A Principled-Normative Construction of Transgender Protection in Labor Market
Considering the various difficulties faced by transgender people who want a professional placement in the formal labor market, the issues discussed in the sphere of principled- normative construction suggest alternatives to resolve them fairly and effectively. This study is developed through theory...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2015 |
| País: | Brasil |
| Institución: | Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) |
| Repositorio: | Revista de Direitos Fundamentais nas Relações do Trabalho, Sociais e Empresariais |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.indexlaw.org:article/964 |
| Acceso en línea: | http://www.indexlaw.org/index.php/revistadireitosfundamentais/article/view/964 |
| Access Level: | acceso abierto |
| Palabra clave: | Transgender Labor market Discrimination Transgênero Mercado de trabalho Discriminação |
| Sumario: | Considering the various difficulties faced by transgender people who want a professional placement in the formal labor market, the issues discussed in the sphere of principled- normative construction suggest alternatives to resolve them fairly and effectively. This study is developed through theory analysis of the fundamental principles and guarantees prevailing in the current constitutional order and the international community. Notwithstanding the labor market being an environment where it is expected to adopt blended policies in order to ensure equal treatment, full employment and the realization of other fundamental rights, this environment has been extremely hostile and exclusionary, with respect the inclusion of transgender and residence of their performance. In this sense, it is clear that State action regarding the protection of transgender people in society is weak or almost non-existent because it allows the working world to keep treating sexuality as one criterion for differentiation of workers, as opposed, in this respect, to the supremacy of constitutional principles of human dignity, the inviolable right to life, non-discrimination, social justice, equality, freedom, among others. It identifies therefore the importance of developing and implementing public policies and legislation aimed at integration / maintenance of transsexuals in the Brazilian formal labor market and the social recognition of same. |
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