who is not engaged in gainful employment. 345 As opposed to …” „… of their parents who are no longer in gainful employment, are taken from them and transferred to the …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… stops wives from entering gainful employment (see, e.g., Memorandum of the Federal Minister of Finance …” „… . Judging the gainful employment of women from the outset as being destructive to marriage contradicts not …” „… to stop wives from engaging in gainful employment, is not suited to justifying joint assessment. 5 …”

BVerfGE 107, 205 Judgment of the First Senate of 12 February 2003 – 1 BvR 624/01 “Family insurance case” The constitutionality of family insurance (§ 10 of the Fifth Book of the Code of Social Law) S. 633-641

„… age of eighteen, 2. until reaching the age of twenty-three if they are not in gainful employment, 3 …” „… , this is contingent on the mother being unable for specific reasons to engage in gainful employment, or …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… as he or she cannot be expected to undertake gainful employment by reason of care for or upbringing …” „… the divorced spouse, is intended to release the parent with whom the child lives from gainful …” „… employment, for as long and in so far as the child requires care or upbringing. From this point of view, the …”

Titelei/Inhaltsverzeichnis

„… costs as an extraordinary expense resulting from gainful employment and from granting of the household …” „… family work and gainful employment in the assessment of post-marital maintenance 530 35. BVerfGE 105, 313 …” „… “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… not been reasonable to expect her to take up gainful employment in order to fund her husband’s studies …” „… gainful employment outside the household in order to enable the husband to undergo vocational training …” „… one year in order to receive state recognition. It emerges from the files from the Employment Office …”

BVerfGE 42, 95 Order of the Second Senate of 6 April 1976 – 2 BvR 61/76 “Pre-trial detention I case (visiting permission)” Permission for spouses and children of pre-trial detainees to visit outside general visiting days S. 122-126

„… complainant on Saturdays, since she was in gainful employment and had a long distance to travel. This request …”

BVerfGE 115, 259 Order of the First Senate of 28 March 2006 – 1 BvL 10/01 “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment promotion law in force between 1998 and 2002, according to which periods in which mothers interrupted employment requiring the payment of social security contributions because of the prohibitions under maternity protection law were not taken into account in the calculation of the qualifying period for receiving unemployment benefit S. 747-758

„… gainful employment for some time as a result of the prohibitions of employment (see BVerfGE 60, 68 (76 …” „… interrupt their employment requiring the payment of social security contributions are not, because of the …” „… prohibitions of employment under maternity protection law, taken into account in the calculation of the …”

BVerfGE 99, 246 Order of the Second Senate of 10 November 1998 – 2 BvL 42/93 “Minimum child income case” Minimum child income for the 1987 assessment period to be allowed for in income tax S. 420-431

„… gainful employment. b) These items to be accommodated on the basis of constitutional considerations (see …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… for lack of ability to pay. Her income from gainful employment and letting out property was less than …” „… been gainfully employed since 1990, retired in 1995. The complainant’s employment relationship was …”

BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… by divorce imposed on her. Moreover, it was said that she was unable to engage in gainful employment …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… keeping house, whereas the husband fulfils his obligation through gainful employment (see BVerfGE 3, 225 …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… job listed with the Federal Agency, the nationals of these states interested in gainful employment in …” „… employment of German nationals available to the labour market at that time. The sustained economic growth led …” „… Federal Institute for Employment; Bundesanstalt für Arbeit) were set up and charged with selecting the …”

doi.org/10.5771/9783845237534

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SozW Soziale Welt

Browse Volumes: SozW Soziale Welt

SozW Volume 68 (2017) Issue 1 ISSN Online: 2942-3414

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Abstracts S. 125-132

„… perspective, the establishing of the modern meaning of “gainful employment”, around 1900 within the national …” „… the “ban on women’s night work”. Within this context, the global emergence of “gainful employment” is …”

Theresa Wobbe, Léa Renard, Katja Müller Nationale und globale Deutungsmodelle des Geschlechts im arbeitsstatistischen sowie arbeitsrechtlichen Klassifikationssystem: Ein vergleichstheoretischer Beitrag (1882-1992) S. 63-86

„… “ (1938) einmündet. Diese bestimmt Kriterien für die länderübergreifende Kategorie der „gainful occupation …” „… , und zwar „not only employment as such, but also the development of methods of fitting the available …” „… labour force to employment opportunities“ (ILO 1948 a: 1). Dieser Perspektivenwechsel zur „Labour Force …”

doi.org/10.5771/0038-6073-2017-1

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WSI-Mitteilungen

Browse Volumes: WSI-Mitteilungen

WSI Volume 75 (2022) Issue 4 ISSN Online: 2942-3554

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Zusammenfassungen S. 348-351

„… social integration and shows that gainful employment can enable not only ma-terial but also social and …” „… participation in the context of gainful employ-ment cannot be thought of independently of other forms of …”

doi.org/10.5771/0342-300X-2022-4

Stephan Schlothfeldt - Erwerbsarbeitslosigkeit als sozialethisches Problem

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Stephan Schlothfeldt

Erwerbsarbeitslosigkeit als sozialethisches Problem

Series: Praktische Philosophie

Volume 62 1999

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Titelei/Inhaltsverzeichnis S. 1-8

„… participate in gainful employment under the present socio-economic conditions can be derived. Based on this …” „… exclusion fromgainful employment, are clearly stated. As a rule the long-term un-employed are relegated to a …”

doi.org/10.5771/9783495997468

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